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Attachment 5 <br />a. Reimbursement for air transportation shall be for actual cost or coach class air fare, whichever is less. <br />b. Reimbursement for ground transportation costs shall not exceed the actual cost of renting an <br />intermediate-sized vehicle. <br />c. Unless prior written approval of the HOPA is obtained, reimbursement for subsistence allowance <br />(i.e., hotel and meals, etc.) shall not exceed the applicable daily authorized rates for inter-island or <br />out-of--state travel that are set forth in the current Governor's Executive Order authorizing adjustments <br />in salaries and benefits for state officers and employees in the executive branch who are excluded <br />from collective bargaining coverage. <br />17. Payment Procedures: Final Payment; Tax Clearance. <br />a. Original invoices required. All payments under this Contract shall be made only upon submission by <br />the CONTRACTOR of original invoices specifying the amount due and certifying that services <br />requested under the Contract have been performed by the CONTRACTOR according to the Contract. <br />b. Subject to available funds. Such payments are subject to availability of funds and allotment by the <br />Director of Finance in accordance with chapter 37, HRS. Further, all payments shall be made in <br />accordance with and subject to chapter 40, HRS. <br />c. Promut payment. <br />(1) Any money, other than retainage, paid to the CONTRACTOR shall be disbursed to <br />subcontractors within ten (] 0) days after receipt of the money in accordance with the <br />terms of the subcontract; provided that the subcontractor has met all the terms and <br />conditions of the subcontract and there are no bona fide disputes; and <br />(2) Upon final payment to the CONTRACTOR, full payment to the subcontractor, <br />including retainage, shall be made within ten (10) days after receipt of the money; <br />provided that there are no bona fide disputes over the subcontractor's performance <br />under the subcontract. <br />d. Final payment. Final payment under this Contract shall be subject to sections ] 03-53 and ] 03D-328, <br />HRS, which require a tax clearance from the Director of Taxation, State of Hawaii, and the Internal <br />Revenue Service, U.S. Department of Treasury, showing that all delinquent taxes, if any, levied or <br />accrued under state law and the Intema] Revenue Code of 1986, as amended, against the <br />CONTRACTOR have been paid. Further, in accordance with section 3-122-112, HAR, <br />CONTRACTOR shall provide a certificate affirming that the CONTRACTOR has remained in <br />compliance with all applicable laws as required by this section. <br />18. Federal Funds. Ifthis Contract is payable in whole or in part from federal funds, CONTRACTOR agrees that, <br />as to the portion of the compensation under this Contract to be payable from federal funds, the <br />CONTRACTOR shall be paid only from such funds received from the federal government, and shall not be <br />paid from any other funds. Failure of the STATE to receive anticipated federal funds shall not be considered <br />a breach by the STATE or an excuse for nonperformance by the CONTRACTOR. <br />19. Modifications of Contract. <br />a. In writine. Any modification, alteration, amendment, change, or extension of any term, provision, or <br />condition of this Contract permitted by this Contract shall be made by written amendment to this <br />Contract, signed by the CONTRACTOR and the STATE, provided that change orders shall be made <br />in accordance with paragraph 20 herein. <br />b. No oral modification. No oral modification, alteration, amendment, change, or extension ofany term, <br />provision, or condition of this Contract shall be permitted. <br />AG-008 Rev. 6/25/2007 <br />