Agreement Relative to Closeout
MDA Grant Programs
SUB-RECIPIENT: ______GRANT NUMBER: ______
Installation of project equipment was completed on: ______
This Agreement is between ______(“Sub-Recipient”) and the Mississippi Development Authority (MDA).
Agreement Regarding Closeout/Audit
The parties to this Agreement desire to close out Sub-Recipient’s MDAGrant, grant number ______(the “Grant”).
MDA does not require a final audit of an individual Grant at closeout. If the Sub-Recipient has expended over $500,000 in federal funds in a fiscal year in which MDA funds were also expended, an A-133 audit must be supplied to MDA within nine months of the end of the fiscal year in which the funds were expended.
Rather than waiting for Sub-Recipient to submit this audit, if applicable, the parties desire to close out the Grant subject to subsequent audit(s).
THEREFORE, in consideration of the mutual promises contained herein, the parties to this Agreement agree as follows:
- Sub-Recipient will submit to MDA its required audits as required by federal and State laws and regulations and which shall cover all periods in which any Grant costs have been incurred.
- Sub-Recipient shall remit to MDA the amount of any ineligible costs that are disallowed by any required audit(s) and or subsequent audits in which disallowances are identified by federal and/or State agency (ies).
- The Agreement contained herein is in addition to any other agreements between the parties relative to the closeout of the Grant. Sub-Recipient agrees to abide by all governing laws and regulations.
Certificate of Completion
I hereby certify that all activities undertaken by the Sub-Recipient with funds provided under the Grant agreement, hereof, have, to the best of my knowledge, been carried out in accordance with the Grant agreement; that proper provisions have been made by the Sub-Recipient for the payment of all unpaid costs and unsettled third-party claims identified, hereof; that the United States of American and the State of Mississippi are under no obligation to make any further payment to the Sub-Recipient under the Grant agreement, hereof; and that every statement and amount set forth in this instrument is, to the best of my knowledge, true and correct as of this date.
Certificate of Sub-Recipient Compliance
A.) Release
Pursuant to the terms of said contract and in consideration of the sum of $ ______(total amount paid and payable by MDA), upon payment of the said some does remise, release and discharge MDA, its officers, agents, and employees, of and from all liabilities, obligations, claims, and demands whatsoever under or arising from the said contract.
B.) Assignment of Refunds, Rebates and Merchandise Credits
Pursuant to the terms of said contract and in consideration of the reimbursement of costs and payment of fees as provided in the said Grant and any assignment thereunder, the Sub-Recipient hereby does the following:
a)Assign, transfer, set over and release to MDA all rights, titles and interest to all refunds, rebates, merchandise credits or other amounts (including any interest thereon) arising or which may hereafter accrue thereunder.
b)Agree to take whatever action may be necessary to effect prompt collection of all such refunds, rebates, merchandise credits or other amounts (including interest thereon due or which may become due, and to forward promptly to MDA) for any proceeds so collected. The reasonable costs of any such action to effect collection shall constitute allowable costs when approved by MDA as stated in the said Grant and may be applied to reduce any amount otherwise payable to MDA under the terms hereof.
c)Agree to cooperate fully with MDA as to any claim or suit in connection with such refunds, rebates, merchandise credits or other amounts due (including any interest thereon); to execute any protest, pleading application, power of attorney or other papers in connection therewith; and to permit MDA or the federal granting agency to represent it at any hearing, trial or other proceeding arising out of such claim or suit.
C.) Inventory Certification (Choose one)
a) ( ) The Sub-Recipient hereby certifies that all items of materials and equipment purchased, furnished, or transferred for or to said Sub-Recipient were done so in accordance with the terms and conditions of said Grant.
b)( ) The Sub-Recipient hereby certifies that no equipment was furnished or acquired under the terms and conditions of said Grant.
D.) General Statement of Compliance
I hereby certify that, to the best of my knowledge, all federal, State and local requirements of the said Grant have been met, and the Grant is in full compliance.
E.) Outstanding Claimants List Certification
I hereby certify that the information as stated in the Outstanding Claimants List is to the best of my knowledge, true and correct.
F.) Final Request for Payment and Consolidated Support Sheet Certification (if applicable)
I hereby certify that the information as stated on the final request for payment and consolidated support sheet is, to the best of my knowledge, true and correct.
G.) Final Monthly Reporting Worksheet and Jobs Report Certification
I hereby certify that the information as stated on the final monthly reporting worksheet and jobs report is, to the best of my knowledge, true and correct; or
For projects funded through the State Energy Program – ARRA, where six months of energy metrics reporting following project completion is required, I hereby certify that all reports have been previously submitted or will be submitted to MDA as required, until six months’ reporting has been accomplished. I understand this may require reporting by my organization following close-out, and I certify these reports will be submitted in a timely and complete manner until this requirement has been met fully.
This Agreement is executed by the Parties on the date indicated by their respective signatures.
IN WITNESS THEREOF, THIS AGREEMENT AND CERTIFICATION OF SUB-RECIPIENT COMPLIANCE HAS BEEN EXECUTED THIS DAY OF 20___:
______
Sub-Recipient Responsible OfficerDate
______
WitnessDate
______
Karen Bishop, Energy and Natural
Resources Division DirectorDate
______
WitnessDate
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2/2012