8948-17 Authorize Agreement to Operate the Small Business Performance Grant Program

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basis until all such funds have been expended for Performance Grants, or until either party terminates this Agreement as permitted herein. (d) All unencumbered and unused Grant funds contributed to the Fund which remain in the Fund upon termination of this Agreement shall be immediately returned to the County. SECTION 1.04 Program Income (a) If a Borrower's business project for which a Performance Grant was disbursed fails, is terminated, or if the Borrower defaults on Performance Grant Program requirements such that Performance Grant proceeds must be returned to the Program, said proceeds shall be retained within the Fund as program income and re- disbursed for eligible activities of the Program. (b) A record of such returned Performance Grant proceeds shall be reported in the quarterly performance report described in Section 3.05 of this Agreement. ARTICLE II Representations and Warranties The Grantee represents and warrants to the County as of the date of this Agreement and throughout the time period set forth as described in Section 1.03 of this Agreement the following: SECTION 2.01 Authority This Agreement has been properly authorized pursuant to the required provisions of any and all charter provisions, ordinances, resolutions and regulations of the Grantee. The individuals signing on behalf of the Grantee are authorized to execute this Agreement on behalf of the City of Lakewood. SECTION 2.02 Material Facts No representation or warranty contained schedule or other document furnished or to be contain any known misstatement of material fac t required to be stated herein. SECTION 2.03 Findings for Recovery herein or made hereunder and no certificate, furnished in connection herewith contains or will or any intentional omission of any material fact Grantee represents and warrants that it is not subject to an "unresolved" finding for recovery under Ohio Revised Code Section 9.24. If this representation and warranty is determined to be false, this Agreement is void ab initio, and Grantee must immediately repay to County any funds paid under this Agreement and must make the County whole for any damages sustained by the County as a result of such false representation and warranty. SECTION 2.04 Non - Discrimination The Grantee shall act under this Agreement in a manner such that no discrimination will be exercised against any person because of race, color, religion, or national origin, as provided in Title VI of the Civil Rights Act of 1964, and that violation thereof shall be deemed a material breach of this Agreement. SECTION 2.05 Public Records Grantee acknowledges and agrees that as political subdivisions, both the Grantee and the County are subject to the requirements of the Ohio Public Records Law. When Grantee submits 3of17