Text · page 43 of 67
Read the whole document on one page (all 67 pages, each with its own heading)
ATTACHMENT A-2 PROGRAM SPECIFIC TERMS AND CONDITIONS Program Specific Clauses - Downtown Revitalization Initiative and the New York Forward (updated 9/1/2024) A. This Agreement has been entered into pursuant to the following understandings: 1. The Department of State (Department) administers transformative housing, economic development, transportation and community projects through the Downtown Revitalization Initiative (DRI) and the New York Forward (NYF) programs. 2. The State determined to fund Contractor’s project, which is described in Attachment C (Program Work Plan). 3. State funds (Funding Amount set forth on the Face Page) for this Project (Attachment C Program Work Plan) are provided pursuant to an appropriation of funds made in the New York State Capital Projects Budget – Dedicated Infrastructure Investment Fund / Infrastructure Investment Account. 4. The Contractor shall request payment and reimbursement of eligible and supportable costs incurred under this Agreement, on an interim basis, and each such payment request will be processed by the Department in accordance with relevant provisions set forth herein, together with the following terms: a. The Department, upon approving each payment request, shall make an interim payment for eligible and supportable costs incurred by the Contractor. b. The final payment request will not be processed by the Department prior to satisfactory completion of the Project. c. The Department can withhold the final 10% of the total amount that may be funded by the State in accordance with this Agreement, until the satisfactory completion of the Project. 5. No liabilities are to be incurred beyond the contract period and no costs will be reimbursed for such liabilities unless all of the following conditions have been met: 1) funds have been reappropriated for the Project in the subsequent State fiscal year, 2) the Department determines that it is in the best interest of the Department and the State to provide additional time to complete the Project and 3) an extension agreement is approved in accordance with applicable laws, rules, and regulations and is executed by all necessary parties. 6. Subject to the availability of funds, determination by the Department that it is in the best interest of the State, and upon mutual written consent of the parties, the State may provide a no-cost time extension. The parties shall revise or complete the appropriate Contract Number: C1003337 Page 1 of 11, Attachment A-2 – Program Specific Terms and Conditions