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Contract #31317 <br />City of Santa Ana AJCC <br />Agreement with no liability occurring to the State, or offer an agreement <br />amendment to Contractor to reflect the reduced amount. <br />C. Federal and State funds are time limited; therefore, invoices (service and <br />certified match) must be submitted as soon as possible, but no later than 60 <br />days after the service month. Final submission of all fiscal year-end invoices is <br />due no later than November 15i, to allow for payment and draw down prior to the <br />close out of Federal/State funds. <br />D. If budgetary funds revert due to failure to submit timely invoices or failure to <br />submit a properly prepared invoice, related Federal and State funds will no <br />longer be available for use which will require the contractor to submit a claim <br />through the Victims Compensation and Government Claims Board, where <br />approval to pay is not guaranteed. <br />3. For Federally Funded Agreements <br />A. It is mutually understood between the parties that this Agreement may have <br />been written for the mutual benefit of both parties before ascertaining the <br />availability of congressional appropriation of funds, to avoid program and fiscal <br />delays that would occur if the Agreement were executed after that determination <br />was made. <br />B. This Agreement is valid and enforceable only if sufficient funds are made <br />available to the State by the United State Government for the current year <br />and/or any subsequent year for the purpose of this program. In addition, this <br />Agreement is subject to any additional restrictions, limitations, or conditions <br />enacted by Congress or to any statute enacted by Congress that may affect the <br />provisions, terms, or funding of this Agreement in any manner. <br />C. The parties mutually agree that if Congress does not appropriate sufficient funds <br />for the program, this Agreement shall be amended to reflect any reduction in <br />funds. <br />4. Prompt Payment Clause <br />The Department of Rehabilitation is obligated to promptly pay all Invoices <br />(Government Code Chapter 4.5 commencing with §927). However, invoices must <br />be properly submitted for prompt processing and payment. Under certain <br />conditions, the Department of Rehabilitation is required to pay Contractors a late <br />payment if a correct invoice for services/goods is not paid within 45 calendar days. <br />The Contractor does not need to request the late payment as the Department of <br />Rehabilitation will determine and send any late payment to the Contractor. <br />Exhibit B 2 <br />