20A - AA - AGMT - ELDERLY AND DISABLED TRANSIT GRANT

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Standard Agreement DOT -213 EXHIBIT B 3. procurement options are Identified in Exhibit D City of Santa Ana 642572 Page 4 of 29 D. Billinq and Payment for Other Eguioment. Funds allocated for use on this PROJECT Identified as Other Equipment are payable to the CONTRACTOR in arrears on a reimbursement basis. The CONTRACTOR shall submit its request(s) for payment to the STATE upon completion of procurement process detailed in Exhibit D. Parts 7 and 8. The request(s) for payment shall certify that the CONTRACTOR has received and accepted the equipment and shall be submitted together with copies of the vendor's original invoice and the CONTRACTOR'S purchase order including proof of payment. The CONTRACTOR'S invoice and the vendor's paid invoice shall be consistent with the purchase order and include a breakdown of unit costs, sales tax, registration fees, any items not payable under this PROJECT, and any items not subject to sales tax. The latter includes "items and materials when used to modify a vehicle for physically handicapped persons ", which are exempt from sales tax under Revenue and Taxation Code § 6369.4 E. Upon review and approval by the STATE, the STATE agrees to reimburse the CONTRACTOR for allowable casts as defined in 2 CPR Part 225 and 49 CFR, Part 18 upon receipt of an invoice that is Itemized per the Bid Approval Letter, and otherwise meets the requirements of this Standard Agreement. Incomplete or disputed invoices shall be returned to Contractor, unpaid, for correction. F. The obligations of the STATE to CONTRACTOR under the terms of this contract shall terminate upon payment of CONTRACTOR'S invoices for the PROJECT equipment. All invoices shall be submitted for payment within 90 days of equipment acquisition. The obligations of the Contractor under this Agreement shall remain in effect until all PROJECT equipment has been disposed of under the terms of this Agreement. G. The net PROJECT cost and allowability of individual items of PROJECT cost shall be determined in conformance with CFR 48, Federal Acquisition Regulations System, Chapter 1, Part 31, 2 CFR Part 230 (OMB Circular A -122), "Cost Principles for Non - profit Organizations," and other applicable regulations, circulars, or memorandums that may be issued by Federal Transportation Administration (FTA). 2. Budget Contingency Clause A. It is mutually agreed that if the Budget Act of the current year and /or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the STATE shall have no liability to pay any funds whatsoever to CONTRACTOR or to furnish any other considerations under this Agreement and CONTRACTOR shall not be obligated to perform any provisions of this Agreement. B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the STATE shall have the option to either cancel this Agreement with no liability occurring to the STATE, or offer an Agreement amendment to CONTRACTOR to reflect the reduced amount. 3. Prompt Payment Clause, A. In the event the contractor is a certified small business or similar entity, but not a public agency, the STATE shall make payment within 45 days in accordance with Government Cade Chapter 4.5 Section 927, 20A -9 Rev, 03/25/2014