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City of Santa Ana <br />State Water Board Grant Agreement No. 14-449-550 <br />Amendment 1 <br />Page 10 of 21 <br />e. Final invoice shall be clearly marked "FINAL INVOICE" and submitted NO LATER THAN <br />C1=-DTCM14RFR 3G MJULY 31. 2017. <br />B. PROHIBITION OF INDIRECT COSTS <br />The grant funds for this Agreement are the proceeds from the sale of general obligation bonds. As such, <br />grant funds may not be used for any indirect costs. "Indirect Costs" means those costs that are incurred for a <br />common or joint purpose benefiting more than one cost objective and are not readily assignable to the Project <br />(i.e., costs that are not directly related to the Project). Examples of Indirect Costs include, but are not limited <br />to: central service costs; general administration of the Grantee; non -project -specific accounting and personnel <br />services performed within the Grantee organization; depreciation or use allowances on buildings and <br />equipment; the costs of operating and maintaining non -project -specific facilities; tuition and conference fees; <br />and, generic overhead or markup. Any Invoice submitted Including Indirect Costs will cause that invoice, in its <br />entirety, to be disputed and will not be paid until the dispute Is resolved. This prohibition applies to the <br />Grantee and any subcontract or sub -agreement for work on the Project that will be reimbursed with grant <br />funds pursuant to this Agreement. (Gov. Code, § 16727.) <br />C. BUDGET CONTINGENCY CLAUSE <br />The maximum amount to be encumbered under this Agreement for the 2014-15 fiscal year ending <br />June 30, 2015 shall not exceed TWO HUNDRED EIGHTY-EIGHT THOUSAND, EIGHT HUNDRED NINETY- <br />EIGHT DOLLARS ($288,898). <br />If the Budget Act of the current year and/or any subsequent years covered under this Agreement does not <br />appropriate sufficient funds for the program, this Agreement shall be of no force and effect. This provision <br />shall be construed as a condition precedent to the obligation of the State Water Board to make any payments <br />under this Agreement. In this event, the State shall have no liability to pay any funds whatsoever to Grantee <br />or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any <br />provisions of this Agreement. Nothing in this Agreement shall be construed to provide the Grantee with a <br />right of priority for payment over any other Grantee. <br />If this Agreement's funding for any fiscal year is reduced or deleted by the Budget Act, by Executive Order, or <br />by order of the Department of Finance, the State shall have the option to either cancel this Agreement with no <br />liability occurring to the State, or offer an Agreement amendment to the Grantee to reflect the reduced <br />amount. <br />D. LINE ITEM BUDGET <br />Direct Project Administration Costs <br />Planning/Design/Engineering/Environmental <br />Equipment ($5,000 or more per item) <br />Construction/Implementation <br />Monitoring/Performance <br />Education/Outreach <br />TOTAL <br />E. BUDGET LINE ITEM FLEXIBILITY <br />PROP40 MATCH TOTAL <br />8,816 $ 2,205 $ 11,021 <br />31,440 $ 7,860 $ 39,300 <br />0 $ 0 $ 0 <br />215,856 $ 53,964 $ 269,820 <br />23,438 $ 10,465 $ 33,903 <br />9,348 $ 2,337 $ 11,685 <br />288,898 $ 76,831 $ 365,729 <br />1. Line Item Adjustment(s). Subject to the prior review and approval of the Grant Manager, adjustments <br />between existing line item(s) may be used to defray allowable direct costs up to fifteen percent (15%) of <br />the total grant amount (excluding Match Funds), including any amendment(s) thereto. Line item <br />adjustments in excess of fifteen percent (15%) shall require a formal Agreement amendment. If the Line <br />