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City of Santa Ana <br />Main Library <br /> 2021-2022 BF-1-21-053 <br /> Page 6 <br /> <br />3. Any of the sums appearing under the categories in the approved budget may <br />be adjusted with prior authorization from the State Library Grant Monitor. This <br />would be to increase the allotment with the understanding that there will be <br />corresponding decreases in the other allotments so that the total amount paid <br />by the State Library to the Grantee under this Agreement shall not exceed the <br />awarded amount, which shall be expended/encumbered during the grant <br />period. <br />4. If the payment amount made by the State Library exceeds the actual expenses <br />incurred during the term of this Agreement, as reflected in the financial reports to <br />be filed by the Grantee, the Grantee shall immediately refund the excess <br />payment amount to the State Library. <br />5. The Award payments will only be made to the Grantee. It is the Grantee’s <br />responsibility to pay all contractors and subcontractors for purchased goods and <br />services. <br />6. The Final Payment of 10% will be withheld and retained by the State Library (if <br />applicable) until all conditions agreed upon in this Agreement have been <br />satisfied. <br />7. Prompt Payment Clause <br />The State Library will make payments to the Grantee in accordance with the <br />Prompt Payment Clause under Government Code, section 927, et. seq. The <br />Grantee may typically expect payment within 45 days from the date a grant <br />payment request is properly submitted and approved by the Grant Monitor. <br />8. Budget Contingency Clause <br />a. It is mutually agreed that if the Budget Act of the current fiscal year or any <br />subsequent years covered under this Agreement does not appropriate <br />sufficient funds for the program, this Agreement shall no longer be in full force <br />and effect. In this event, the State Library shall have no liability to pay any <br />funds whatsoever to the Grantee or to furnish any other considerations under <br />this Agreement and the Grantee shall not be obligated to perform any <br />provisions of this Agreement. <br />b. If funding for any fiscal year is reduced or deleted by the Budget Act for <br />purposes of this Program, the State Library shall have the option to either <br />cancel this Agreement with no liability occurring to itself or offer an <br />Agreement amendment to the Grantee to reflect the reduced amount. <br /> DRAFT