CALIFORNIA, STATE OF, WATER RESOURCES CONTROL BOARD - 2014

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City of Santa Ana State Water Board Grant Agreement No. 14-449-550 Page 10 of 20 e. Final invoice shall be clearly marked "FINAL INVOICE" and submitted NO LATER THAN SEPTEMBER 30, 2016, B. PROHIBITION OF INDIRECT COSTS The grant funds for this Agreement are the proceeds from the sale of general obligation bonds. As such, grant funds may not be used for any indirect costs. "Indirect Costs" means those costs that are incurred for a common or joint purpose benefiting more than one cost objective and are not readily assignable to the Project (i.e., costs that are not directly related to the Project). Examples of Indirect Costs include, but are not limited to: central service costs; general administration of the Grantee; non -project -specific accounting and personnel services performed within the Grantee organization; depreciation or use allowances on buildings and equipment; the costs of operating and maintaining non -project -specific facilities; tuition and conference fees; and, generic overhead or markup. Any invoice submitted including Indirect Costs will cause that invoice, in its entirety, to be disputed and will not be paid until the dispute is resolved. This prohibition applies to the Grantee and any subcontract or sub -agreement for work on the Project that will be reimbursed with grant funds pursuant to this Agreement. (Gov. Code, § 16727.) C. BUDGET CONTINGENCY CLAUSE The maximum amount to be encumbered under this Agreement for the 2014-15 fiscal year ending June 30, 2015 shall not exceed TWO HUNDRED EIGHTY-EIGHT THOUSAND, EIGHT HUNDRED NINETY- EIGHT DOLLARS ($288,898). 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 force and effect. This provision shall be construed as a condition precedent to the obligation of the State Water Board to make any payments under this Agreement. In this event, the State shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Agreement. Nothing in this Agreement shall be construed to provide the Grantee with a right of priority for payment over any other Grantee. If this Agreement's funding for any fiscal year is reduced or deleted by the Budget Act, by Executive Order, or by order of the Department of Finance, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an Agreement amendment to the Grantee to reflect the reduced amount. D. LINE ITEM BUDGET Direct Project Administration Costs Planning/Design/Engineering/Environmental Equipment ($5,000 or more per item) Construction/Implementation Monitoring /Performance Education/Outreach TOTAL E. BUDGET LINE ITEM FLEXIBILITY PROP40 MATCH TOTAL 8,816 $ 2,205 $ 11,021 31,440 $ 7,860 $ 39,300 0 $ 0 $ 0 215,856 $ 53,964 $ 269,820 23,438 $ 10,465 $ 33,903 9,348 $ 2,337 $ 11,685 288,898 $ 76,831 $ 365,729 1. Line Item Adjustment(s). Subject to the prior review and approval of the Grant Manager, adjustments between existing line item(s) may be used to defray allowable direct costs up to fifteen percent (15%) of the total grant amount (excluding Match Funds), including any amendment(s) thereto. Line item adjustments in excess of fifteen percent (15%) shall require a formal Agreement amendment. If the Line Item Budget includes an amount for Personnel Services, that amount is based on the hours,