11-14-16 Regular Meeting of the La Porte City Council

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G. Expenditure Performance La Porte shall immediately notify the Executive Director of HCCSD, or his designee, of any problems, delays or adverse conditions that will affect the ability of La Porte to perform its obligations under this Agreement. Any such notice shall include a statement of actions taken or contemplated to be taken by La Porte to resolve such problems, delays or adverse conditions. La Porte shall also promptly notify the Executive Director of HCCSD, or his designee, if it anticipates accomplishing the activities set forth in this Agreement with a lower expenditure of funds than the amount allocated, or within a shorter period of time than the Agreement period. La Porte further understands and agrees that should the County determine that La Porte will not use all of the funds allocated to La Porte under this Agreement, then the County shall reduce the amount allocated to La Porte under this Agreement for the purpose of ensuring that such funds do not remain unspent, and that such monies are promptly reallocated to other service providers in accordance with the Countyurement procedures. The County will notify La Porte in writing of its determination to reduce the amount allocated to La Porte under this Agreement and any such determination by the County shall be final. H. Supplementing a Request for Payment A Supplemental Request amending a payment or reimbursement request may be filed with the County after the submission or receipt of the original request. Any Supplemental Request for payment or reimbursement submitted after the date of submission or receipt of the original request will be subject to approval by the County. No more than one Supplemental Request shall be allowed per month. I. Withholding Payments If FTA initiates an investigation into any matter covered under this Agreement, the County may withhold all payments until the results of the investigation have been revealed and resolved. Reimbursement to La Porte will be determined upon resolution of the investigation by FTA. J. Repayment of Ineligible Payments IN THE EVENT FTA DETERMINES THROUGH INVESTIGATIONS AND/OR MONITORING THAT ANY COUNTY PAYMENT OR REIMBURSEMENT TO LA PORTE IS INELIGIBLE OR DISALLOWED, LA PORTE SHALL IMMEDIATELY AND WITHOUT DELAY FULLY REIMBURSE THE COUNTY, AND THE COUNTY WILL REIMBURSE FTA FOR DISALLOWED OR INELIGILE COSTS. IF FTA INFORMS THE COUNTY THAT IT IS REQUIRED TO REFUND MONEYS PREVIOUSLY AWARDED OR DRAWN DOWN FROM THE U.S. TREASURY IN REFERENCE TO THIS AGREEMENT, LA PORTE AGREES TO PAY AN EQUAL AMOUNT TO THE COUNTY PRIOR TO THE DEMAND DATE OF PAYBACK. V. NOTICES Any communication concerning this Agreement shall be directed to the representatives of the County Page 10 of 58