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Page 17 of 49 <br />provide timely advance payments to the subrecipient to meet the subrecipient's actual <br />cash disbursements. <br />(5) To the extent available, the non -Federal entity must disburse funds available from <br />program income (including repayments to a revolving fund), rebates, refunds, contract <br />settlements, audit recoveries, and interest earned on such funds before requesting <br />additional cash payments. <br />(6) Unless otherwise required by Federal statutes, payments for allowable costs by non - <br />Federal entities must not be withheld at any time during the period of performance unless <br />the conditions of §200.208, subpart D of this part, including §200.339, or one or more of <br />the following applies: <br />(i) The non -Federal entity has failed to comply with the project objectives, Federal <br />statutes, regulations, or the terms and conditions of the Federal award. <br />(ii) The non -Federal entity is delinquent in a debt to the United States as defined in <br />OMB Circular A-129, "Policies for Federal Credit Programs and Non -Tax <br />Receivables." Under such conditions, the Federal awarding agency or pass - <br />through entity may, upon reasonable notice, inform the non -Federal entity that <br />payments must not be made for financial obligations incurred after a specified <br />date until the conditions are corrected or the indebtedness to the Federal <br />Government is liquidated. <br />(iii) A payment withheld for failure to comply with Federal award conditions, but <br />without suspension of the Federal award, must be released to the non -Federal <br />entity upon subsequent compliance. When a Federal award is suspended, payment <br />adjustments will be made in accordance with §200.343. <br />(iv) A payment must not be made to a non -Federal entity for amounts that are <br />withheld by the non -Federal entity from payment to contractors to assure <br />satisfactory completion of work. A payment must be made when the non -Federal <br />entity actually disburses the withheld funds to the contractors or to escrow <br />accounts established to assure satisfactory completion of work. <br />(7) Standards governing the use of banks and other institutions as depositories of advance <br />payments under Federal awards are as follows. <br />(i) The Federal awarding agency and pass -through entity must not require separate <br />depository accounts for funds provided to a non -Federal entity or establish any <br />eligibility requirements for depositories for funds provided to the non -Federal <br />entity. However, the non -Federal entity must be able to account for funds <br />received, obligated, and expended. <br />(ii) Advance payments of Federal funds must be deposited and maintained in insured <br />accounts whenever possible. <br />(8) The non -Federal entity must maintain advance payments of Federal awards in interest - <br />bearing accounts, unless the following apply: <br />Agreement No. R22AP00352 Agreement Template <br />Recipient Name: City of Santa Ana (0112021) <br />