Suspend Work. 7.1 For cases reviewed by State Water Board staff under HS&C section 25299.39.2, the Grantee will be provided a Review Summary Report unsigned by the Fund Manager and an opportunity for comment. For those cases for which the Grantee receives a signed Review Summary Report with a Fund Manager determination that case closure is appropriate, the Grantee shall not issue new or enforce existing corrective action directives for the UST case except under certain circumstances described in Item 2. 7.2 The State Water Board may order the Grantee, in writing, to suspend, delay, or interrupt all or any part of the work under this agreement for such period of time as the State Water Board determines to be appropriate for the convenience of the State Water Board or because of alleged failure of the Grantee to perform in accordance with the provisions of this agreement. The Grantee shall suspend, delay, or interrupt work as directed in such written order and shall resume the suspended work only upon receipt of written notice to proceed from the State Water Board. 7.3 If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted for the convenience of the State Water Board, or by an act of the State Water Board in violation of State Water Board obligations under this agreement, or by failure of the State Water Board to act within the time specified in this agreement, an equitable adjustment shall be made for any increase in the cost of performance of work under this agreement (excluding profit) caused by such unreasonable suspension, delay, or interruption and the agreement shall be modified in writing accordingly. No equitable adjustment shall be made under this “Exhibit ” for any suspension, delay, or interruption to the extent that (1) performance would have been so suspended, delayed, or interrupted by any other cause, including fault or negligence on the part of the Grantee, or (2) to the extent that performance is suspended, delayed, or interrupted due to failure or default of the Grantee in fulfillment of any obligation under this agreement, or (3) for which an equitable adjustment is provided for or excluded under any other provision of this agreement. 7.4 No Grantee claim under “Suspension of Work” for alleged increase in costs due to suspension, delay, or interruption of work shall be allowed (1) for any costs incurred more than ten (10) days prior to written notice from the Grantee stating that the Grantee asserts that an act or failure to act by the State Water Board has or is suspending, delaying, or interrupting work under the agreement (but this requirement shall not apply to a written suspension order issued by the State Water Board), and (2) unless the amount of monetary claim by the Grantee is asserted in writing and provided to the State Water Board as soon as practical after the termination of such suspension, delay, or interruption.
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Sources: Grant Agreement
Suspend Work. 7.1 For cases reviewed by State Water Board staff under HS&C section 25299.39.2, the Grantee will be provided a Review Summary Report unsigned by the Fund Manager and an opportunity for comment. For those cases for which the Grantee receives a signed Review Summary Report with a Fund Manager determination that case closure is appropriate, the Grantee shall not issue new or enforce existing corrective action directives for the UST case except under certain circumstances described in Item 2.
7.2 The State Water Board may order the Grantee, in writing, to suspend, delay, or interrupt all or any part of the work under this agreement for such period of time as the State Water Board determines to be appropriate for the convenience of the State Water Board or because of alleged failure of the Grantee to perform in accordance with the provisions of this agreement. The Grantee shall suspend, delay, or interrupt work as directed in such written order and shall resume the suspended work only upon receipt of written notice to proceed from the State Water Board.
7.3 If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted for the convenience of the State Water Board, or by an act of the State Water Board in violation of State Water Board obligations under this agreement, or by failure of the State Water Board to act within the time specified in this agreement, an equitable adjustment shall be made for any increase in the cost of performance of work under this agreement (excluding profit) caused by such unreasonable suspension, delay, or interruption and the agreement shall be modified in writing accordingly. No equitable adjustment shall be made under this “Exhibit ” for any suspension, delay, or interruption to the extent that (1) performance would have been so suspended, delayed, or interrupted by any other cause, including fault or negligence on the part of the Grantee, or (2) to the extent that performance is suspended, delayed, or interrupted due to failure or default of the Grantee in fulfillment of any obligation under this agreement, or (3) for which an equitable adjustment is provided for or excluded under any other provision of this agreement.
7.4 No Grantee claim under “Suspension of Work” for alleged increase in costs due to suspension, delay, or interruption of work shall be allowed (1) for any costs incurred more than ten (10) days prior to written notice from the Grantee stating that the Grantee asserts that an act or failure to act by the State Water Board has or is suspending, delaying, or interrupting work under the agreement (but this requirement shall not apply to a written suspension order issued by the State Water Board), and (2) unless the amount of monetary claim by the Grantee is asserted in writing and provided to the State Water Board as soon as practical after the termination of such suspension, delay, or interruption.
7.5 No suspension order issued by the State Water Board because of alleged fault or negligence on the part of the Grantee, or because of alleged failure or default of the Grantee in fulfillment of any obligation under this agreement, shall be deemed to preclude the State Water Board from thereafter terminating this agreement for the same fault, negligence, failure, or default which gave rise to the suspension order.
7.6 If it is ultimately determined that alleged fault or negligence on the part of the Grantee did not occur, and that the Grantee was not guilty of any failure or default in fulfillment of agreement obligations, the suspension order shall be deemed to have been given for the convenience of the State Water Board and the agreement price shall be equitably adjusted as provided in Item 7.3 above.
A. INVOICING AND PAYMENT
1. Upon receipt and approval of the invoices, the State Water Board agrees to compensate Grantee for actual allowable and appropriate expenditures incurred in accordance with the rates specified herein, which is attached hereto and made a part of this Agreement.
2. Personnel hourly rates shall not exceed those indicated in the budget without an approved amendment.
3. Invoices shall include the Agreement Number and shall be submitted once each quarter in arrears (October, January, April, and the final by September 30, 20162017) to: ▇▇▇▇▇ ▇▇▇▇▇▇, Program Analyst State Water Resources Control Board Division of Financial Assistance ▇▇▇▇ ▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
4. One (1) approved copy of the invoice or payment request will be forwarded to the State Water Boards’ Accounting Operations Section by the Program Analyst. Invoices shall be paid within forty five (45) calendar days. Payment of any invoice will be made only after receipt of a complete, adequately supported, properly documented and accurately addressed invoice or payment request. Failure to use the address exactly as provided above may result in return of the invoice or payment request to Grantee. Payment shall be deemed complete upon deposit of the payment, properly addressed, postage prepaid, in the United States mail. All invoices must be approved by the Grant Manager.
5. Grantee shall use the invoice template provided by the State Water Board. The invoice shall include the following information:
a. Printed name of Grantee;
b. Business address of Grantee, including P.O. Box City, State, and Zip Code;
c. The number of the Agreement upon which the claim is based;
d. An itemized account of the services for which the State Water Board is being billed;
e. Grantee Invoice number;
f. The time period covered by the Invoice, i.e., the term “from” and “to”;
g. ▇▇▇▇▇▇▇’s submittal date;
h. The method of computing the amount due. On cost reimbursable Agreements, invoices must be itemized based on the categories specified in the Budget. The amount claimed for salaries/wages/consultant fees must also be explained; i.e., hours or days worked times the hourly or daily rate equals (=) the total amount claimed;
i. The total amount due; the total amount due shall include all costs incurred by the Grantee under the terms of this Agreement during the time period covered by the invoice;
j. Any Purchase Order(s) and Property Inventory In-Put Document(s) related to equipment purchased during the invoice period.
k. Original signature and date (in ink) of Grantee or its authorized representative.
6. LIMITATION OF STATE LIABILITY • The maximum amount payable under this Agreement shall not exceed ONE MILLION, FIFTY SIX THOUSAND NINE HUNDRED FIFTY FIVE DOLLARS ($1,056,955.00). • Reimbursement shall be made for allowable expenses up to the amount encumbered. • Grantee shall be limited to reimbursement of costs actually incurred in administration of the LOP, provided the total reimbursement shall not exceed two hundred twenty-seventhirty three dollars ($227233) per hour multiplied by the total hours of site-specific oversight work performed. The two hundred twenty-seventhirty three dollars ($227233)) maximum is based on a cumulative average of all current-year invoices submitted to date. (Per 25297.1(i)(4)(C) determined in April 2011 @ Department of Finance website ▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/HTML/FS_DATA/LatestEconData/documents/BBDEFL05.xls). and CA Dept. of Finance, National Deflator, FY Averages from 1948 updated May 13, 2016. • Grantee shall not be reimbursed for any site activities for which local fees have been levied to cover Grantee expenses, e.g., oversight of the removal or in-place closure of the UST. • Grantee shall not be reimbursed for overtime charges except with the prior written approval of the Grant Manager.
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