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Grantee <br />BSCC xxx-26 <br />Page x of x <br />EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS <br />Rev 04/2020 <br />C. Grantee is responsible for ensuring that invoices submitted to the BSCC claim actual expenditures <br />for eligible project costs. <br />D. Grantee shall, upon demand, remit to the BSCC any grant funds not expended for eligible project <br />costs or an amount equal to any grant funds expended by the Grantee in violation of the terms, <br />provisions, conditions or commitments of this Grant Agreement. <br />E. Grant funds must be used to support new program activities or to augment existing funds that <br />expand current program activities. Grant funds shall not replace (supplant) any federal, state <br />and/or local funds that have been appropriated for the same purpose. Violations can result in <br />recoupment of monies provided under this grantor suspension of future program funding through <br />BSCC grants. <br />5. PROMPT PAYMENT CLAUSE <br />Payment will be made in accordance with, and within the time specified in, Government Code Chapter <br />4.5, commencing with Section 927. <br />6. WITHHOLDING OF GRANT DISBURSEMENTS <br />A. The BSCC may withhold all or any portion of the grant funds provided by this Grant Agreement in <br />the event the Grantee has materially and substantially breached the terms and conditions of this <br />Grant Agreement. <br />B. At such time as the balance of state funds allocated to the Grantee reaches five percent (5%), <br />the BSCC may withhold that amount as security, to be released to the Grantee upon compliance <br />with all grant provisions, including: <br />1) submittal and approval of the final invoice; <br />2) submittal and approval of the final progress report; and <br />3) submittal and approval of any additional required reports, including but not limited to the Final <br />Local Evaluation Report and the program-specific compliance audit. <br />C. The BSCC will not reimburse Grantee for costs identified as ineligible for grant funding. If grant <br />funds have been provided for costs subsequently deemed ineligible, the BSCC may either <br />withhold an equal amount from future payments to the Grantee or require repayment of an equal <br />amount to the State by the Grantee. <br />D. In the event that grant funds are withheld from the Grantee, the BSCC’s Executive Director or <br />designee shall notify the Grantee of the reasons for withholding and advise the Grantee of the <br />time within which the Grantee may remedy the failure or violation leading to the withholding. <br />7. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS <br />On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding <br />Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” <br />refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as <br />well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts <br />with, and to refrain from entering any new contracts with, individuals or entities that are determined <br />to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target <br />of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, <br />that shall be grounds for termination of this agreement. The State shall provide Contractor advance <br />written notice of such termination, allowing Contractor at least 30 calendar days to provide a written <br />response. Termination shall be at the sole discretion of the State. <br /> SAMPLE7.C. - Page 89 of 101 <br />148