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Page 16 of 49 <br />(1) The non -Federal entity must be paid in advance, provided it maintains or demonstrates <br />the willingness to maintain both written procedures that minimize the time elapsing <br />between the transfer of funds and disbursement by the non -Federal entity, and financial <br />management systems that meet the standards for fund control and accountability as <br />established in this part. Advance payments to a non -Federal entity must be limited to the <br />minimum amounts needed and be timed to be in accordance with the actual, immediate <br />cash requirements of the non -Federal entity in carrying out the purpose of the approved <br />program or project. The timing and amount of advance payments must be as close as is <br />administratively feasible to the actual disbursements by the non -Federal entity for direct <br />program or project costs and the proportionate share of any allowable indirect costs. The <br />non -Federal entity must make timely payment to contractors in accordance with the <br />contract provisions. <br />(2) Whenever possible, advance payments must be consolidated to cover anticipated cash <br />needs for all Federal awards made by the Federal awarding agency to the recipient. <br />(i) Advance payment mechanisms include, but are not limited to, Treasury check and <br />electronic funds transfer and must comply with applicable guidance in <br />31 CFR part 208. <br />(ii) Non -Federal entities must be authorized to submit requests for advance payments <br />and reimbursements at least monthly when electronic fund transfers are not used, <br />and as often as they like when electronic transfers are used, in accordance with the <br />provisions of the Electronic Fund Transfer Act (15 U.S.C. 1693-1693r). <br />(3) Reimbursement is the preferred method when the requirements in this paragraph (b) <br />cannot be met, when the Federal awarding agency sets a specific condition per §200.208, <br />or when the non -Federal entity requests payment by reimbursement. This method may be <br />used on any Federal award for construction, or if the major portion of the construction <br />project is accomplished through private market financing or Federal loans, and the <br />Federal award constitutes a minor portion of the project. When the reimbursement <br />method is used, the Federal awarding agency or pass -through entity must make payment <br />within 30 calendar days after receipt of the billing, unless the Federal awarding agency or <br />pass -through entity reasonably believes the request to be improper. <br />(4) If the non -Federal entity cannot meet the criteria for advance payments and the Federal <br />awarding agency or pass -through entity has determined that reimbursement is not feasible <br />because the non -Federal entity lacks sufficient working capital, the Federal awarding <br />agency or pass -through entity may provide cash on a working capital advance basis. <br />Under this procedure, the Federal awarding agency or pass -through entity must advance <br />cash payments to the non -Federal entity to cover its estimated disbursement needs for an <br />initial period generally geared to the non -Federal entity's disbursing cycle. Thereafter, the <br />Federal awarding agency or pass -through entity must reimburse the non -Federal entity <br />for its actual cash disbursements. Use of the working capital advance method of payment <br />requires that the pass -through entity provide timely advance payments to any <br />subrecipients in order to meet the subrecipient's actual cash disbursements. The working <br />capital advance method of payment must not be used by the pass -through entity if the <br />reason for using this method is the unwillingness or inability of the pass -through entity to <br />Agreement No. R22AP00352 Agreement Template <br />Recipient Name: City of Santa Ana (0112021) <br />