2024-038 Ordinance - Laserfiche WebLink

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in a manner consistent with the Project description in appropriation Rem C72SE2. If Grantee is not required to submit the aforementioned report, Grantee shall file an annual detailed expenditure report of all expenditures associated with the Project with the Auditor of State by March 1st every year until all funds provided in this Agreement have been spent. The above reports shall be filed in accordance with Auditor of State Bulletin 2015-07. b. Compliance with Employment Laws. Grantee agrees to comply with all applicable federal, state, and local laws and regulations, in the conduct of the Project and acknowledges that its employees are not employees of ODNR with regard to the application of the Ohio Public Employees Retirement law, Fair Labor Standards Act minimum wage and overtime provisions, Federal Insurance Contribution Act, Social Sewrhy Act, Federal Unemployment Tax Act, internal Revenue Code, Ohio revenue and tax laws, Ohio Workers' Compensation Act, and Ohio unemployment compensation law. c. Compliance with Law, Preservation of Tax -Exempt Status of Bonds. Grantee agrees to use funds provided underthis Agreement in accordance with the Ohio Constitution and any state orfederal laws and regulations that may apply. Grantee shall repay ODNR any funds improperly expended. Additionally, Grantee agrees to comply with all requirements within its control necessary to preserve the tax status of all tax-exempt ortax-advantaged bonds, the proceeds of which amused to provide the funding to Grantee set forth In this Agreement Unless otherwise determined by the OPFC, such requirements include, but are not limited to, ensuring that the funds provided under this Agreement finance capital expenditures (as opposed to operating expenses) and are not used to refund or otherwise refinance existing debt of Grantee. Grantee shall be liable for any payments to the Internal Revenue Service or the U.S. Treasury as penalties orto preserve the tax status of tax-exempt or tax -advantaged bonds, and any other costs, resulting in whole or in partfrom actions taken by Grantee, including the failure of Granteeto comply with federal income tax laws applicable to such bonds. Grantee agrees to consult with OPFC ifthe Grantee is uncertain as to what expenditures are eligible to be financed with funds provided under this Agreement. 25. Relationship of Parties. a. Expenses. Grantee shall be responsible for all of its own business expenses, including, but not limited to, computers, email and Internet access, software, phone service, and office space. Grantee will also be responsible for all licenses, permits, employees' wages and salaries, insurance of every type and description, and all business and personal taxes, including income and Social Security taxes and contributions for Workers' Compensation and Unemployment Compensation coverage, If any, unless payment for any such item is specifically provided for herein or In the purchase order. b. No Control Over Means and Methods. While Grantee shall be required to perform its obligations described hereunder during the term of this Agreement, nothing herein shall be construed to Imply, by reason of Grantee's obligations hereunder, that ODNR shall have or may exercise any right of control over Grantee with regard to the means or method of Grantees performance of its obligations hereunder. a Right to Bind. Except as expressly provided herein, neither party shall have the right to bind or obligate the other party in any manner without the other party s prior written consent. Capital Improvement Page A-19 ODNR Legal Project Guide Rev. Aug. 16, 2022