Compensation and Payment. a. The Department shall reimburse the Recipient for costs incurred to perform services described in the Project Description and Responsibilities in Exhibit “A”, and as set forth in the Schedule of Financial Assistance in Exhibit “B”. b. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties. c. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received and approved by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department. d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements. e. Travel expenses are not compensable under this Agreement. f. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department’s Comptroller under Section 334.044(29), Florida Statutes. g. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costs.
Appears in 20 contracts
Samples: Grant Agreement, State Funded Grant Agreement, Grant Agreement
Compensation and Payment. a. The Department shall reimburse the Recipient for costs incurred to perform services described in the Project Description and Responsibilities in Exhibit “A”, and as set forth in the Schedule of Financial Assistance in Exhibit “B”.
b. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties.
c. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received and approved by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “Attachment F”, Contract Payment Requirements.
e. Travel expenses are not compensable under this Agreement.
f. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department’s Comptroller under Section 334.044(29), Florida Statutes.
g. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costs.
Appears in 7 contracts
Samples: Grant Agreement, Grant Agreement, Grant Agreement
Compensation and Payment. a. The Department shall reimburse the Recipient for costs incurred to perform services described in the Project Description and Responsibilities in Exhibit “A”, and as set forth in the Schedule of Financial Assistance in Exhibit “B”.
b. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties.
c. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received and approved by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements.
e. Travel expenses are not compensable under this Agreement.
f. A. Payment shall be made only after receipt and approval of deliverables goods and costs incurred services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or Statutes. Deliverable(s) must be received and accepted in writing by the Contract Manager on the Department’s Comptroller under invoice transmittal forms prior to payment. If the Department determines that the performance of the Vendor is unsatisfactory, the Department shall notify the Vendor of the deficiency to be corrected, which correction shall be made within a time-frame to be specified by the Department. The Vendor shall, within five days after notice from the Department, provide the Department with a corrective action plan describing how the Vendor will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non- compliance. If the corrective action plan is unacceptable to the Department, the Vendor shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to the invoice for the then-current billing period. The retainage shall be withheld until the vendor resolves the deficiency. If the deficiency is subsequently resolved, the Vendor may bill the Department for the retained amount during the next billing period. If the Vendor is unable to resolve the deficiency, the funds retained may be forfeited at the end of the agreement period.
B. If this Agreement involves units of deliverables, then such units must be received and accepted in writing by the Contract Manager prior to payments.
C. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof.
D. The bills for any travel expenses, when authorized by terms of this Agreement and by the Department's Project Manager, shall be submitted in accordance with Section 334.044(29112.061, Florida Statutes, and the Department's Disbursement Handbook - For Employees and Managers.
X. Xxxxxxx providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services, unless otherwise specified herein. The Department has twenty (20) days to deliver a request for payment (voucher) to the Department of Financial Services. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved.
F. If a payment is not available within forty (40) days, a separate interest penalty as established pursuant to Section 215.422, Florida Statutes, shall be due and payable, in addition to the invoice amount, to the Vendor. Interest penalties of less than one (1) dollar shall not be enforced unless the Vendor requests payment. Invoices which have to be returned to a Vendor because of Vendor preparation errors shall result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department.
G. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system. Pursuant to Section 287.057(22), Florida Statutes, all payments shall be assessed a transaction fee of one percent (1%), which the Vendor shall pay to the State. For payments within the State accounting system (FLAIR or its successor), the transaction fee shall, when possible, be automatically deducted from payments to the Vendor. If automatic deduction is not possible, the Vendor shall pay the transaction fee pursuant to Rule 60A-1.031 (2), Florida Administrative Code. By submission of these reports and corresponding payments, Vendor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. The Vendor shall receive a credit for any transaction fee paid by the Vendor for the purchase of any item(s) if such item(s) are returned to the Vendor through no fault, act, or omission of the Vendor. Notwithstanding the foregoing, a transaction fee is non-refundable when an item is rejected or returned, or declined, due to the Vendor's failure to perform or comply with specifications or requirements of the Agreement. Failure to comply with these requirements shall constitute grounds for declaring the Vendor in default and recovering reprocurement costs from the Vendor in addition to all outstanding fees. VENDORS DELINQUENT IN PAYING TRANSACTION FEES MAY BE EXCLUDED FROM CONDUCTING FUTURE BUSINESS WITH THE STATE.
g. H. A vendor ombudsman has been established within the Department of Financial Services. The Recipient shall maintain duties of this individual include acting as an accounting system or separate accounts to ensure funds and projects are tracked separatelyadvocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (000) 000-0000.
I. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five three (3) years after final payment for the work pursuant to this Agreement is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred shall include the RecipientVendor's general accounting records and the project records, together with supporting documents and records, records of the contractor Vendor and all subcontractors performing work on the project, and all other records of the contractor Vendor and subcontractors considered necessary by the Department for a proper audit of project costs.
J. The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature.
Appears in 5 contracts
Samples: Standard Written Agreement, Standard Written Agreement, Standard Written Agreement
Compensation and Payment. a. The Department shall reimburse the Recipient for costs incurred to perform services described in the Project Description and Responsibilities in Exhibit “A”, and as set forth in the Schedule of Financial Assistance in Exhibit “B”.
b. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties.
c. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received and approved by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “Attachment F”, Contract Payment Requirements.
e. Travel expenses are not compensable under this Agreement.
f. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department’s Comptroller under Section 334.044(29), Florida Statutes.. STATE-FUNDED GRANT AGREEMENT
g. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costs.
Appears in 2 contracts
Samples: State Funded Grant Agreement, State Funded Grant Agreement
Compensation and Payment. a. The Department shall reimburse the Recipient for costs incurred to perform services described in the Project Description and Responsibilities in Exhibit “A”, and as set forth in the Schedule of Financial Assistance in Exhibit “B”.
b. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties.
c. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received and approved by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department.
d. If Recipient is considered a rural community or rural area of opportunity, as these terms are defined by Section 288.0656(2), Florida Statutes, Recipient may submit payment requests for eligible performance completed/costs incurred under this Agreement pursuant to Exhibit “H”, Alternative Advance Payment Financial Provisions.
e. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements.
e. f. Travel expenses are not compensable under this Agreement.
f. g. Payment shall only be made only after receipt and approval of deliverables and costs incurred unless the payment is made under Exhibit “H” or advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department’s Comptroller under Section 334.044(29), Florida Statutes. If the Department determines that the performance of the Recipient is unsatisfactory, the Department shall notify the Recipient of the deficiency to be corrected, which correction shall be made within a time-frame to be specified by the Department. The Recipient shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Recipient will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Department, the Recipient will not be reimbursed or paid under Exhibit “H”, to the extent of the non- performance. The Recipient will not be reimbursed or paid until the Recipient resolves the deficiency. If the deficiency is subsequently resolved, the Recipient may bill the Department for any unpaid performance completed by the Recipient during the next billing period or as provided by Exhibit “H”, Alternative Advance Payment Financial Provisions. If the Recipient is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement’s term. Recipients receiving financial assistance from the Department should be aware of the following time frames. Inspection and approval of deliverables and costs incurred shall take no longer than 20 days from the Department’s receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the deliverables and costs incurred are received, inspected, and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Recipient. Interest penalties of less than one (1) dollar will not be enforced unless the Recipient requests payment. Invoices that have to be returned to a Recipient because of Recipient preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Recipient who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (000) 000-0000.
g. h. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costs.
Appears in 2 contracts
Samples: Grant Agreement, Grant Agreement
Compensation and Payment. a. The Department A. As compensation for the satisfactory performance of the services required by this Agreement, ACTA shall pay and reimburse Consultant at the Recipient for costs incurred to perform services described in the Project Description and Responsibilities in Exhibit “A”, and as rates set forth in the Schedule of Financial Assistance in Exhibit “B”.B.
b. B. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties.
c. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received and approved by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements.
e. Travel expenses are not compensable maximum amount payable under this Agreement, including reimbursable expenses (see Exhibit B), shall be Two Hundred Ten Thousand Dollars ($210,000).
f. Payment C. Consultant shall submit invoices in duplicate to ACTA monthly following the effective date of this Agreement for services performed during the preceding month. Each such invoice shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized signed by the Chief Financial Officer Consultant and shall include the following certification: "I certify under penalty of perjury that the State of Florida under Chapters 215 above invoice is true and 216just, Florida Statutes or the Department’s Comptroller under Section 334.044(29), Florida Statutes.
g. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under in accordance with the terms of Agreement No. C0871, that payment of this Agreement invoice has not been received and that none of the items contained in the invoice have been submitted to any other agency. (Consultant's Signature)
D. All invoices shall be maintained approved by ACTA's CEO or his designee prior to payment. All invoices due and made available upon request payable and found to be in order shall be paid as soon as, in the Department at all times ordinary course of ACTA business, the same may be approved, audited and processed.
E. Invoices shall include the Agreement number, Contract Task Order number if applicable, employee name, title/classification, hourly rates (if applicable), hours worked, current charges and cumulative charges. Subconsultant invoices, if any, shall be in a similar format. Consultant shall submit appropriate supporting documents with each invoice, including a Monthly Activity Report for the services provided during the period of this Agreement prior month pursuant to 1) the fixed monthly fee and for five years after final payment is made2) Contract Task Orders issued during the reporting month, if any. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with Additional supporting documents may include provider invoices, payrolls, and recordstime sheets. ACTA may require, of the contractor and Consultant shall provide, all subcontractors performing work documents reasonably required to determine whether amounts on the projectinvoice are allowable expenses under this Agreement. All invoices are subject to audit. Consultant is not required to submit support for direct costs items of $25 or less. Further, and all other records of where the contractor and subcontractors considered necessary by Consultant employs Subconsultants under this Agreement, the Department for Consultant shall submit to ACTA, with each monthly invoice, a proper audit of costsMonthly Subconsultant Monitoring Report Form (Exhibit C) listing SBENSBE/MBE/WBE/DVBE/OBE amounts. Invoices will not be paid without a completed Monthly Subconsultant Monitoring Report Form.
Appears in 2 contracts
Samples: Consulting Agreement, Consulting Agreement
Compensation and Payment. a. 5.1 The Construction Manager will be reimbursed for hours worked at the hourly rates specified in the Construction Manager’s Cost Proposal, (See Exhibit C). The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this agreement. In addition, the Construction Manager will be reimbursed for direct costs, other than salary costs, as shown in the Cost Proposal or as approved by the Contract Manager.
5.2 Construction Manager shall be responsible for any future adjustments to prevailing wage rates including but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. The Construction Manager is responsible for paying the appropriate rate, including escalations that take place during the term of the Preconstruction Services Contract.
5.3 A mistake, inadvertence, or neglect by the Construction Manager in failing to pay the correct rates of prevailing wage will be remedied solely by the Construction Manager and will not, under any circumstances, be considered as the basis of a claim against the Department on the Preconstruction Services Contract.
5.4 Transportation and subsistence costs to be reimbursed shall be the actual costs incurred, but not to exceed the rates stipulated in the Department of Transportation “Caltrans Travel Guide, Consultant/Contractors Travel Policy.” See xxxx://xxx.xxx.xx.xxx/hq/asc/travel/ch12.htm
5.5 To determine allowable incurred Subcontractor costs that are eligible for reimbursement, in addition to reimbursement for actual costs that are incurred, the Department will allow Subcontractor costs that are treated by the Construction Manager as accrued due to such costs having been billed to the Construction Manager and recognized by the Construction Manager and the Department as valid, undisputed, due and payable. By submitting accrued but unpaid Subcontractor costs for reimbursement, the Construction Manager agrees that within ten (10) days of receipt of reimbursement, the full amount submitted as a reimbursable accrued Subcontractor cost shall be paid to the Subcontractor.
5.6 The Construction Manager shall not commence performance nor will payment be made for any work performed prior to approval of this Preconstruction Services Contract by State and written notification to proceed has been issued by the Department’s Contract Manager, nor will any payment be made for work performed after the expiration date of this Preconstruction Services Contract. The Construction Manager will be reimbursed monthly in arrears for services satisfactorily rendered and approved by the Department’s Contract Manager, as promptly as fiscal procedures will permit upon receipt by the Department’s Contract Manager of itemized invoices.
5.7 Invoices shall be submitted showing the Work Breakdown Structure (WBS) level element for each billable hour increment and/or detail of work performed on each milestone, on each project as applicable. Invoicing shall include, but are not limited to, the Work Breakdown Structure (WBS) elements listed in Exhibit B for defined/related services and products. Incomplete invoices shall be returned unpaid to the Construction Manager for correction. The Department shall reimburse not pay disputed portions of invoices.
5.8 When prevailing wage rates apply, the Recipient Construction Manager must submit with each invoice a certified copy of the payroll for costs incurred to perform services described in compliance verification. Invoice payment will not be made until the Project Description payroll has been verified and Responsibilities in Exhibit “A”the invoice approved by the Contract Manager.
5.9 The sample invoice format can be found at xxxx://xxxxxxxx-xxxx.xx.xxx/aeinfo.htm. Invoices shall reference this Preconstruction Services Contract number, project title, and as set forth in the Schedule of Financial Assistance in Exhibit “B”.
b. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverablesTask Order number. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties.
c. Invoices shall be submitted no more often later than monthly and no less than quarterly 45 calendar days after completion of each billing period. Any credit, as provided under this Preconstruction Services Contract, due the Department must be reimbursed by the Recipient Construction Manager prior to the expiration or termination of this Preconstruction Services Contract. Invoices shall be mailed to the Department’s Consultant Services Unit at the following address: CALIFORNIA DEPARTMENT OF TRANSPORTATION Attn: Xx Xxxx D-4 Consultant Services Unit, MS 7B 000 Xxxxx Xxxxxx Xxxxxxx, XX 00000
5.10 The final project invoice shall state the final cost and all credits due the Department. The final invoice should be submitted within 60 calendar days after completion of the services.
5.11 Payment will be made in detail sufficient for accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.
a. The total amount payable by the Department, resulting from this Preconstruction Services Contract, shall not exceed $1,750,000.00. It is understood and agreed that this total is an estimate, and that the actual amount of work requested by the Department may be less. There is no guarantee, either expressed or implied, as to the actual dollar amount that will be authorized under this Preconstruction Services Contract. In no event shall Scope of Work exceed this maximum.
b. Exhibit C, Cost Proposal, is subject to a proper pre-post award audit. After any post award audit and post-auditrecommendations are received, based on Exhibit C shall be adjusted by the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received Construction Manager and approved by the Department prior Contract Manager to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable conform to the Departmentaudit recommendations. The Recipient shall use Construction Manager agrees that individual items of cost identified in the format for audit report may be incorporated into the invoice and progress report that is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Preconstruction Services Contract Payment Requirements.
e. Travel expenses are not compensable under this Agreement.
f. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or at the Department’s Comptroller under Section 334.044(29), Florida Statutessole discretion. Refusal by the Construction Manager to incorporate the interim audit or post award recommendations will be considered a breach of the Preconstruction Services Contract terms and cause for termination of the Preconstruction Services Contract.
g. The Recipient c. Construction Manager, in consultation with Department, shall maintain submit an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and hourly budget for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, each of the contractor and all subcontractors performing work on the projectactivities listed in Exhibit B, and all other records Scope of the contractor and subcontractors considered necessary by the Work for Department for a proper audit of costsapproval.
Appears in 2 contracts
Samples: Preconstruction Services Contract, Preconstruction Services Contract
Compensation and Payment. a. The Department shall reimburse the Recipient for costs incurred to perform services described in the Project Description and Responsibilities in Exhibit “A”, and as set forth in the Schedule of Financial Assistance in Exhibit “B”.
b. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project, identified as Financial Project Number , and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed written approval in advance by both partiesthe Department.
c. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received and approved accepted in writing by the Department Department’s Project Manager prior to reimbursements. The Department will identify the Department’s Project Manager to the Recipient in writing. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, H– Contract Payment Requirements.
e. Travel expenses are not compensable under this Agreement.
f. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department’s Comptroller under Section 334.044(29), Florida Statutes.s.
g. The Recipient shall maintain an accounting system or separate accounts to ensure funds Recipients providing goods and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request services to the Department at all times during should be aware of the period following time frames. Inspection and approval of this Agreement and goods or services shall take no longer than 20 days from the Department’s receipt of the invoice. The Department has 20 days to deliver a request for five years after final payment is made. Copies of these documents and records shall be furnished (voucher) to the Department upon requestof Financial Services. Records of costs incurred include The 20 days are measured from the Recipient's general accounting records and the project records, together with supporting documents and records, latter of the contractor and all subcontractors performing work on date the projectinvoice is received or the goods or services are received, inspected, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costsapproved.
Appears in 2 contracts
Samples: Grant Agreement, Grant Agreement
Compensation and Payment. a. The Department shall reimburse University agrees to pay Contractor for the Recipient for costs incurred to perform services described Professional Services referenced above in accordance with the Project Description rates and Responsibilities in Exhibit “A”, and as provisions set forth below: With proper documentation provided by the Contractor, the University shall also reimburse Contractor, or pay directly, all University-authorized travel, lodging and food expenses (with the exception of alcoholic beverages), as deemed reasonable by the University in accordance with University travel policy, not to exceed $ over the Schedule term of Financial Assistance this Agreement. First class airline tickets may not be purchased under University policy. University agrees to reimburse Contractor in Exhibit “B”accordance with the rates currently established and approved for Iowa State University (xxxx://xxx.xxxxxxxxxx.xxxxxxx.xxx/travelinformation/allowableexpenses.htm) (Lower maximum rates may be established by the University Project Manager or Principal Investigator.
b. The Recipient shall provide quantifiable, measurable, ) University will only reimburse Contractor for related travel and verifiable units temporary living expenses upon receipt of deliverablesa list of itemized allowable expenses. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties.
c. Invoices Expense reimbursement requests shall be submitted within 60 days of the date incurred. University will not reimburse Contractor for dry cleaning, laundry, valet expenses, and charges for entertainment expenses. Contractor agrees to be responsible for all travel and temporary living expenses incurred by Contractor personnel, which exceed rates consistent with the University travel policy or any lower maximums established by the Project Manager or Principal Investigator. Payment will be made in one of two ways. Contractor may either submit a final xxxx upon completion of the task(s) defined above or submit a xxxx at stated intervals for work completed at time of billing, no more often frequently than monthly. At its discretion, the University may hold monthly payments until sufficient value has been received, from its perspective, before releasing one or more monthly payments. All bills must include the compensation rate and no less the number of hour or days of service if other than quarterly by fixed fee. The University reserves the Recipient in detail sufficient for a proper pre-audit and post-audit, based on right to withhold ten percent (10%) from each payment until the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”University agrees the project has been completed to its satisfaction. Deliverables and costs incurred must be received and approved by Please send invoices referencing the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable assigned purchase order number to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements.
e. Travel expenses are not compensable under this Agreement.
f. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department’s Comptroller under Section 334.044(29), Florida Statutes.
g. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costs.following address:
Appears in 2 contracts
Samples: Professional Services, Professional Services
Compensation and Payment. a. 5.1 The Construction Manager will be reimbursed for hours worked at the hourly rates specified in the Construction Manager’s Cost Proposal, (See Exhibit C). The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this agreement. In addition, the Construction Manager will be reimbursed for direct costs, other than salary costs, as shown in the Cost Proposal or as approved by the Contract Manager.
5.2 Construction Manager shall be responsible for any future adjustments to prevailing wage rates including but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. The Construction Manager is responsible for paying the appropriate rate, including escalations that take place during the term of the Preconstruction Services Contract.
5.3 A mistake, inadvertence, or neglect by the Construction Manager in failing to pay the correct rates of prevailing wage will be remedied solely by the Construction Manager and will not, under any circumstances, be considered as the basis of a claim against the Department on the Preconstruction Services Contract.
5.4 Transportation and subsistence costs to be reimbursed shall be the actual costs incurred, but not to exceed the rates stipulated in the Department of Transportation “Caltrans Travel Guide, Consultant/Contractors Travel Policy.” See xxxx://xxx.xxx.xx.xxx/hq/asc/travel/ch12.htm
5.5 To determine allowable incurred Subcontractor costs that are eligible for reimbursement, in addition to reimbursement for actual costs that are incurred, the Department will allow Subcontractor costs that are treated by the Construction Manager as accrued due to such costs having been billed to the Construction Manager and recognized by the Construction Manager and the Department as valid, undisputed, due and payable. By submitting accrued but unpaid Subcontractor costs for reimbursement, the Construction Manager agrees that within ten (10) days of receipt of reimbursement, the full amount submitted as a reimbursable accrued Subcontractor cost shall be paid to the Subcontractor.
5.6 The Construction Manager shall not commence performance nor will payment be made for any work performed prior to approval of this Preconstruction Services Contract by State and written notification to proceed has been issued by the Department’s Contract Manager, nor will any payment be made for work performed after the expiration date of this Preconstruction Services Contract. The Construction Manager will be reimbursed monthly in arrears for services satisfactorily rendered and approved by the Department’s Contract Manager, as promptly as fiscal procedures will permit upon receipt by the Department’s Contract Manager of itemized invoices.
5.7 Invoices shall be submitted showing the Work Breakdown Structure (WBS) level element for each billable hour increment and/or detail of work performed on each milestone, on each project as applicable. Invoicing shall include, but are not limited to, the Work Breakdown Structure (WBS) elements listed in Exhibit B for defined/related services and products. Incomplete invoices shall be returned unpaid to the Construction Manager for correction. The Department shall reimburse not pay disputed portions of invoices.
5.8 When prevailing wage rates apply, the Recipient Construction Manager must submit with each invoice a certified copy of the payroll for costs incurred to perform services described in compliance verification. Invoice payment will not be made until the Project Description payroll has been verified and Responsibilities in Exhibit “A”the invoice approved by the Contract Manager.
5.9 The sample invoice format can be found at xxxx://xxxxxxxx-xxxx.xx.xxx/aeinfo.htm. Invoices shall reference this Preconstruction Services Contract number, project title, and as set forth in the Schedule of Financial Assistance in Exhibit “B”.
b. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverablesTask Order number. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties.
c. Invoices shall be submitted no more often later than monthly and no less than quarterly 45 calendar days after completion of each billing period. Any credit, as provided under this Preconstruction Services Contract, due the Department must be reimbursed by the Recipient Construction Manager prior to the expiration or termination of this Preconstruction Services Contract. Invoices shall be mailed to the Department’s Consultant Services Unit at the following address: CALIFORNIA DEPARTMENT OF TRANSPORTATION Xxxxx Xxxxxx Consultant Services Unit 000 X. Xxxxxx Xxxxxx, XX 000, Xxx Xxxxxxxxxx, XX 00000
5.10 The final project invoice shall state the final cost and all credits due the Department. The final invoice should be submitted within 60 calendar days after completion of the services.
5.11 Payment will be made in detail sufficient for accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.
a. The total amount payable by the Department, resulting from this Preconstruction Services Contract, shall not exceed $1,800,000.00. It is understood and agreed that this total is an estimate, and that the actual amount of work requested by the Department may be less. There is no guarantee, either expressed or implied, as to the actual dollar amount that will be authorized under this Preconstruction Services Contract. In no event shall Scope of Work exceed this maximum.
b. Exhibit C, Cost Proposal, is subject to a proper pre-post award audit. After any post award audit and post-auditrecommendations are received, based on Exhibit C shall be adjusted by the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received Construction Manager and approved by the Department prior Contract Manager to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable conform to the Departmentaudit recommendations. The Recipient shall use Construction Manager agrees that individual items of cost identified in the format for audit report may be incorporated into the invoice and progress report that is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Preconstruction Services Contract Payment Requirements.
e. Travel expenses are not compensable under this Agreement.
f. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or at the Department’s Comptroller under Section 334.044(29), Florida Statutessole discretion. Refusal by the Construction Manager to incorporate the interim audit or post award recommendations will be considered a breach of the Preconstruction Services Contract terms and cause for termination of the Preconstruction Services Contract.
g. The Recipient c. Construction Manager, in consultation with Department, shall maintain submit an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and hourly budget for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, each of the contractor and all subcontractors performing work on the projectactivities listed in Exhibit B, and all other records Scope of the contractor and subcontractors considered necessary by the Work for Department for a proper audit of costsapproval.
Appears in 2 contracts
Samples: Preconstruction Services Contract, Preconstruction Services Contract
Compensation and Payment. a. The Department Consultant's compensation and payment for the Consulting Services shall reimburse the Recipient for costs incurred to perform services described in the Project Description and Responsibilities in Exhibit “A”, and as be set forth in an applicable SOW, attached hereto and incorporated herein by reference. The SOW for each engagement will specify the Schedule of Financial Assistance in Exhibit “B”applicable fee basis.
b. (a) SOWs for engagements on a fixed fee basis will set forth the fixed amount payable for Consultant's performance of the Consulting Services described therein as well as the schedule of payments for such Consulting Services. The Recipient fixed fee shall provide quantifiableinclude profit and, measurableexcept as may be otherwise agreed and set forth specifically in the applicable SOW, all direct and indirect costs in connection with performance of the Consulting Services. Unless otherwise provided in the applicable SOW, FPL will not be responsible to reimburse Consultant for direct expenses described in Section 3(b) below.
(b) SOWs for engagements on a time and expenses basis will include Consultant's hourly rate. Consultant's hourly rates include profit and all direct and indirect costs except reimbursable expenses and an indirect expenses fee specified in this Section 3(b). Consultant shall complete the Consulting Services and shall invoice FPL for the actual person hours expended to perform the Consulting Services multiplied by the applicable hourly rate plus reimbursable expenses directly related to the Consulting Services up to the amount of any “not-to-exceed” amount, if any, contained in the SOW. FPL shall reimburse Consultant for reasonable expenses incurred by Consultant in performance of the Consulting Services at direct, actual cost or Consultant's standard rates, as applicable. Actual costs are amounts actually disbursed, excluding overheads and any other xxxx-ups. Upon request, Consultant shall demonstrate to FPL that such expenses are necessary for the performance of the Consulting Services or that FPL specifically authorized such expenses. Such expenses are: Consultant FPL
(i) Moderate and reasonable travel and living expenses, including transportation, lodging, meals, and verifiable units other similar expenses required in the performance of deliverablesthe Consulting Services at actual cost. Each deliverable must specify Consultant shall utilize economy class airfares when available. Consultant shall obtain prior approval from FPL if such airfares are not available, before utilizing higher-cost air fares. In no event shall Consultant be reimbursed for first or business class air fares unless Consultant has obtained prior written approval. Consultant shall, to the required minimum level of service maximum extent available, utilize hotels offering corporate rates to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurableFPL, and verifiable units make use of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both partiessuch rates.
c. Invoices (ii) Long-distance telephone and other such expenses at actual cost.
(iii) Reproduction and computer services costs at Consultant's direct, actual costs where supplied by outside sources, or at Consultant's standard rates where supplied by Consultant. Standard rate schedules shall be submitted to the designated FPL representative prior to incurring such costs upon request.
(iv) Other expenses at direct, actual cost which have been incurred following submission of a written request justifying the need for such expenses and receipt of FPL's written authorization to incur such expense, provided, however, that no more often than such authorization will be required with respect to an individual expense that does not exceed $25 or is authorized in the applicable SOW.
(c) Except as otherwise specified in the applicable SOW, Consultant shall submit a monthly invoice, as applicable, for the fixed fee payments in accordance with Section 3(a) or the amounts payable for time and no less than quarterly expense in accordance with Section 3(b).
(i) For Consulting Services performed on a fixed fee basis and unless otherwise provided by the Recipient in detail sufficient applicable SOW, each invoice for compensation on a proper pre-audit fixed fee basis shall include the following detail: (i) title identifying the project; (ii) the total amount of current invoice; and post-audit, based (iii) the total amount previously invoiced that is outstanding.
(ii) For Consulting Services performed on the quantifiable, measurable a time and verifiable deliverables as established in Exhibit “A”. Deliverables expense basis and costs incurred must be received and approved unless otherwise provided by the Department prior to reimbursements. Requests applicable SOW, each invoice for reimbursement by the Recipient compensation on a time and expenses basis shall include the following details: (i) title identifying the project; (ii) total amount of fees for each project, including total hours of consulting time; (iii) if requested by FPL with respect to a specific project, reasonable additional detail including actual staff involved, time spent by each staff member, and hourly rates per staff member; (iv) itemization of all reimbursable expenses over $25; and (vi) total amount of current invoice. Consultant shall submit invoices for costs as soon as practical, but in no event later than sixty (60) calendar days following the later of (i) the end of the month during which the invoiced costs were incurred or (ii) the end of the month in which Consultant received an invoice for costs reimbursable by FPL. Invoices for Consulting Services, in which Consultant's compensation is on a time and expenses basis, will contain sufficient detail to verify invoiced amounts. Failure to invoice costs in a timely manner as described in this paragraph may, at FPL's sole discretion, result in the disallowance of such costs. Upon FPL's request, Consultant shall provide supporting documentation reasonably acceptable to FPL. Invoices shall separately identify the constituent labor charges and reimbursable expenses.
(d) Consultant will invoice for fees and expenses on a monthly basis. Accounts are delinquent if not paid within forty-five (45) days of receipt of an undisputed invoice. In the event of a disputed invoice, Consultant shall re-invoice FPL, and upon FPL receipt of the re-invoice containing the undisputed amount, FPL shall pay such amount to Consultant within forty-five (45) days. In the case of a dispute, FPL shall notify Consultant as to the reasons for the dispute with the notice described above and meet with Consultant to attempt to resolve the dispute between the Parties before alternative dispute resolution or any other action is taken. Consultant FPL
(e) Payment of the fees for the Consulting Services performed may be by annual retainer or other basis as specified in the applicable SOW. Consultant shall track the actual provision of Consulting Services by monitoring the number of hours worked by Consultant, as well as other charges, all in the manner set forth in this Section 3 of the Agreement. Consultant will provide a review and analysis of the actual provision of Consulting Services on a monthly basis (or other less frequent basis as specified in the applicable SOW), and will use these reviews as part of the basis for any adjustment of the retainer. If the actual charges for fees and expenses, calculated in accordance with this Section 3 of this Agreement, exceed the balance of the retainer, Consultant will submit an invoice, progress report which will be due and supporting documentation for the period of services being billed that are acceptable to the Departmentpayable in accordance with Section 3(d), above. The Recipient Consultant shall use the format for the invoice and progress report that is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted notify FPL in writing by the Recipient and must also establish prior to performing Consulting Services that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment RequirementsConsultant knows will exceed any such retainer.
e. Travel expenses are not compensable under this Agreement.
f. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department’s Comptroller under Section 334.044(29), Florida Statutes.
g. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costs.
Appears in 2 contracts
Samples: Consulting Agreement (Florida Power & Light Co), Consulting Agreement (Nextera Energy Inc)
Compensation and Payment. a. 5.1 The Construction Manager will be reimbursed for hours worked at the hourly rates specified in the Construction Manager’s Cost Proposal, (See Exhibit C). The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this agreement. In addition, the Construction Manager will be reimbursed for direct costs, other than salary costs, as shown in the Cost Proposal or as approved by the Contract Manager.
5.2 Construction Manager shall be responsible for any future adjustments to prevailing wage rates including but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. The Construction Manager is responsible for paying the appropriate rate, including escalations that take place during the term of the Preconstruction Services Contract.
5.3 A mistake, inadvertence, or neglect by the Construction Manager in failing to pay the correct rates of prevailing wage will be remedied solely by the Construction Manager and will not, under any circumstances, be considered as the basis of a claim against the Department on the Preconstruction Services Contract.
5.4 Transportation and subsistence costs to be reimbursed shall be the actual costs incurred, but not to exceed the rates stipulated in the Department of Transportation “Caltrans Travel Guide, Consultant/Contractors Travel Policy.” See xxxx://xxx.xxx.xx.xxx/hq/asc/travel/ch12.htm
5.5 To determine allowable incurred Subcontractor costs that are eligible for reimbursement, in addition to reimbursement for actual costs that are incurred, the Department will allow Subcontractor costs that are treated by the Construction Manager as accrued due to such costs having been billed to the Construction Manager and recognized by the Construction Manager and the Department as valid, undisputed, due and payable. By submitting accrued but unpaid Subcontractor costs for reimbursement, the Construction Manager agrees that within ten (10) days of receipt of reimbursement, the full amount submitted as a reimbursable accrued Subcontractor cost shall be paid to the Subcontractor.
5.6 The Construction Manager shall not commence performance nor will payment be made for any work performed prior to approval of this Preconstruction Services Contract by State and written notification to proceed has been issued by the Department’s Contract Manager, nor will any payment be made for work performed after the expiration date of this Preconstruction Services Contract. The Construction Manager will be reimbursed monthly in arrears for services satisfactorily rendered and approved by the Department’s Contract Manager, as promptly as fiscal procedures will permit upon receipt by the Department’s Contract Manager of itemized invoices.
5.7 Invoices shall be submitted showing the Work Breakdown Structure (WBS) level element for each billable hour increment and/or detail of work performed on each milestone, on each project as applicable. Invoicing shall include, but are not limited to, the Work Breakdown Structure (WBS) elements listed in Exhibit B for defined/related services and products. Incomplete invoices shall be returned unpaid to the Construction Manager for correction. The Department shall reimburse not pay disputed portions of invoices.
5.8 When prevailing wage rates apply, the Recipient Construction Manager must submit with each invoice a certified copy of the payroll for costs incurred to perform services described in compliance verification. Invoice payment will not be made until the Project Description payroll has been verified and Responsibilities in Exhibit “A”the invoice approved by the Contract Manager.
5.9 The sample invoice format can be found at xxxx://xxxxxxxx-xxxx.xx.xxx/aeinfo.htm. Invoices shall reference this Preconstruction Services Contract number, project title, and as set forth in the Schedule of Financial Assistance in Exhibit “B”.
b. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverablesTask Order number. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties.
c. Invoices shall be submitted no more often later than monthly and no less than quarterly 45 calendar days after completion of each billing period. Any credit, as provided under this Preconstruction Services Contract, due the Department must be reimbursed by the Recipient Construction Manager prior to the expiration or termination of this Preconstruction Services Contract. Invoices shall be mailed to the Department’s Consultant Services Unit at the following address: CALIFORNIA DEPARTMENT OF TRANSPORTATION Xxxxx Xxxxxx Consultant Services Unit 000 X. Xxxxxx Xxxxxx, XX 645, Xxx Xxxxxxxxxx, XX 00000
5.10 The final project invoice shall state the final cost and all credits due the Department. The final invoice should be submitted within 60 calendar days after completion of the services.
5.11 Payment will be made in detail sufficient for accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.
a. The total amount payable by the Department, resulting from this Preconstruction Services Contract, shall not exceed $600,000.00. It is understood and agreed that this total is an estimate, and that the actual amount of work requested by the Department may be less. There is no guarantee, either expressed or implied, as to the actual dollar amount that will be authorized under this Preconstruction Services Contract. In no event shall Scope of Work exceed this maximum.
b. Exhibit C, Cost Proposal, is subject to a proper pre-post award audit. After any post award audit and post-auditrecommendations are received, based on Exhibit C shall be adjusted by the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received Construction Manager and approved by the Department prior Contract Manager to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable conform to the Departmentaudit recommendations. The Recipient shall use Construction Manager agrees that individual items of cost identified in the format for audit report may be incorporated into the invoice and progress report that is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Preconstruction Services Contract Payment Requirements.
e. Travel expenses are not compensable under this Agreement.
f. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or at the Department’s Comptroller under Section 334.044(29), Florida Statutessole discretion. Refusal by the Construction Manager to incorporate the interim audit or post award recommendations will be considered a breach of the Preconstruction Services Contract terms and cause for termination of the Preconstruction Services Contract.
g. The Recipient c. Construction Manager, in consultation with Department, shall maintain submit an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and hourly budget for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, each of the contractor and all subcontractors performing work on the projectactivities listed in Exhibit B, and all other records Scope of the contractor and subcontractors considered necessary by the Work for Department for a proper audit of costsapproval.
Appears in 2 contracts
Samples: Preconstruction Services Contract, Preconstruction Services Contract
Compensation and Payment. a. The Department Consultant shall reimburse be compensated on the Recipient basis of hours worked and expenses incurred by its employees at the rates shown in the attached Consultant's Fee Schedule, Exhibit "B". The Consultant shall receive no other payment for materials or disbursements unless expressly allowed by the Task Order. The Consultant shall not adjust the wage rates in Exhibit "B" without written authorization from the Port.
3.1 Consultant shall supply Port with a monthly invoice and written documentation, satisfactory to Port, for all amounts due under this Agreement, including but not limited to project budget status and a narrative progress description of services rendered that is acceptable in form to the Port. All invoices submitted by Consultant to Port shall reference any applicable billing codes provided by Port to Consultant. Any applicable taxes shall be listed as separate line items on each Consultant invoice. All invoices and documentation may be reviewed and audited by Port and payment may be subject to review or audit. Subject to the preceding, payments shall be due net thirty (30) days of receipt of such invoice by Port. In no event shall the Port be charged interest on payments due under this Agreement. If required by Port, Consultant shall provide periodic forecasts of its total fees and costs incurred to perform services described date. With regard to time and materials Task Orders, only the reimbursable expenses specifically listed in the Project Description and Responsibilities in attached Exhibit “A”, and as set forth in the Schedule of Financial Assistance in Exhibit “"B”.
b. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to " will be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties.
c. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received and approved by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements.
e. Travel payable expenses are not compensable under this Agreement.
f. Payment 3.2 If a Task Order specifies that the work is to be performed on a fixed fee basis, the Consultant shall be made only after receipt paid the amount of the fixed fee as consideration for full and approval satisfactory performance of deliverables the work regardless of the Consultant’s cost to perform the work. The Port shall have sole authority for determining when all work has been satisfactorily performed by the Consultant. The Consultant’s payment for the work shall not exceed the specific amount unless authorized in writing by the Port, as provided herein. The fixed fee amount comprises all of the Consultant’s payment for the work and includes without limitation all costs incurred of salaries, overhead, non- salary expenses (including, but not limited to, travel, reproductions, telephone, supplies, and fees of outside consultants), as well as the Consultant's profits. The Consultant’s payment for the work shall not exceed the specified amount unless advance payments are first authorized by the Chief Financial Officer Port.
3.3 The Consultant shall obtain the prior written approval of the State Port for any charges for additional services by the Consultant, the additional services of Florida under Chapters 215 and 216others retained by Consultant, Florida Statutes or the Department’s Comptroller under Section 334.044(29)furnishing of additional supplies, Florida Statutes.
g. materials or equipment. The Recipient Consultant shall maintain an accounting system or separate accounts not be entitled to ensure funds and projects are tracked separately. Records of costs compensation for any such additional charges incurred under the terms in violation of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costsparagraph.
Appears in 2 contracts
Samples: Agreement for Personal Services, Agreement for Personal Services
Compensation and Payment. a. The Department Consultant shall reimburse be compensated on the Recipient basis of hours worked and expenses incurred by its employees at the rates shown in the attached Consultant's Fee Schedule, Exhibit B. The Consultant shall receive no other payment for materials or disbursements unless expressly allowed by the Task Order. The Consultant shall not adjust the wage rates in Exhibit B without written authorization from the PUD.
3.1 Consultant shall supply the PUD with a monthly invoice and written documentation, satisfactory to the PUD, for all amounts due under this Agreement, including, but not limited to, project budget status and a narrative progress description of Services rendered that is acceptable in form to the PUD. All invoices submitted by the Consultant to the PUD shall reference any applicable billing codes provided by the PUD to the Consultant. Any applicable taxes shall be listed as separate line items on each Consultant invoice. All invoices and documentation may be reviewed and audited by the PUD, and payment may be subject to review or audit. Subject to the preceding, payments shall be due net thirty (30) days of receipt of such invoice by the PUD. In no event shall the PUD be charged finance charges (interest, late fees, etc.) on payments due under this Agreement. If required by the PUD, the Consultant shall provide periodic forecasts of its total fees and costs incurred to perform services described date. With regard to time and materials’ Task Orders, only the reimbursable expenses specifically listed in the Project Description and Responsibilities in attached Exhibit “A”, and as set forth in the Schedule of Financial Assistance in Exhibit “B”.
b. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to B will be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties.
c. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received and approved by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements.
e. Travel payable expenses are not compensable under this Agreement.
f. Payment 3.2 If a Task Order specifies that the Work is to be performed on a fixed fee basis, the Consultant shall be made only after receipt paid the amount of the fixed fee as consideration for full and approval satisfactory performance of deliverables the Work regardless of the Consultant’s cost to perform the Work. The PUD shall have sole authority for determining when all Work has been satisfactorily performed by the Consultant; provided, however, that such determination is reasonable. The Consultant’s payment for the Work shall not exceed the specific amount unless authorized in writing by the PUD, as provided herein. For a fixed fee Task Order, the fixed fee amount comprises all of the Consultant’s payment for the Work, including, without limitation, all costs of salaries, overhead, non-salary expenses (including, but not limited to, travel, reproductions, telephone, supplies, and costs incurred fees of outside consultants), as well as the Consultant’s profits. The Consultant’s payment for the Work shall not exceed the specified amount unless advance payments are first authorized by the Chief Financial Officer PUD.
3.3 The Consultant shall obtain the prior written approval of the State PUD for any charges for additional services by the Consultant, the additional services of Florida under Chapters 215 and 216others retained by Consultant, Florida Statutes or the Department’s Comptroller under Section 334.044(29)furnishing of additional supplies, Florida Statutes.
g. materials, or equipment. The Recipient Consultant shall maintain an accounting system or separate accounts not be entitled to ensure funds and projects are tracked separately. Records of costs compensation for any such additional charges incurred under the terms in violation of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costsSection.
Appears in 1 contract
Samples: Professional Services
Compensation and Payment. a. The Department A. As compensation for the satisfactory performance of the services required by this Agreement, ACTA shall pay and reimburse Consultant at the Recipient for costs incurred to perform services described in the Project Description and Responsibilities in Exhibit “A”, and as rates set forth in the Schedule of Financial Assistance in Exhibit “B”.B.
b. B. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties.
c. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received and approved by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements.
e. Travel expenses are not compensable maximum amount payable under this Agreement, including reimbursable expenses (see Exhibit B), shall be One Hundred Twenty-Five Thousand Dollars ($125,000).
f. Payment C. Consultant shall submit invoices in duplicate to ACTA monthly following the effective date of this Agreement for services performed during the preceding month. Each such invoice shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized signed by the Chief Financial Officer Consultant and shall include the following certification: "I certify under penalty of perjury that the State of Florida under Chapters 215 above invoice is true and 216just, Florida Statutes or the Department’s Comptroller under Section 334.044(29), Florida Statutes.
g. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under in accordance with the terms of Agreement No. C0888, that payment of this Agreement invoice has not been received and that none of the items contained in the invoice have been submitted to any other agency. (Consultant's Signature)
D. All invoices shall be maintained approved by ACTA's CEO or his or her designee prior to payment. All invoices due and made available upon request payable and found to be in order shall be paid as soon as, in the ordinary course of ACTA business, the same may be approved, audited and processed. Invoices shall include the Agreement number, employee name, title/classification, hourly rate, hours worked, current charges and cumulative charges. Subconsultant invoices shall be in a similar format. Consultant shall submit appropriate supporting documents with each invoice. Such documents may include provider invoices, payrolls, and time sheets. ACTA may require, and Consultant shall provide, all documents reasonably required to determine whether amounts on the invoice are allowable expenses under this Agreement. All invoices are subject to audit. Consultant is not required to submit support for direct costs items of $25 or less. Further, where the Consultant employs Subconsultants under this Agreement, the Consultant shall submit to ACTA, with each monthly invoice, a Monthly Subconsultant Monitoring Report Form (Exhibit C) listing SBENSBE/MBENVBE/DVBE/OBE amounts. Where applicable, Consultant shall provide an explanation for any item that does not meet or exceed the anticipated participation levels for this Agreement, with specific plans and recommendations for improved Subconsultant utilization. Invoices will not be paid without a completed Monthly Subconsultant Monitoring Report Form.
E. For payment and processing, all invoices should be mailed to the following address: Accounts Payable Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project recordsAlameda Corridor Transportation Authority 0000 Xxxxxx Xxxxxxx Way, together with supporting documents and recordsSuite 200 Long Beach, of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costs.California 90806
Appears in 1 contract
Samples: Consulting Agreement
Compensation and Payment. a. The Department shall reimburse the Recipient MPO for costs incurred to perform services described satisfactorily during a monthly or quarterly period in the Project Description and Responsibilities in accordance with Scope of Work, Exhibit “A”. Reimbursement is limited to the maximum amount authorized by the Department. The MPO shall submit a request for reimbursement to the Department on a quarterly or monthly basis. Requests for reimbursement by the MPO shall include an invoice, an itemized expenditure report, and as set forth in progress report for the Schedule period of Financial Assistance in Exhibit “B”.
b. services being billed that are acceptable to the Department. The Recipient MPO shall use the format for the invoice, itemized expenditure report and progress report that is approved by the Department. The MPO shall provide any other data required by FHWA or the Department to justify and support the payment requested. Pursuant to Section 287.058, Florida Statutes, the MPO shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties.
c. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient MPO in detail sufficient for a proper pre-audit and post-audit, audit based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received and accepted in writing by the Department’s Grant Manager prior to payments. The Department will honor requests for reimbursement to the MPO for eligible costs in the amount of FHWA funds approved for reimbursement in the UPWP and made available by FHWA. The Department may suspend or terminate payment for that portion of the Project which FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal-aid. In regard to eligible costs, whichever requirement is more strict between federal and State of Florida requirements shall control. Any determination by the Department prior made pursuant to reimbursements. Requests for reimbursement by this section of the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable Agreement is subject to the Departmentconflict and dispute resolution process set forth in Section 15 of this Agreement. The Recipient shall use the format for the invoice and progress report that is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient MPO and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in the UPWP, Exhibit “A” has been ”, was met. All costs invoiced charged to the Project, including any approved services contributed by the MPO or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described the charges. Bills for travel expenses specifically authorized in Exhibit “F”, Contract Payment Requirements.
e. this Agreement shall be documented on the Department’s Contractor Travel Form No. 000-000-00 or on a form that was previously submitted to the Department’s Comptroller and approved by the Department of Financial Services. Bills for travel expenses are not compensable under specifically authorized in this Agreement.
f. Agreement will be paid in accordance with Section 112.061 Florida Statutes. Payment shall be made only after receipt and approval of deliverables goods and costs incurred services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes Statutes. If the Department determines that the performance of the MPO fails to meet minimum performance levels, the Department shall notify the MPO of the deficiency to be corrected, which correction shall be made within a time-frame to be specified by the Department. The MPO shall, within sixty (60) days after notice from the Department, provide the Department with a corrective action plan describing how the MPO will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Department, the MPO shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to the invoice for the then-current billing period. The retainage shall be withheld until the MPO resolves the deficiency. If the deficiency is subsequently resolved, the MPO may xxxx the Department for the retained amount during the next billing period. If the MPO is unable to resolve the deficiency, the funds retained may be forfeited at the end of the Agreement’s term. An invoice submitted to the Department involving the expenditure of metropolitan planning funds (“PL funds”) is required by Federal law to be reviewed by the Department and issued a payment by the Department of Financial Services within 15 business days of receipt by the Department for review. If the invoice is not complete or lacks information necessary for processing, it will be returned to the MPO, and the 15 business day timeframe for processing will start over upon receipt of the resubmitted invoice by the Department. If there is a case of a bona fide dispute, the invoice recorded in the financial system of the Department shall contain a statement of the dispute and authorize payment only in the amount not disputed. If an item is disputed and is not paid, a separate invoice could be submitted requesting reimbursement or the Department’s Comptroller under Section 334.044(29), Florida Statutes.
g. The Recipient shall maintain an accounting system or separate accounts disputed item/amount could be included/added to ensure funds and projects are tracked separatelya subsequent invoice. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the RecipientMPO's general accounting records and the project records, together with supporting documents and records, of the contractor consultant and all subcontractors subconsultants performing work on the project, and all other records of the contractor Consultants and subcontractors subconsultants considered necessary by the Department for a proper audit of costs. The MPO must timely submit invoices and documents necessary for the close out of the Project. Within 90 days of the expiration or termination of the grant of FHWA funds for the UPWP, the MPO shall submit the final invoice and all financial, performance, and related reports consistent with 2 CFR §200. The Department’s performance and obligation to pay under this Agreement is also contingent upon FHWA making funds available and approving the expenditure of such funds. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year."
Appears in 1 contract
Compensation and Payment. a. 5.1 The Construction Manager will be reimbursed for hours worked at the hourly rates specified in the Construction Manager’s Cost Proposal, (See Exhibit C). The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this agreement. In addition, the Construction Manager will be reimbursed for direct costs, other than salary costs, as shown in the Cost Proposal or as approved by the Contract Manager.
5.2 Construction Manager shall be responsible for any future adjustments to prevailing wage rates including but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. The Construction Manager is responsible for paying the appropriate rate, including escalations that take place during the term of the Preconstruction Services Contract.
5.3 A mistake, inadvertence, or neglect by the Construction Manager in failing to pay the correct rates of prevailing wage will be remedied solely by the Construction Manager and will not, under any circumstances, be considered as the basis of a claim against the Department on the Preconstruction Services Contract.
5.4 Transportation and subsistence costs to be reimbursed shall be the actual costs incurred, but not to exceed the rates stipulated in the Department of Transportation “Caltrans Travel Guide, Consultant/Contractors Travel Policy.”
5.5 To determine allowable incurred Subcontractor costs that are eligible for reimbursement, in addition to reimbursement for actual costs that are incurred, the Department will allow Subcontractor costs that are treated by the Construction Manager as accrued due to such costs having been billed to the Construction Manager and recognized by the Construction Manager and the Department as valid, undisputed, due and payable. By submitting accrued but unpaid Subcontractor costs for reimbursement, the Construction Manager agrees that within ten (10) days of receipt of reimbursement, the full amount submitted as a reimbursable accrued Subcontractor cost shall be paid to the Subcontractor.
5.6 The Construction Manager shall not commence performance nor will payment be made for any work performed prior to approval of this Preconstruction Services Contract by State and written notification to proceed has been issued by the Department’s Contract Manager, nor will any payment be made for work performed after the expiration date of this Preconstruction Services Contract. The Construction Manager will be reimbursed monthly in arrears for services satisfactorily rendered and approved by the Department’s Contract Manager, as promptly as fiscal procedures will permit upon receipt by the Department’s Contract Manager of itemized invoices.
5.7 Invoices shall be submitted showing the Work Breakdown Structure (WBS) level element for each billable hour increment and/or detail of work performed on each milestone, on each project as applicable. Invoicing shall include, but are not limited to, the Work Breakdown Structure (WBS) elements listed in Exhibit B for defined/related services and products. Incomplete invoices shall be returned unpaid to the Construction Manager for correction. The Department shall reimburse not pay disputed portions of invoices.
5.8 When prevailing wage rates apply, the Recipient Construction Manager must submit with each invoice a certified copy of the payroll for costs incurred to perform services described in compliance verification. Invoice payment will not be made until the Project Description payroll has been verified and Responsibilities in Exhibit “A”the invoice approved by the Contract Manager.
5.9 The sample invoice format can be found at xxxx://xxxxxxxx-xxxx.xx.xxx/aeinfo.htm. Invoices shall reference this Preconstruction Services Contract number, project title, and as set forth in the Schedule of Financial Assistance in Exhibit “B”.
b. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverablesTask Order number. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties.
c. Invoices shall be submitted no more often later than monthly and no less than quarterly 45 calendar days after completion of each billing period. Any credit, as provided under this Preconstruction Services Contract, due the Department must be reimbursed by the Recipient Construction Manager prior to the expiration or termination of this Preconstruction Services Contract. Invoices shall be mailed to the Department’s Contract Manager at the following address: CALIFORNIA DEPARTMENT OF TRANSPORTATION Xxxx Xxxxx District 3 – Project/Program Management 000 X Xxxxxx Xxxxxxxxxx, XX 00000
5.10 The final project invoice shall state the final cost and all credits due the Department. The final invoice should be submitted within 60 calendar days after completion of the services.
5.11 Payment will be made in detail sufficient for accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.
a. The total amount payable by the Department, resulting from this Preconstruction Services Contract, shall not exceed $1,000,000.00. It is understood and agreed that this total is an estimate, and that the actual amount of work requested by the Department may be less. There is no guarantee, either expressed or implied, as to the actual dollar amount that will be authorized under this Preconstruction Services Contract. In no event shall Scope of Work exceed this maximum.
b. Exhibit C, Cost Proposal, is subject to a proper pre-post award audit. After any post award audit and post-auditrecommendations are received, based on Exhibit C shall be adjusted by the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received Construction Manager and approved by the Department prior Contract Manager to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable conform to the Departmentaudit recommendations. The Recipient shall use Construction Manager agrees that individual items of cost identified in the format for audit report may be incorporated into the invoice and progress report that is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Preconstruction Services Contract Payment Requirements.
e. Travel expenses are not compensable under this Agreement.
f. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or at the Department’s Comptroller under Section 334.044(29), Florida Statutessole discretion. Refusal by the Construction Manager to incorporate the interim audit or post award recommendations will be considered a breach of the Preconstruction Services Contract terms and cause for termination of the Preconstruction Services Contract.
g. The Recipient c. Construction Manager, in consultation with Department, shall maintain submit an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and hourly budget for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, each of the contractor and all subcontractors performing work on the projectactivities listed in Exhibit B, and all other records Scope of the contractor and subcontractors considered necessary by the Work for Department for a proper audit of costsapproval.
Appears in 1 contract
Samples: Preconstruction Services Contract
Compensation and Payment. a. The Department shall reimburse the Recipient for costs incurred to perform services described in the Project Description and Responsibilities in Exhibit “A”, and as set forth in the Schedule of Financial Assistance in Exhibit “B”.
b. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project, identified as Financial Project Number 439934-4-54-01, and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed written approval in advance by both partiesthe Department.
c. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable measurable, and verifiable deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received and approved accepted in writing by the Department Department’s Project Manager prior to reimbursements. The Department will identify the Department’s Project Manager to the Recipient in writing. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts contracts, or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, H– Contract Payment Requirements.
e. Travel expenses are not compensable under this Agreement.
f. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department’s Comptroller under Section 334.044(29), Florida Statutes.s.
g. The Recipient shall maintain an accounting system or separate accounts to ensure funds Recipients providing goods and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request services to the Department at all times during should be aware of the period following time frames. Inspection and approval of this Agreement and goods or services shall take no longer than 20 days from the Department’s receipt of the invoice. The Department has 20 days to deliver a request for five years after final payment is made. Copies of these documents and records shall be furnished (voucher) to the Department upon requestof Financial Services. Records of costs incurred include The 20 days are measured from the Recipient's general accounting records and the project records, together with supporting documents and records, latter of the contractor and all subcontractors performing work on date the projectinvoice is received or the goods or services are received, inspected, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costsapproved.
Appears in 1 contract
Samples: Grant Agreement
Compensation and Payment. a. The Department shall reimburse In consideration of its performance of the Recipient for costs incurred to perform services described in Work, the Project Description and Responsibilities in Exhibit “A”, and as set forth in the Schedule of Financial Assistance in Exhibit “B”.
b. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties.
c. Invoices Consultant shall be submitted no more often than monthly and no less than quarterly by the Recipient in detail sufficient for paid a proper pre-audit and post-audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received and approved by the Department prior sum not to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, exceed $Enter Contract Payment Requirements.
e. Travel expenses are not compensable under this Agreement.
f. Amount.. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by in accordance with the Chief Financial Officer following:
a) IF PROGRESS PAYMENTS ON FIXED SUMS PER TASK OR RATES: The Consultant shall provide an itemized invoice based on the task and/or rates set forth in Exhibit E. The Consultant shall submit to County monthly invoices of the State progress made and expenses incurred during the previous calendar month. Such invoices shall segregate the charges for work done by task and date, and shall describe the Work performed, the time incurred by each person performing work, and expenses incurred. Upon request, Consultant shall provide County with such other supporting information as County may request.
b) IF SINGLE PAYMENT: Payment will be made within thirty days following completion of Florida under Chapters 215 the Work and 216Consultant’s invoicing.
c) IF REIMBURSABLE COSTS: Reimbursable costs shall be billed monthly. For the purposes of this Agreement, Florida Statutes the term “reimbursable costs” shall include only actual out-of-pocket expenses incurred by Consultant and his consultants in connection with the Work, except travel will be reimbursable by mileage rates provided in Exhibit E. Reimbursable costs shall not include telephone or the Department’s Comptroller under Section 334.044(29postal charges. Reimbursable costs will include printing (sufficient copies as directed by County), Florida Statutesfax and photo-reproduction costs at rates provided in Exhibit E. (Exhibit E notwithstanding, the cost of Consultant’s subcontractors shall be reimbursed at only 100% of cost.)
g. d) The Recipient Consultant shall maintain an accounting system or separate comprehensive, complete and accurate records and accounts of its performance relating to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement for a period of three (3) years following final payment hereunder, which period shall be maintained extended at County’s reasonable request. County shall have the right within such period to inspect such books, records and made available documents upon request to demand, with reasonable notice and at a reasonable time, for the Department at all times during purpose of determining, in accordance with acceptable accounting and auditing standards, compliance with the period requirements of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costslaw.
Appears in 1 contract
Samples: Professional Services
Compensation and Payment. a. 3.1 The Department shall reimburse the Recipient for costs incurred to perform services described in the Project Description and Responsibilities in Exhibit “A”, and as set forth in the Schedule of Financial Assistance in Exhibit “B”.
b. The Recipient CITY shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service services to be performed and the criteria for evaluating successful completion. The PROJECT, identified as Project Number 451498 1 58 01, and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, A”- Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties.
c. 3.2 Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient CITY in detail sufficient for a proper pre-pre- audit and post-post audit, based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit “A”A – Project Description and Responsibilities. Deliverables and costs incurred must be received and approved accepted in writing by the Department DEPARTMENT’S Project Manager prior to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Departmentpayments.
d. 3.3 Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient CITY and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been – Project Description and Responsibilities was met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts contracts, or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, D” – Contract Payment Requirements.
e. Travel 3.4 There shall be no reimbursement for travel expenses are not compensable under this Agreement.
f. 3.5 Payment shall be made only after receipt and approval of deliverables goods and costs incurred services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes F.S. or the DepartmentDEPARTMENT’s Comptroller under Section 334.044(29334.044 (29), Florida Statutes.
g. The Recipient . If the DEPARTMENT determines that the performance of the CITY is unsatisfactory, the DEPARTMENT shall maintain an accounting system or separate accounts notify the CITY of the deficiency to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement be corrected, which correction shall be maintained made within a timeframe to be specified by the DEPARTMENT. The CITY shall, within five days after notice from the DEPARTMENT, provide the DEPARTMENT with a corrective action plan describing how the CITY will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract noncompliance. If the corrective action plan is unacceptable to the DEPARTMENT, the CITY shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to the invoice for the then-current billing period. The retainage shall be withheld until the CITY resolves the deficiency. If the deficiency is subsequently resolved, the CITY may bill the DEPARTMENT for the retained amount during the next billing period. If the CITY is unable to resolve the deficiency, the funds retained will be forfeited at the end of the Agreement’s term. A party providing goods and made available upon services to the DEPARTMENT should be aware of the following time frames. Inspection and approval of goods or services shall take no longer than 5 working days unless the bid specifications, purchase order, or contract specifies otherwise. The DEPARTMENT has 20 days to deliver a request for payment (voucher) to the Department at all times during of Financial Services. The 20 days are measured from the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, latter of the contractor and all subcontractors performing work on date the projectinvoice is received or the goods or services are received, inspected, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costsapproved.
Appears in 1 contract
Samples: Joint Participation Agreement
Compensation and Payment. a. The Department shall reimburse CONSULTANT shal be paid a sum not to exceed $ DOLLAR AMOUNT for professional services and related expenses rendered under this contract (hereinafter, “CONTRACT AMOUNT”). The CONSULTANT’s expenses are to include support for professional services, including but not limited to reasonable and necessary actual expenses (as approved by the Recipient COMMISSION) incurred by the CONSULTANT for costs incurred to perform services described in the Project Description and Responsibilities in Exhibit “A”travel, lodging, meals, telephone, express mail delivery, computer charges, and as copying costs. All such expenses shal be subject to the provisions of the Consultant Bil ing Requirements for Reimbursement/Non- Reimbursement of Consultant Contract Charges set forth in Exhibit A, attached hereto and incorporated herein by reference. Maximum reimbursement amounts for daily meals for the Schedule CONSULTANT shal be a per diem of Financial Assistance $50.00 per full work day. For partial work days, each consultant must use the per meal reimbursement rates as fol ows: Breakfast $ 7.50 Lunch $12.50 Dinner $30.00 To receive payment for services rendered hereunder, on a monthly basis the CONSULTANT shall submit to the COMMISSION monthly invoices for STAFF’S review and examination; provided however that prior to each monthly payment, the CONSULTANT must be in Exhibit “B”.
b. The Recipient compliance with so much of this AGREEMENT as is applicable at the time. Prior to final payment the CONSULTANT shall provide quantifiablehave completed all obligations under this AGREEMENT. Invoices shal be submitted based on actual time and reasonable, measurablenecessary, and verifiable units maximum al owable expenses expended on the contract work, with labor rates for the CONSULTANT’S personnel as shown below and in accordance with bil ing instructions contained in the COMMISSION’S Guidelines for Consultant Billing of deliverablesDirect Reimbursable Charges to Contracts to be issued to the CONSULTANT by the Utilities Division’s Business Analyst once this contract is executed as shown below. Each deliverable must specify NAME AND TITLE HOURLY RATE $ / hour $ / hour $ / hour $ / hour Additional y, the COMMISSION and the CONSULTANT further agree that the contract amount shal be subject to modification by agreement between the parties hereto to accommodate changes in workload required minimum of the CONSULTANT due to subsequent changes in the scope and level of service to be performed and the criteria for evaluating successful completion. The Project and CONSULTANT’S responsibilities not otherwise properly compensated by the quantifiable, measurable, and verifiable units of deliverables are described more fully amount originally stated in Exhibit “A”, Project Description and Responsibilitiesthis AGREEMENT. Any changes such modification shal be agreed to the deliverables shall require an amendment executed by both parties.
c. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received and approved by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient COMMISSION and must also establish the CONSULTANT. In the event modification of this AGREEMENT shal not be mutual y agreed to by the CONSULTANT and the COMMISSION, the COMMISSION shal be the final arbiter of such modification. Additional y, the COMMISSION and the CONSULTANT further agree that, if a work plan submitted by the CONSULTANT is utilized under this contract in order to provide general consulting assistance on a project or matter, the amount stated in a work plan approved by the STAFF shal be a “not to exceed” amount unless it is subject to modification by agreement between the parties hereto to accommodate changes in the workload required of the CONSULTANT due to subsequent changes in the scope and level of the CONSULTANT’S responsibilities not otherwise properly compensated by the amount originally stated in the work plan. Any such modification shal be agreed to in writing by the COMMISSION and the CONSULTANT. In the event the CONSULTANT and the COMMISSION shal not mutually agree to modification of a work plan compensation amount, the COMMISSION shal be the final arbiter of such modification. Notwithstanding any other provision in this AGREEMENT, in the event that the required minimum standards appropriations from the Georgia General Assembly no longer exist or level of service to be performed based on in the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements.
e. Travel expenses are not compensable under this Agreement.
f. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer event that obligations of the State COMMISSION incurred at any time exceed the balance of Florida under Chapters 215 and 216remaining unobligated funds, Florida Statutes or the Department’s Comptroller under Section 334.044(29), Florida Statutes.
g. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of then this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, AGREEMENT shal terminate without further obligation of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costsCOMMISSION.
Appears in 1 contract
Samples: Consulting Agreement
Compensation and Payment. a. The Department shall reimburse CONSULTANT shal be paid a sum not to exceed $ DOLLAR AMOUNT for professional services and related expenses rendered under this contract (hereinafter, “CONTRACT AMOUNT”). The CONSULTANT’s expenses are to include support for professional services, including but not limited to reasonable and necessary actual expenses (as approved by the Recipient COMMISSION) incurred by the CONSULTANT for costs incurred to perform services described in the Project Description and Responsibilities in Exhibit “A”travel, lodging, meals, telephone, express mail delivery, computer charges, and as copying costs. Al such expenses shal be subject to the provisions of the Consultant Bil ing Requirements for Reimbursement/Non- Reimbursement of Consultant Contract Charges set forth in Exhibit A, attached hereto and incorporated herein by reference. Maximum reimbursement amounts for daily meals for the Schedule CONSULTANT shal be a per diem of Financial Assistance $50.00 per ful work day. For partial work days, each consultant must use the per meal reimbursement rates as fol ows: Breakfast $ 7.50 Lunch $12.50 Dinner $30.00 To receive payment for services rendered hereunder, on a monthly basis the CONSULTANT shall submit to the COMMISSION monthly invoices for STAFF’S review and examination; provided however that prior to each monthly payment, the CONSULTANT must be in Exhibit “B”.
b. The Recipient compliance with so much of this AGREEMENT as is applicable at the time. Prior to final payment the CONSULTANT shall provide quantifiablehave completed al obligations under this AGREEMENT. Invoices shal be submitted based on actual time and reasonable, measurablenecessary, and verifiable units maximum al owable expenses expended on the contract work, with labor rates for the CONSULTANT’S personnel as shown below and in accordance with bil ing instructions contained in the COMMISSION’S Guidelines for Consultant Billing of deliverablesDirect Reimbursable Charges to Contracts to be issued to the CONSULTANT by the Utilities Division’s Business Analyst once this contract is executed as shown below. Each deliverable must specify NAME AND TITLE HOURLY RATE $ / hour $ / hour $ / hour $ / hour Additional y, the COMMISSION and the CONSULTANT further agree that the contract amount shal be subject tomodification by agreement between the parties hereto toaccommodate changes in workload required minimum ofthe CONSULTANT due to subsequent changes in the scope and level of service to be performed and the criteria for evaluating successful completion. The Project and CONSULTANT’S responsibilities not otherwise properly compensated by the quantifiable, measurable, and verifiable units of deliverables are described more fully amount originally stated in Exhibit “A”, Project Description and Responsibilitiesthis AGREEMENT. Any changes such modification shal be agreed to the deliverables shall require an amendment executed by both parties.
c. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received and approved by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient COMMISSION and must also establish the CONSULTANT. In the event modification of this AGREEMENT shal not be mutual y agreed to by the CONSULTANT and the COMMISSION, the COMMISSION shal be the final arbiter of such modification. Additional y, the COMMISSION and the CONSULTANT further agree that, if a work plan submitted by the CONSULTANT is utilized under this contract in order to provide general consulting assistance on a project or matter, the amount stated in a work plan approved by the STAFF shal be a “not to exceed” amount unless it is subject to modification by agreement between the parties hereto to accommodate changes in the workload required of the CONSULTANT due to subsequent changes in the scope and level ofthe CONSULTANT’S responsibilities not otherwise properly compensated by the amount originally stated in the work plan. Any such modification shal be agreed to in writing by the COMMISSION and the CONSULTANT. In the event the CONSULTANT and the COMMISSION shal not mutually agree to modification of a work plan compensation amount, the COMMISSION shal be the final arbiter of such modification. Notwithstanding any other provision in this AGREEMENT, in the event that the required minimum standards appropriations from the Georgia General Assembly no longer exist or level of service to be performed based on in the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements.
e. Travel expenses are not compensable under this Agreement.
f. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer event that obligations of the State COMMISSION incurred at any time exceed the balance of Florida under Chapters 215 and 216remaining unobligated funds, Florida Statutes or the Department’s Comptroller under Section 334.044(29), Florida Statutes.
g. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of then this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, AGREEMENT shal terminate without further obligation of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costsCOMMISSION.
Appears in 1 contract
Samples: Consulting Agreement
Compensation and Payment. a. 5.1 The Construction Manager will be reimbursed for hours worked at the hourly rates specified in the Construction Manager’s Cost Proposal, (See Exhibit C). The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this agreement. In addition, the Construction Manager will be reimbursed for direct costs, other than salary costs, as shown in the Cost Proposal or as approved by the Contract Manager.
5.2 Construction Manager shall be responsible for any future adjustments to prevailing wage rates including but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. The Construction Manager is responsible for paying the appropriate rate, including escalations that take place during the term of the Preconstruction Services Contract.
5.3 A mistake, inadvertence, or neglect by the Construction Manager in failing to pay the correct rates of prevailing wage will be remedied solely by the Construction Manager and will not, under any circumstances, be considered as the basis of a claim against the Department on the Preconstruction Services Contract.
5.4 Transportation and subsistence costs to be reimbursed shall be the actual costs incurred, but not to exceed the rates stipulated in the Department of Transportation “Caltrans Travel Guide, Consultant/Contractors Travel Policy.” See xxxx://xxx.xxx.xx.xxx/hq/asc/travel/ch12.htm
5.5 To determine allowable incurred Subcontractor costs that are eligible for reimbursement, in addition to reimbursement for actual costs that are incurred, the Department will allow Subcontractor costs that are treated by the Construction Manager as accrued due to such costs having been billed to the Construction Manager and recognized by the Construction Manager and the Department as valid, undisputed, due and payable. By submitting accrued but unpaid Subcontractor costs for reimbursement, the Construction Manager agrees that within ten (10) days of receipt of reimbursement, the full amount submitted as a reimbursable accrued Subcontractor cost shall be paid to the Subcontractor.
5.6 The Construction Manager shall not commence performance nor will payment be made for any work performed prior to approval of this Preconstruction Services Contract by State and written notification to proceed has been issued by the Department’s Contract Manager, nor will any payment be made for work performed after the expiration date of this Preconstruction Services Contract. The Construction Manager will be reimbursed monthly in arrears for services satisfactorily rendered and approved by the Department’s Contract Manager, as promptly as fiscal procedures will permit upon receipt by the Department’s Contract Manager of itemized invoices.
5.7 Invoices shall be submitted showing the Work Breakdown Structure (WBS) level element for each billable hour increment and/or detail of work performed on each milestone, on each project as applicable. Invoicing shall include, but are not limited to, the Work Breakdown Structure (WBS) elements listed in Exhibit B for defined/related services and products. Incomplete invoices shall be returned unpaid to the Construction Manager for correction. The Department shall reimburse not pay disputed portions of invoices.
5.8 When prevailing wage rates apply, the Recipient Construction Manager must submit with each invoice a certified copy of the payroll for costs incurred to perform services described in compliance verification. Invoice payment will not be made until the Project Description payroll has been verified and Responsibilities in Exhibit “A”the invoice approved by the Contract Manager.
5.9 The sample invoice format can be found at xxxx://xxxxxxxx-xxxx.xx.xxx/aeinfo.htm. Invoices shall reference this Preconstruction Services Contract number, project title, and as set forth in the Schedule of Financial Assistance in Exhibit “B”.
b. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverablesTask Order number. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties.
c. Invoices shall be submitted no more often later than monthly and no less than quarterly 45 calendar days after completion of each billing period. Any credit, as provided under this Preconstruction Services Contract, due the Department must be reimbursed by the Recipient Construction Manager prior to the expiration or termination of this Preconstruction Services Contract. Invoices shall be mailed to the Department’s Consultant Services Unit at the following address: CALIFORNIA DEPARTMENT OF TRANSPORTATION Attn: Xxxxx Xxxx Consultant Services Unit 0000 X. Xxxxxxx Avenue, Suite 100 Fresno, CA 93726
5.10 The final project invoice shall state the final cost and all credits due the Department. The final invoice should be submitted within 60 calendar days after completion of the services.
5.11 Payment will be made in detail sufficient for accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.
a. The total amount payable by the Department, resulting from this Preconstruction Services Contract, shall not exceed $550,000.00. It is understood and agreed that this total is an estimate, and that the actual amount of work requested by the Department may be less. There is no guarantee, either expressed or implied, as to the actual dollar amount that will be authorized under this Preconstruction Services Contract. In no event shall Scope of Work exceed this maximum.
b. Exhibit C, Cost Proposal, is subject to a proper pre-post award audit. After any post award audit and post-auditrecommendations are received, based on Exhibit C shall be adjusted by the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received Construction Manager and approved by the Department prior Contract Manager to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable conform to the Departmentaudit recommendations. The Recipient shall use Construction Manager agrees that individual items of cost identified in the format for audit report may be incorporated into the invoice and progress report that is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Preconstruction Services Contract Payment Requirements.
e. Travel expenses are not compensable under this Agreement.
f. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or at the Department’s Comptroller under Section 334.044(29), Florida Statutessole discretion. Refusal by the Construction Manager to incorporate the interim audit or post award recommendations will be considered a breach of the Preconstruction Services Contract terms and cause for termination of the Preconstruction Services Contract.
g. The Recipient c. Construction Manager, in consultation with Department, shall maintain submit an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and hourly budget for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, each of the contractor and all subcontractors performing work on the projectactivities listed in Exhibit B, and all other records Scope of the contractor and subcontractors considered necessary by the Work for Department for a proper audit of costsapproval.
Appears in 1 contract
Samples: Preconstruction Services Contract
Compensation and Payment. a. The Department CONSULTANT shall reimburse be paid a sum not to exceed $ for professional services and related expenses rendered under this contract (hereinafter, “CONTRACT AMOUNT”). The CONSULTANT expenses are to include support for professional services, including but not limited to reasonable and necessary actual expenses (as approved by the Recipient “COMMISSION”) incurred by the CONSULTANT for costs incurred travel, lodging, meals, telephone, express mail delivery, computer charges and copying costs. Maximum reimbursement amounts for daily meals for consultants shall be the following; Breakfast $ 7.50 Lunch 12.50 Dinner 30.00 Payments shall be made on a monthly basis as monthly invoices are received by the COMMISSION from the CONSULTANT; provided, however, that prior to perform services described each monthly payment the CONSULTANT must be in compliance with so much of this AGREEMENT as is applicable at the Project Description and Responsibilities in Exhibit “A”time, and as set forth in prior to final payment the Schedule of Financial Assistance in Exhibit “B”.
b. The Recipient CONSULTANT shall provide quantifiable, measurable, and verifiable units of deliverableshave completed all obligations under this AGREEMENT. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties.
c. Invoices shall be submitted no more often than monthly based on actual time and no less than quarterly reasonable, necessary, and maximum allowable expenses expended on the contract work, with labor rates for CONSULTANT personnel as shown below and, in accordance with billing instructions contained in COMMISSION’S Guidelines for Consultant Billing of Direct Reimbursable Charges to Contracts to be issued to the CONSULTANT by the Recipient Administration Division’s Property and Facilities Coordinator once this contract is executed as shown below. $ /hour $ /hour $ /hour $ /hour Additionally, the COMMISSION and the CONSULTANT further agree that the contract amount shall be subject to modification by agreement between the parties hereto to accommodate changes in detail sufficient for workload required of the CONSULTANT due to the subsequent changes in the scope and level of the CONSULTANT’S responsibilities not otherwise properly compensated by the amount originally stated in this AGREEMENT. Additionally, the COMMISSION and the CONSULTANT further agree that, if a proper pre-audit and post-auditwork plan submitted by the CONSULTANT is utilized under this contract in order to provide general consulting assistance on a project or matter, based on the quantifiable, measurable and verifiable deliverables as established amount stated in Exhibit “A”. Deliverables and costs incurred must be received and a work plan approved by the Department prior STAFF shall be a “not to reimbursements. Requests for reimbursement exceed” amount unless it is subject to modification by agreement between the parties hereto to accommodate changes in the workload required of the CONSULTANT due to the subsequent changes in the scope and level of the CONSULTANT’S responsibilities not otherwise properly compensated by the Recipient amount originally stated in the work plan. Any such modification shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable be agreed to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient COMMISSION and must also establish the CONSULTANT. In the event the CONSULTANT and the COMMISSION shall not mutually agree to modification of a work plan compensation amount, the COMMISSION shall be the final arbiter of such modification. Notwithstanding any other provision in this AGREEMENT, in the event that appropriations from the Georgia General Assembly no longer exist or in the event that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements.
e. Travel expenses are not compensable under this Agreement.
f. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer obligations of the State COMMISSION incurred at any time exceed the balance of Florida under Chapters 215 and 216remaining un- obligated funds, Florida Statutes or the Department’s Comptroller under Section 334.044(29), Florida Statutes.
g. The Recipient then this AGREEMENT shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, terminate without further obligation of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costsCOMMISSION.
Appears in 1 contract
Samples: Consulting Agreement
Compensation and Payment. a. The Department shall reimburse the Recipient for costs incurred to perform services described in the Project Description and Responsibilities Scope of Services in Exhibit “A”, and as set forth in the Schedule Method of Financial Assistance Compensation in Exhibit “B”.
b. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project, identified as Financial Project Number 439934-2-54-01, and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and ResponsibilitiesScope of Services. Any changes to the deliverables shall require an amendment executed written approval in advance by both partiesthe Department.
c. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received and approved accepted in writing by the Department Department’s Project Manager prior to reimbursements. Requests for reimbursement by The Department will identify the Department’s Project Manager to the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Departmentin writing.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements.
e. Travel expenses are not compensable under this Agreement.
f. Payment shall be made only after receipt and approval of deliverables goods and costs incurred services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department’s Comptroller under Section 334.044(29s. 334.044 (29), Florida Statutes. If the Department determines that the performance of the Recipient is unsatisfactory, the Department shall notify the Recipient of the deficiency to be corrected, which correction shall be made within a time-frame to be specified by the Department. The Recipient shall, within five days after notice from the Department, provide the Department with a corrective action plan describing how the Recipient will address all issues of contract non- performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Department, the Recipient shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to the invoice for the then-current billing period. The retainage shall be withheld until the Recipient resolves the deficiency. If the deficiency is subsequently resolved, the Recipient may bill the Department for the retained amount during the next billing period. If the Recipient is unable to resolve the deficiency, the funds retained must be forfeited at the end of the Agreement’s term.
g. The Recipient shall maintain an accounting system or separate accounts to ensure funds Recipients providing goods and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request services to the Department at all times during should be aware of the period following time frames. Inspection and approval of this Agreement and goods or services shall take no longer than 20 days from the Department’s receipt of the invoice. The Department has 20 days to deliver a request for five years after final payment is made. Copies of these documents and records shall be furnished (voucher) to the Department upon requestof Financial Services. Records of costs incurred include The 20 days are measured from the Recipient's general accounting records and the project records, together with supporting documents and records, latter of the contractor and all subcontractors performing work on date the projectinvoice is received or the goods or services are received, inspected, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costsapproved.
Appears in 1 contract
Samples: Grant Agreement
Compensation and Payment. a. The Department A. As compensation for the satisfactory performance of the services required by this Agreement, ACTA shall pay and reimburse Consultant at the Recipient for costs incurred to perform services described in the Project Description and Responsibilities in Exhibit “A”, and as rates set forth in the Schedule of Financial Assistance in Exhibit “B”.B.
b. B. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties.
c. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received and approved by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements.
e. Travel expenses are not compensable maximum amount payable under this Agreement, including reimbursable expenses (see Exhibit B), shall be Twenty Five Thousand Dollars ($25,000).
f. Payment C. Consultant shall submit invoices in duplicate to ACTA monthly following the effective date of this Agreement for services performed during the preceding month. Each such invoice shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized signed by the Chief Financial Officer Consultant and shall include the following certification: “I certify under penalty of perjury that the State of Florida under Chapters 215 above invoice is true and 216just, Florida Statutes or the Department’s Comptroller under Section 334.044(29), Florida Statutes.
g. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under in accordance with the terms of Agreement No. , that payment of this Agreement invoice has not been received and that none of the items contained in the invoice have been submitted to any other agency.
D. All invoices shall be maintained approved by ACTA’s CEO or his or her designee prior to payment. All invoices due and made available upon request payable and found to be in order shall be paid as soon as, in the ordinary course of ACTA business, the same may be approved, audited and processed. Invoices shall include the Agreement number, employee name, title/classification, hourly rate, hours worked, current charges and cumulative charges. Subconsultant invoices shall be in a similar format. Consultant shall submit appropriate supporting documents with each invoice. Such documents may include provider invoices, payrolls, and time sheets. ACTA may require, and Consultant shall provide, all documents reasonably required to determine whether amounts on the invoice are allowable expenses under this Agreement. All invoices are subject to audit. Consultant is not required to submit support for direct costs items of $25 or less. Further, where the Consultant employs Subconsultants under this Agreement, the Consultant shall submit to ACTA, with each monthly invoice, a Monthly Subconsultant Monitoring Report Form (Exhibit C) listing SBE/VSBE/MBE/WBE/DVBE/OBE amounts. Where applicable, Consultant shall provide an explanation for any item that does not meet or exceed the anticipated participation levels for this Agreement, with specific plans and recommendations for improved Subconsultant utilization. Invoices will not be paid without a completed Monthly Subconsultant Monitoring Report Form.
E. For payment and processing, all invoices should be mailed to the following address: Accounts Payable Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project recordsAlameda Corridor Transportation Authority 0000 Xxxxxx Xxxxxxx Way, together with supporting documents and recordsSuite 200 Long Beach, of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costs.California 90806
Appears in 1 contract
Samples: Consulting Agreement
Compensation and Payment. a. The Department shall reimburse the Recipient for costs incurred to perform services described in the Project Description and Responsibilities in Exhibit “A”, and as set forth in the Schedule of Financial Assistance in Exhibit “B”.
b. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both all parties.
c. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received and approved by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, ” – Contract Payment Requirements.
e. Travel expenses are not compensable under this Agreement.
f. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department’s Comptroller under Section 334.044(29), Florida Statutes.
g. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costs.
Appears in 1 contract
Samples: Grant Agreement
Compensation and Payment. a. The Department shall reimburse the Recipient MPO for costs incurred to perform services described satisfactorily during a monthly or quarterly period in the Project Description and Responsibilities in accordance with Scope of Work, Exhibit “A”. Reimbursement is limited to the maximum amount authorized by the Department. The MPO shall submit a request for reimbursement to the Department on a quarterly or monthly basis. Requests for reimbursement by the MPO shall include an invoice, an itemized expenditure report, and as set forth in progress report for the Schedule period of Financial Assistance in Exhibit “B”.
b. services being billed that are acceptable to the Department. The Recipient MPO shall use the format for the invoice, itemized expenditure report and progress report that is approved by the Department. The MPO shall provide any other data required by FHWA or the Department to justify and support the payment requested. Pursuant to Section 287.058, Florida Statutes, the MPO shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties.
c. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient MPO in detail sufficient for a proper pre-audit and post-audit, audit based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received and accepted in writing by the Department’s Grant Manager prior to payments. The Department will honor requests for reimbursement to the MPO for eligible costs in the amount of FHWA funds approved for reimbursement in the UPWP and made available by FHWA. The Department may suspend or terminate payment for that portion of the Project which FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal-aid. Regarding eligible costs, whichever requirement is stricter between federal and State of Florida requirements shall control. Any determination by the Department prior made pursuant to reimbursements. Requests for reimbursement by this section of the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable Agreement is subject to the Departmentconflict and dispute resolution process set forth in Section 15 of this Agreement. The Recipient shall use the format for the invoice and progress report that is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient MPO and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in the UPWP, Exhibit “A” has been ”, was met. All costs invoiced charged to the Project, including any approved services contributed by the MPO or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in the charges. See Exhibit “F”, D” for Contract Payment Requirements.
e. . Bills for travel expenses specifically authorized in this Agreement shall be documented on the Department’s Contractor Travel Form No. 000-000-00 or on a form that was previously submitted to the Department’s Comptroller and approved by the Department of Financial Services. Bills for travel expenses are not compensable under specifically authorized in this Agreement.
f. Agreement will be paid in accordance with Section 112.061 Florida Statutes. Payment shall be made only after receipt and approval of deliverables goods and costs incurred services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes Statutes. If the Department determines that the performance of the MPO fails to meet minimum performance levels, the Department shall notify the MPO of the deficiency to be corrected, which correction shall be made within a time-frame to be specified by the Department. The MPO shall, within sixty (60) days after notice from the Department, provide the Department with a corrective action plan describing how the MPO will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Department, the MPO shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to the invoice for the then-current billing period. The retainage shall be withheld until the MPO resolves the deficiency. If the deficiency is subsequently resolved, the MPO may xxxx the Department for the retained amount during the next billing period. If the MPO is unable to resolve the deficiency, the funds retained may be forfeited at the end of the Agreement’s term. An invoice submitted to the Department involving the expenditure of metropolitan planning funds (“PL funds”) is required by Federal law to be reviewed by the Department and issued a payment by the Department of Financial Services within 15 business days of receipt by the Department for review. If the invoice is not complete or lacks information necessary for processing, it will be returned to the MPO, and the 15-business day timeframe for processing will start over upon receipt of the resubmitted invoice by the Department. If there is a case of a bona fide dispute, the invoice recorded in the financial system of the Department shall contain a statement of the dispute and authorize payment only in the amount not disputed. If an item is disputed and is not paid, a separate invoice could be submitted requesting reimbursement, or the Department’s Comptroller under Section 334.044(29), Florida Statutes.
g. The Recipient shall maintain an accounting system or separate accounts disputed item/amount could be included/added to ensure funds and projects are tracked separatelya subsequent invoice. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the RecipientMPO's general accounting records and the project Project records, together with supporting documents and records, of the contractor consultant and all subcontractors subconsultants performing work on the projectProject, and all other records of the contractor Consultants and subcontractors subconsultants considered necessary by the Department for a proper audit of costs. The MPO must timely submit invoices and documents necessary for the close out of the Project. Within 90 days of the expiration or termination of the grant of FHWA funds for the UPWP, the MPO shall submit the final invoice and all financial, performance, and related reports consistent with 2 CFR §200. The Department’s performance and obligation to pay under this Agreement is also contingent upon FHWA making funds available and approving the expenditure of such funds. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year."
Appears in 1 contract
Compensation and Payment. a. The Department A. As compensation for the satisfactory performance of the services required by this Agreement, ACTA shall pay and reimburse Consultant at the Recipient for costs incurred to perform services described in the Project Description and Responsibilities in Exhibit “A”, and as rates set forth in the Schedule of Financial Assistance in Exhibit “B”.B.
b. B. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties.
c. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received and approved by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements.
e. Travel expenses are not compensable maximum amount payable under this Agreement, including reimbursable expenses (see Exhibit B), shall be Two Hundred Thousand Dollars ($200,000).
f. C. Following the effective date of this Agreement, Consultant shall submit invoices in duplicate to ACTA according to the Fee Payment Schedule in Exhibit B, and where expenses are incurred, on a monthly basis, for services performed during the preceding month. Each such invoice shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized signed by the Consultant and shall include the following certification: “I certify under penalty of perjury that the above invoice is true and just, in accordance with the terms of Agreement No. C0890, that payment of this invoice has not been received and that none of the items contained in the invoice have been submitted to any other agency.
D. All invoices shall be approved by ACTA’s Chief Financial Officer (“CFO”) or his or her designee prior to payment. All invoices due and payable and found to be in order shall be paid as soon as, in the ordinary course of ACTA business, the same may be approved, audited and processed. Invoices that include charges for expenses shall include a detailed explanation of the State charges incurred. Consultant shall submit appropriate supporting documents with each such invoice, which may include third-party provider invoices and receipts. ACTA may require, and Consultant shall provide, all documents reasonably required to determine whether amounts on the invoice are allowable expenses under this Agreement. All invoices are subject to audit. Consultant is not required to submit support for direct costs items of Florida $25 or less. Further, where the Consultant employs Subconsultants under Chapters 215 and 216this Agreement, Florida Statutes or the Department’s Comptroller under Section 334.044(29), Florida StatutesConsultant shall submit to ACTA a Monthly Subconsultant Monitoring Report Form (Exhibit C) listing SBE/VSBE/MBE/WBE/DVBE/OBE amounts.
g. The Recipient shall maintain an accounting system or separate accounts to ensure funds E. For payment and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall processing, all invoices should be maintained and made available upon request mailed to the following address: Accounts Payable Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project recordsAlameda Corridor Transportation Authority 0000 Xxxxxx Xxxxxxx Way, together with supporting documents and recordsSuite 200 Long Beach, of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costs.California 90806
Appears in 1 contract
Samples: Consulting Agreement
Compensation and Payment. a. The Department shall reimburse In consideration of its performance of the Recipient for costs incurred to perform services described in Work, the Project Description and Responsibilities in Exhibit “A”, and as set forth in the Schedule of Financial Assistance in Exhibit “B”.
b. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties.
c. Invoices Consultant shall be submitted no more often than monthly and no less than quarterly by the Recipient in detail sufficient for paid a proper pre-audit and post-audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”sum not to exceed $ . Deliverables and costs incurred must be received and approved by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements.
e. Travel expenses are not compensable under this Agreement.
f. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by in accordance with the Chief Financial Officer following:
a) IF PROGRESS PAYMENTS ON FIXED SUMS PER TASK OR RATES: The Consultant shall provide an itemized invoice based on the task and/or rates set forth in Exhibit B. The Consultant shall submit to County monthly invoices of the State progress made and expenses incurred during the previous calendar month. Such invoices shall segregate the charges for work done by task, and shall describe the Work performed, the time incurred by each person performing work, and expenses incurred. Upon request, Consultant shall provide County with such other supporting information as County may request.
b) IF SINGLE PAYMENT: Payment will be made within thirty days following completion of Florida under Chapters 215 the Work and 216Consultant’s invoicing.
c) IF REIMBURSABLE COSTS: Reimbursable costs shall be billed monthly. For the purposes of this Agreement, Florida Statutes the term “reimbursable costs” shall include only actual out-of-pocket expenses incurred by Consultant and his consultants in connection with the Work, except travel will be reimbursable by mileage rates. Reimbursable costs shall not include telephone or the Department’s Comptroller under Section 334.044(29postal charges. Reimbursable costs will include printing (sufficient copies as directed by County), Florida Statutesfax and photo-reproduction costs at rates provided in Exhibit B. (Exhibit B notwithstanding, the cost of Consultant’s subcontractors shall be reimbursed at only 100% of cost.)
g. d) The Recipient Consultant shall maintain an accounting system or separate comprehensive, complete and accurate records and accounts of its performance relating to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement for a period of three (3) years following final payment hereunder, which period shall be maintained extended at County’s reasonable request. County shall have the right within such period to inspect such books, records and made available documents upon request to demand, with reasonable notice and at a reasonable time, for the Department at all times during purpose of determining, in accordance with acceptable accounting and auditing standards, compliance with the period requirements of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costslaw.
Appears in 1 contract
Samples: Professional Services
Compensation and Payment. a. The Department shall reimburse the Recipient for costs incurred to perform services described in the Project Description and Responsibilities in Exhibit “A”, and as set forth in the Schedule of Financial Assistance in Exhibit “B”.
b. . The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both all parties.
c. . Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received and approved by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department.
d. . Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, ” – Contract Payment Requirements.
e. . Travel expenses are not compensable under this Agreement.
f. . Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department’s Comptroller under Section 334.044(29), Florida Statutes.
g. . If this box is selected, advance payment is authorized for this Agreement and Exhibit “H”, Alternative Advance Payment Financial Provisions is attached and incorporated into this Agreement. If the Department determines that the performance of the Recipient is unsatisfactory, the Department shall notify the Recipient of the deficiency to be corrected, which correction shall be made within a time-frame to be specified by the Department. The Recipient shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Recipient will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Department, the Recipient will not be reimbursed to the extent of the non-performance. The Recipient will not be reimbursed until the Recipient resolves the deficiency. If the deficiency is subsequently resolved, the Recipient may bill the Department for the unpaid reimbursement request(s) during the next billing period. If the Recipient is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement’s term. Recipients receiving financial assistance from the Department should be aware of the following time frames. Inspection and approval of deliverables and costs incurred shall take no longer than 20 days from the Department’s receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the deliverables and costs incurred are received, inspected, and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Recipient. Interest penalties of less than one (1) dollar will not be enforced unless the Recipient requests payment. Invoices that have to be returned to a Recipient because of Recipient preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Recipient who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (000) 000-0000. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costs.
Appears in 1 contract
Samples: State Funded Grant Agreement
Compensation and Payment. a. The Department A. As compensation for the satisfactory performance of the services required by this Agreement, ACTA shall pay and reimburse Consultant at the Recipient for costs incurred to perform services described in the Project Description amounts and Responsibilities in Exhibit “A”, and as rates set forth in the Schedule of Financial Assistance in Exhibit “B”.B.
b. B. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties.
c. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received and approved by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements.
e. Travel expenses are not compensable maximum amount payable under this Agreement, including reimbursable expenses (see Exhibit B), shall be Two Hundred Fifty Thousand Dollars ($250,000).
f. Payment C. Consultant shall submit invoices in duplicate to ACTA monthly following the effective date of this Agreement for services performed during the preceding month. Each such invoice shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized signed by the Chief Financial Officer Consultant and shall include the following certification: “I certify under penalty of perjury that the State of Florida under Chapters 215 above invoice is true and 216just, Florida Statutes or the Department’s Comptroller under Section 334.044(29), Florida Statutes.
g. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under in accordance with the terms of Agreement No. C0866, that payment of this Agreement invoice has not been received and that none of the items contained in the invoice have been submitted to any other agency.
D. All invoices shall be maintained approved by ACTA’s CEO or his or her designee prior to payment. All invoices due and made available upon request payable and found to be in order shall be paid as soon as, in the ordinary course of ACTA business, the same may be approved, audited and processed.
E. Invoices shall include the Agreement number, CTO number if applicable, employee names, titles/classification, hourly rates, hours worked, current charges and cumulative charges. Subconsultant invoices shall be in a similar format. Consultant shall submit appropriate supporting documents with each invoice. Such documents may include provider invoices, payrolls, and time sheets. ACTA may require, and Consultant shall provide, all documents reasonably required to determine whether amounts on the invoice are allowable expenses under this Agreement. All invoices are subject to audit. Consultant is not required to submit support for direct costs items of $25 or less. Further, where the Consultant employs Subconsultants under this Agreement, the Consultant shall submit to ACTA, with each monthly invoice, a Monthly Subconsultant Monitoring Report Form (Exhibit C) listing SBE/VSBE/MBE/WBE/DVBE/OBE amounts. Where applicable, Consultant shall provide an explanation for any item that does not meet or exceed the anticipated participation levels for this Agreement, with specific plans and recommendations for improved Subconsultant utilization. Consultant shall include with each monthly invoice a written service report for the services provided during the prior month pursuant to 1) the fixed monthly fee and 2) Contract Task Orders issued during the reporting month, if any. Invoices shall not be paid if submitted without a written monthly service report and a completed Monthly Subconsultant Monitoring Report Form.
F. For payment and processing, all invoices should be mailed to the following address: Accounts Payable Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project recordsAlameda Corridor Transportation Authority 0000 Xxxxxx Xxxxxxx Way, together with supporting documents and recordsSuite 200 Long Beach, of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costs.California 90806
Appears in 1 contract
Samples: Consulting Agreement
Compensation and Payment. a. 1. The Department shall reimburse approximate non-binding estimate of the Recipient for costs incurred total cost of the UTILITIES RELOCATION work contemplated under this IGA, subject to perform services described in the Project Description and Responsibilities in Exhibit “A”, change based upon bid acceptance and as set forth in the Schedule of Financial Assistance in Exhibit “B”.
b. The Recipient otherwise provided herein, is $333,925.00 (Three Hundred Thirty-Three Thousand and Nine Hundred Twenty-Five Dollars). COUNTY shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service pay to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties.
c. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received and approved by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements.
e. Travel expenses are not compensable under this Agreement.
f. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer CITY 100% of the State final cost of Florida under Chapters 215 and 216the UTILITIES RELOCATION work, Florida Statutes or the Department’s Comptroller under Section 334.044(29), Florida Statutes.
g. The Recipient shall maintain an accounting system or separate accounts as such cost is determined pursuant to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement IGA, performed on behalf of COUNTY. It is agreed that the compensation specified includes both direct and indirect costs incurred in the performance of this IGA.
2. As soon as practicable after the opening of bids and acceptance of a bid by CITY, CITY shall notify COUNTY in writing of the cost amount due CITY. COUNTY shall promptly respond to CITY with either its acceptance of the amount payable by COUNTY for the UTILITIES RELOCATION or its reasonable determination that there is a material discrepancy or error in the calculation of the amount due CITY. The parties agree that if COUNTY has not responded to CITY’s notice of the accepted bid contract amount within fourteen (14) days after COUNTY’s receipt of such notice, COUNTY will be maintained and made available upon request deemed to have accepted such amount and, therefore, CITY will proceed with the work necessary for the UTILITIES RELOCATION as provided herein.
3. CITY will provide COUNTY with monthly invoices in amounts equal to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished amounts CITY has paid each month to the Department upon requestcontractor performing the UTILITIES RELOCATION. Records COUNTY shall pay such invoices within thirty (30) days from receipt. Upon completion of costs incurred include the Recipient's general accounting records and UTILITIES RELOCATION, CITY shall submit a final invoice to COUNTY as provided herein.
4. Subject to the project recordsprovisions of Section X below, together in the event there is a change in the PROJECT or it becomes necessary to add pay items that are not provided for in the contract, CITY shall negotiate prices with supporting documents and records, of the contractor and all subcontractors performing work on enter into a supplemental agreement with the project, and all other records contractor for completion of the contractor and subcontractors considered necessary additional items. COUNTY shall bear 100 percent of the additional cost of the UTILITIES RELOCATION, including, without limitation, the cost of any improvements or betterments to the UTILITIES requested by COUNTY, as determined in accordance with this IGA.
5. The final cost of the UTILITIES RELOCATION work performed on behalf of COUNTY shall be determined by measurement of the actual quantities of installed materials, including added items as provided herein, multiplied by the Department for actual bid prices. Accordingly, after the UTILITIES RELOCATION has been completed, CITY shall determine the final cost to be borne by COUNTY and, as the case may be, shall refund to COUNTY or shall request of COUNTY an additional payment in the amount of the difference between the final cost to be borne by COUNTY and the amount which COUNTY has previously paid to CITY. In the event additional payment is due to CITY, COUNTY agrees to pay same within thirty (30) days after the invoice is received from CITY. In the event a proper audit of costsrefund is due COUNTY, CITY agrees to pay COUNTY within thirty (30) after the refund amount is determined by CITY.
Appears in 1 contract
Samples: Intergovernmental Agreement
Compensation and Payment. a. The Department 3.1. For completion of all Work in accordance with this Agreement, the Contractor shall reimburse be paid the Recipient for costs incurred to perform services described in sum of One Million, Six Hundred Ninety-Five Thousand Dollars and Zero Cents ($1,695,000.00) (the Project Description and Responsibilities in Exhibit “AContract Amount”), and allocated as set forth provided in the Schedule of Financial Assistance in Values, attached hereto and incorporated by reference as Exhibit “B”3.
b. 3.2. As a condition precedent for any payment, the Contractor shall submit a monthly invoice to the County requesting payment for services properly rendered and expenses due. The Recipient Contractor's invoice shall provide quantifiabledescribe with reasonable particularity the Work completed, measurablethe date thereof, the time expended if such services were rendered pursuant to a fee and the person(s) rendering such service. The Contractor's invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought as the County may require. Each invoice shall bear the signature of the Contractor, which signature shall constitute the Contractor's representation to the County that the Work indicated in the invoice have reached the level stated, have been properly and timely performed as required herein, that the expenses included in the invoice have been reasonably incurred in accordance with this Agreement, that all obligations of the Contractor covered by prior invoices have been paid in full, and verifiable units that the amount requested is currently due and owing, there being no reason known to the Contractor that payment of deliverablesany portion thereof should be withheld. Each deliverable must specify Submission of the required minimum level Contractor’s invoice for final payment shall further constitute the Contractor's representation to the County that, upon receipt by the Contractor of service the amount invoiced, all obligations of the Contractor to others, including its consultants, incurred in connection with the Work, will be performed paid in full. The Contractor shall submit invoices to the County at the following address: Alachua County Solid Waste & Resource Recovery Director 0000 XX 000xx Xxxx Gainesville, FL 32653 Xxx@xxxxxxxxxxxxx.xx
3.3. All applications for payment shall be processed and paid in accordance with the provisions of Chapter 218, Part VII Florida Statutes (“Local Government Prompt Payment Act”), and the criteria County shall remit all payments to:
X. Xxxxxxxxx Contracting, Inc. dba Kokolakis Contracting 000 Xxxx Xxxxxx Xxxxxx Tarpon Springs, FL 34689 xxx.xxxxxxxxxx.xxx
3.4. Except as otherwise authorized in Section 3.1, the County shall not pay or reimburse the Contractor for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties.
c. Invoices shall be submitted no more often than monthly and no less than quarterly any expenses incurred by the Recipient in detail sufficient for a proper pre-audit and post-audit, based on Contractor to perform the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received and approved by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements.
e. Travel expenses are not compensable under this Agreement.
f. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department’s Comptroller under Section 334.044(29), Florida Statutes.
g. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costs.Work
Appears in 1 contract
Samples: General Construction Agreement
Compensation and Payment. a. The Department Consultant shall reimburse be compensated on the Recipient basis of hours worked and expenses incurred by its employees at the rates shown in the attached Consultant's Fee Schedule, Exhibit "B". The Consultant shall receive no other payment for materials or disbursements unless expressly allowed by the Task Order. The Consultant shall not adjust the wage rates in Exhibit "B" without written authorization from the Port.
3.1 Consultant shall supply Port with a monthly invoice and written documentation, satisfactory to Port, for all amounts due under this Agreement, including but not limited to project budget status and a narrative progress description of services rendered that is acceptable in form to the Port. All invoices submitted by Consultant to Port shall reference any applicable billing codes provided by Port to Consultant. Any applicable taxes shall be listed as separate line items on each Consultant invoice. All invoices and documentation may be reviewed and audited by Port and payment may be subject to review or audit. Subject to the preceding, payments shall be net thirty (30) days of receipt of such invoice by Port. In no event shall the Port be charged interest on payments due under this Agreement. If required by Port, Consultant shall provide periodic forecasts of its total fees and costs incurred to perform services described date. With regard to time and materials Task Orders, only the reimbursable expenses specifically listed in the Project Description and Responsibilities in attached Exhibit “A”, and as set forth in the Schedule of Financial Assistance in Exhibit “"B”.
b. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to " will be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties.
c. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received and approved by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements.
e. Travel payable expenses are not compensable under this Agreement.
f. Payment 3.2 If a Task Order specifies that the work is to be performed on a fixed fee basis, the Consultant shall be made only after receipt paid the amount of the fixed fee as consideration for full and approval satisfactory performance of deliverables the work regardless of the Consultant’s cost to perform the work. The Port shall have sole authority for determining when all work has been satisfactorily performed by the Consultant. The Consultant’s payment for the work shall not exceed the specific amount unless authorized in writing by the Port, as provided herein. The fixed fee amount comprises all of the Consultant’s payment for the work and includes without limitation all costs incurred of salaries, overhead, non- salary expenses (including, but not limited to, travel, reproductions, telephone, supplies, and fees of outside consultants), as well as the Consultant's profits. The Consultant’s payment for the work shall not exceed the specified amount unless advance payments are first authorized by the Chief Financial Officer Port.
3.3 The Consultant shall obtain the prior written approval of the State Port for any charges for additional services by the Consultant, the additional services of Florida under Chapters 215 and 216others retained by Consultant, Florida Statutes or the Department’s Comptroller under Section 334.044(29)furnishing of additional supplies, Florida Statutes.
g. materials or equipment. The Recipient Consultant shall maintain an accounting system or separate accounts not be entitled to ensure funds and projects are tracked separately. Records of costs compensation for any such additional charges incurred under the terms in violation of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costsparagraph.
Appears in 1 contract
Samples: Professional Services
Compensation and Payment. a. The Department shall reimburse the Recipient for costs incurred to perform services described in the Project Description and Responsibilities Scope of Services in Exhibit “A”, and as set forth in the Schedule Method of Financial Assistance Compensation in Exhibit “B”.
b. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project, identified as Financial Project Number 439934-2-54-01, and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and ResponsibilitiesScope of Services. Any changes to the deliverables shall require an amendment executed written approval in advance by both partiesthe Department.
c. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received and approved accepted in writing by the Department Department’s Project Manager prior to reimbursements. Requests for reimbursement by The Department will identify the Department’s Project Manager to the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Departmentin writing.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements.
e. Travel expenses are not compensable under this Agreement.
f. Payment shall be made only after receipt and approval of deliverables goods and costs incurred services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department’s Comptroller under Section 334.044(29s. 334.044 (29), Florida Statutes. If the Department determines that the performance of the Recipient is unsatisfactory, the Department shall notify the Recipient of the deficiency to be corrected, which correction shall be made within a time-frame to be specified by the Department. The Recipient shall, within five days after notice from the Department, provide the Department with a corrective action plan describing how the Recipient will address all issues of contract non- performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Department, the Recipient shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to the invoice for the then-current billing period. The retainage shall be withheld until the Recipient resolves the deficiency. If the deficiency is subsequently resolved, the Recipient may xxxx the Department for the retained amount during the next billing period. If the Recipient is unable to resolve the deficiency, the funds retained must be forfeited at the end of the Agreement’s term.
g. The Recipient shall maintain an accounting system or separate accounts to ensure funds Recipients providing goods and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request services to the Department at all times during should be aware of the period following time frames. Inspection and approval of this Agreement and goods or services shall take no longer than 20 days from the Department’s receipt of the invoice. The Department has 20 days to deliver a request for five years after final payment is made. Copies of these documents and records shall be furnished (voucher) to the Department upon requestof Financial Services. Records of costs incurred include The 20 days are measured from the Recipient's general accounting records and the project records, together with supporting documents and records, latter of the contractor and all subcontractors performing work on date the projectinvoice is received or the goods or services are received, inspected, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costsapproved.
Appears in 1 contract
Samples: Grant Agreement
Compensation and Payment. a. 5.1 The Construction Manager will be reimbursed for hours worked at the hourly rates specified in the Construction Manager’s Cost Proposal, (See Exhibit C). The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this agreement. In addition, the Construction Manager will be reimbursed for direct costs, other than salary costs, as shown in the Cost Proposal or as approved by the Contract Manager.
5.2 Construction Manager shall be responsible for any future adjustments to prevailing wage rates including but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. The Construction Manager is responsible for paying the appropriate rate, including escalations that take place during the term of the Preconstruction Services Contract.
5.3 A mistake, inadvertence, or neglect by the Construction Manager in failing to pay the correct rates of prevailing wage will be remedied solely by the Construction Manager and will not, under any circumstances, be considered as the basis of a claim against the Department on the Preconstruction Services Contract.
5.4 Transportation and subsistence costs to be reimbursed shall be the actual costs incurred, but not to exceed the rates stipulated in the Department of Transportation “Caltrans Travel Guide, Consultant/Contractors Travel Policy.” See xxxx://xxx.xxx.xx.xxx/hq/asc/travel/ch12.htm
5.5 To determine allowable incurred Subcontractor costs that are eligible for reimbursement, in addition to reimbursement for actual costs that are incurred, the Department will allow Subcontractor costs that are treated by the Construction Manager as accrued due to such costs having been billed to the Construction Manager and recognized by the Construction Manager and the Department as valid, undisputed, due and payable. By submitting accrued but unpaid Subcontractor costs for reimbursement, the Construction Manager agrees that within ten (10) days of receipt of reimbursement, the full amount submitted as a reimbursable accrued Subcontractor cost shall be paid to the Subcontractor.
5.6 The Construction Manager shall not commence performance nor will payment be made for any work performed prior to approval of this Preconstruction Services Contract by State and written notification to proceed has been issued by the Department’s Contract Manager, nor will any payment be made for work performed after the expiration date of this Preconstruction Services Contract. The Construction Manager will be reimbursed monthly in arrears for services satisfactorily rendered and approved by the Department’s Contract Manager, as promptly as fiscal procedures will permit upon receipt by the Department’s Contract Manager of itemized invoices.
5.7 Invoices shall be submitted showing the Work Breakdown Structure (WBS) level element for each billable hour increment and/or detail of work performed on each milestone, on each project as applicable. Invoicing shall include, but are not limited to, the Work Breakdown Structure (WBS) elements listed in Exhibit B for defined/related services and products. Incomplete invoices shall be returned unpaid to the Construction Manager for correction. The Department shall reimburse not pay disputed portions of invoices.
5.8 When prevailing wage rates apply, the Recipient Construction Manager must submit with each invoice a certified copy of the payroll for costs incurred to perform services described in compliance verification. Invoice payment will not be made until the Project Description payroll has been verified and Responsibilities in Exhibit “A”the invoice approved by the Contract Manager.
5.9 The sample invoice format can be found at xxxx://xxxxxxxx-xxxx.xx.xxx/aeinfo.htm. Invoices shall reference this Preconstruction Services Contract number, project title, and as set forth in the Schedule of Financial Assistance in Exhibit “B”.
b. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverablesTask Order number. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties.
c. Invoices shall be submitted no more often later than monthly and no less than quarterly 45 calendar days after completion of each billing period. Any credit, as provided under this Preconstruction Services Contract, due the Department must be reimbursed by the Recipient Construction Manager prior to the expiration or termination of this Preconstruction Services Contract. Invoices shall be mailed to the Department’s Contract Manager at the following address: CALIFORNIA DEPARTMENT OF TRANSPORTATION [Insert name] [Insert address]
5.10 The final project invoice shall state the final cost and all credits due the Department. The final invoice should be submitted within 60 calendar days after completion of the services.
5.11 Payment will be made in detail sufficient for accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.
a. The total amount payable by the Department, resulting from this Preconstruction Services Contract, shall not exceed [insert amount]. It is understood and agreed that this total is an estimate, and that the actual amount of work requested by the Department may be less. There is no guarantee, either expressed or implied, as to the actual dollar amount that will be authorized under this Preconstruction Services Contract. In no event shall Scope of Work exceed this maximum.
b. Exhibit C, Cost Proposal, is subject to a proper pre-post award audit. After any post award audit and post-auditrecommendations are received, based on Exhibit C shall be adjusted by the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received Construction Manager and approved by the Department prior Contract Manager to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable conform to the Departmentaudit recommendations. The Recipient shall use Construction Manager agrees that individual items of cost identified in the format for audit report may be incorporated into the invoice and progress report that is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Preconstruction Services Contract Payment Requirements.
e. Travel expenses are not compensable under this Agreement.
f. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or at the Department’s Comptroller under Section 334.044(29), Florida Statutessole discretion. Refusal by the Construction Manager to incorporate the interim audit or post award recommendations will be considered a breach of the Preconstruction Services Contract terms and cause for termination of the Preconstruction Services Contract.
g. The Recipient c. Construction Manager, in consultation with Department, shall maintain submit an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and hourly budget for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, each of the contractor and all subcontractors performing work on the projectactivities listed in Exhibit B, and all other records Scope of the contractor and subcontractors considered necessary by the Work for Department for a proper audit of costsapproval.
Appears in 1 contract
Samples: Preconstruction Services Contract
Compensation and Payment.
a. The Department shall reimburse the Recipient for costs incurred to perform services described in the Project Description and Responsibilities in Exhibit “A”, and as set forth in the Schedule of Financial Assistance in Exhibit “B”.B”.
b. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties.parties.
c. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received and approved by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department.Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements.Requirements.
e. Travel expenses are not compensable under this Agreement.Agreement.
f. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department’s Comptroller under Section 334.044(29), Florida Statutes. If the Department determines that the performance of the Recipient is unsatisfactory, the Department shall notify the Recipient of the deficiency to be corrected, which correction shall be made within a time-frame to be specified by the Department. The Recipient shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Recipient will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Department, the Recipient will not be reimbursed to the extent of the non-performance. The Recipient will not be reimbursed until the Recipient resolves the deficiency. If the deficiency is subsequently resolved, the Recipient may bill the Department for the unpaid reimbursement request(s) during the next billing period. If the Recipient is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement’s term. Recipients receiving financial assistance from the Department should be aware of the following time frames. Inspection and approval of deliverables and costs incurred shall take no longer than 20 days from the Department’s receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the deliverables and costs incurred are received, inspected, and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes., will be due and payable, in addition to the invoice amount, to the Recipient. Interest penalties of less than one (1) dollar will not be enforced unless the Recipient requests payment. Invoices that have to be returned to a Recipient because of Recipient preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Recipient who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (000) 000-0000.
g. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costs.costs.
Appears in 1 contract
Samples: Grant Agreement
Compensation and Payment. a. 7.01 The Department shall reimburse City agrees to pay the Recipient Contractor for costs incurred the complete and proper performance of the Services an amount not to perform services described exceed the sum of Thousand and 00/100 Dollars ($0.00), inclusive of any reimbursable expenses, in the Project Description manner and Responsibilities in Exhibit “A”, and as at the rates set forth in the Schedule of Financial Assistance Exhibit B. If reimbursable expenses are to be provided, they shall be delineated in Exhibit “B”B. Unless this Contract is amended pursuant to Article 17, this amount shall be the entire compensation to which the Contractor is entitled for the performance of Services under this Contract.
b. 7.02 The Recipient City agrees to reimburse the Contractor for the reimbursable expenses identified in Exhibit B that are actually incurred in connection with the proper performance of the Services. Expenses outside the categories enumerated in Exhibit B shall provide quantifiable, measurablenot increase the amount payable stated in Section 7.01, and verifiable units shall not be reimbursed by the City unless such charges are reasonable and are incurred after written approval is given by the City.
7.03 Payment for the proper performance of deliverables. Each deliverable must specify the required minimum level Services shall be contingent upon receipt by the City of service to accurate, complete and timely invoices from the Contractor and shall be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units made within forty-five (45) days after receipt of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes a proper invoice which conforms to the deliverables shall require an amendment executed by both partiesrequirements of this Article 7.
c. 7.04 Each invoice shall itemize, provide and confirm:
(a) The cost of all Services for the subject billing period;
(b) The total cost of the Services rendered to date;
(c) The date of each Service performed;
(d) The name of the person who performed the Service (each item should refer to only one person);
(e) A brief description of the Service performed;
(f) The amount of time expended on performing the Service;
(g) Each expenditure or charge for which reimbursement is sought; and
(h) Copies of receipts for any Reimbursable Expenses for which payment or reimbursement is being requested.
7.05 Invoices shall be submitted no more often than monthly electronically each month and no less than quarterly by the Recipient in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received and approved by the Department prior to reimbursementsCity not more than thirty (30) days after the close of the immediately preceding calendar month. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced Invoices shall be supported submitted by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements.E-mail to: XX-XXXX@xxxxxxxxx.xxx
e. Travel expenses are not compensable 7.06 The City employee responsible for accepting performance under this Agreement.
f. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department’s Comptroller under Section 334.044(29), Florida Statutes.
g. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costs.Contract is: Email:
Appears in 1 contract
Samples: Professional Services
Compensation and Payment. a. A. The Department shall reimburse the Recipient MPO for costs incurred to perform services described satisfactorily during a monthly or quarterly period in the Project Description and Responsibilities in accordance with Scope of Work, Exhibit “A”. Reimbursement is limited to the maximum amount authorized by the Department. The MPO shall submit a request for reimbursement to the Department on a quarterly or monthly basis. Requests for reimbursement by the MPO shall include an invoice, an itemized expenditure report, and as set forth in progress report for the Schedule period of Financial Assistance in Exhibit “B”services being billed that are acceptable to the Department. The MPO shall use the format for the invoice, itemized expenditure report and progress report that is approved by the Department. The MPO shall provide any other data required by FHWA or the Department to justify and support the payment requested.
b. The Recipient B. Pursuant to Section 287.058, Florida Statutes, the MPO shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties.
c. C. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient MPO in detail sufficient for a proper pre-audit and post-audit, audit based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received and accepted in writing by the Department’s Grant Manager prior to payments.
D. The Department will honor requests for reimbursement to the MPO for eligible costs in the amount of FHWA funds approved for reimbursement in the UPWP and made available by FHWA. The Department may suspend or terminate payment for that portion of the Project which FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal-aid. In regard to eligible costs, whichever requirement is more strict between federal and State of Florida requirements shall control. Any determination by the Department prior made pursuant to reimbursements. Requests for reimbursement by this section of the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable Agreement is subject to the Department. The Recipient shall use the format for the invoice conflict and progress report that is approved by the Departmentdispute resolution process set forth in Section 14 of this Agreement.
d. E. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient MPO and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in the UPWP, Exhibit “A” has been ”, was met. All costs invoiced charged to the Project, including any approved services contributed by the MPO or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirementsthe charges.
e. F. Bills for travel expenses specifically authorized in this Agreement shall be documented on the Department’s Contractor Travel Form No. 000-000-00 or on a form that was previously submitted to the Department’s Comptroller and approved by the Department of Financial Services. Bills for travel expenses are not compensable under specifically authorized in this AgreementAgreement will be paid in accordance with Section 112.061 Florida Statutes.
f. G. Payment shall be made only after receipt and approval of deliverables goods and costs incurred services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or Statutes. If the Department determines that the performance of the MPO fails to meet minimum performance levels, the Department shall notify the MPO of the deficiency to be corrected, which correction shall be made within a time-frame to be specified by the Department. The MPO shall, within sixty (60) days after notice from the Department, provide the Department with a corrective action plan describing how the MPO will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Department, the MPO shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to the invoice for the then- current billing period. The retainage shall be withheld until the MPO resolves the deficiency. If the deficiency is subsequently resolved, the MPO may xxxx the Department for the retained amount during the next billing period. If the MPO is unable to resolve the deficiency, the funds retained may be forfeited at the end of the Agreement’s Comptroller under Section 334.044(29), Florida Statutesterm.
g. The Recipient shall maintain an accounting system H. An invoice submitted to the Department involving the expenditure of metropolitan planning funds (“PL funds”) is required by Federal law to be reviewed by the Department and issued a payment by the Department of Financial Services within 15 business days of receipt by the Department for review. If the invoice is not complete or separate accounts lacks information necessary for processing, it will be returned to ensure funds and projects are tracked separately. the MPO, and
I. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the RecipientMPO's general accounting records and the project records, together with supporting documents and records, of the contractor consultant and all subcontractors subconsultants performing work on the project, and all other records of the contractor Consultants and subcontractors subconsultants considered necessary by the Department for a proper audit of costs.
J. The MPO must timely submit invoices and documents necessary for the close out of the Project. Within 90 days of the expiration or termination of the grant of FHWA funds for the UPWP, the MPO shall submit the final invoice and all financial, performance, and related reports consistent with 2 CFR §200.
K. The Department’s performance and obligation to pay under this Agreement is also contingent upon FHWA making funds available and approving the expenditure of such funds.
L. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
Appears in 1 contract
Compensation and Payment. a. The Department A. As compensation for the satisfactory performance of the services required by this Agreement, ACTA shall pay and reimburse Consultant at the Recipient for costs incurred to perform services described in the Project Description and Responsibilities in Exhibit “A”, and as rates set forth in the Schedule of Financial Assistance in Exhibit “B”.B.
b. B. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties.
c. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received and approved by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements.
e. Travel expenses are not compensable maximum amount payable under this Agreement, including reimbursable expenses (see Exhibit B), shall be Seventy Five Thousand Dollars ($75,000).
f. Payment C. Consultant shall submit invoices in duplicate to ACTA monthly following the effective date of this Agreement for services performed during the preceding month. Each such invoice shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized signed by the Chief Financial Officer Consultant and shall include the following certification: “I certify under penalty of perjury that the State of Florida under Chapters 215 above invoice is true and 216just, Florida Statutes or the Department’s Comptroller under Section 334.044(29), Florida Statutes.
g. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under in accordance with the terms of Agreement No. C0892, that payment of this Agreement invoice has not been received and that none of the items contained in the invoice have been submitted to any other agency.
D. All invoices shall be maintained approved by ACTA’s CEO or his or her designee prior to payment. All invoices due and made available upon request payable and found to be in order shall be paid as soon as, in the ordinary course of ACTA business, the same may be approved, audited and processed. Invoices shall include the Agreement number, employee name, title/classification, hourly rate, hours worked, current charges and cumulative charges. Subconsultant invoices shall be in a similar format. Consultant shall submit appropriate supporting documents with each invoice. Such documents may include provider invoices, payrolls, and time sheets. ACTA may require, and Consultant shall provide, all documents reasonably required to determine whether amounts on the invoice are allowable expenses under this Agreement. All invoices are subject to audit. Consultant is not required to submit support for direct costs items of $25 or less. Further, where the Consultant employs Subconsultants under this Agreement, the Consultant shall submit to ACTA, with each monthly invoice, a Monthly Subconsultant Monitoring Report Form (Exhibit C) listing SBE/VSBE/MBE/WBE/DVBE/OBE amounts. Where applicable, Consultant shall provide an explanation for any item that does not meet or exceed the anticipated participation levels for this Agreement, with specific plans and recommendations for improved Subconsultant utilization. Invoices will not be paid without a completed Monthly Subconsultant Monitoring Report Form.
E. For payment and processing, all invoices should be mailed to the following address: Accounts Payable Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project recordsAlameda Corridor Transportation Authority 0000 Xxxxxx Xxxxxxx Way, together with supporting documents and recordsSuite 200 Long Beach, of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costs.California 90806
Appears in 1 contract
Samples: Consulting Agreement
Compensation and Payment. a. The Department (A) No Supplier employee is to commence work without a prior, approved purchase order for each such person sent to Supplier’s company by GDLS. If any of Supplier’s contract labor personnel commences work without an individual purchase order, the work shall reimburse the Recipient be performed at Supplier’s risk; and any Invoice(s) submitted for costs incurred payment for Supplier employee’s work without an individual purchase order will be rejected by GDLS. No one at GDLS has authority to perform services described in the Project Description and Responsibilities in Exhibit “A”, and as set forth in the Schedule of Financial Assistance in Exhibit “B”authorize work except GDLS Supply Chain Management personnel via a purchase order.
b. The Recipient (B) Supplier shall not discuss purchase order rate information with any individual who is outside GDLS’ Supply Chain Management or Human Resources. Supplier shall not provide quantifiableany copy of the purchase order or documentation to any individual outside GDLS’ Supply Chain Management (SCM) or Human Resources. Only SCM and Human Resources personnel are authorized to discuss and negotiate rates on behalf of GDLS. As a service provider to GDLS, measurableSupplier’s strict adherence to GDLS’ policy is expected. All questions are to be directed to Purchaser’s Supply Chain Management (SCM) Buyer listed on your purchase order.
(C) Supplier shall be paid on the basis of Supplier personnel’s hours worked at the rates agreed to between Purchaser and Supplier, and verifiable units of deliverables. Each deliverable must specify the required minimum taking into account local labor market conditions, individuals’ level of service experience and nature of tasks to be performed (“Supplier Hourly Rate” or “Xxxx Rate”) as approved in Purchaser’s Applicant Tracking System. .
(D) The applicability of straight time, overtime and double-time shall be based upon federal and any applicable State laws as determined by the work location for Supplier personnel. Overtime Xxxx Rate shall not exceed 1.3 times the approved Standard Xxxx Rate. Double-time Xxxx Rate shall not exceed 1.7 times the approved Standard Xxxx Rate.
(E) In the event that Purchaser identifies one or more individuals that it would like Supplier to utilize in rendering the Services as a Supplier employee, if the Supplier does indeed hire these individuals to perform Services under this agreement, the Supplier shall be paid a standard 1.2 markup (20%) on all Services (“Payrollee Rate”) where Purchaser has identified selected candidate. Such xxxx up excludes any transfer of Supplier’s personnel to a new Supplier due to any termination of this agreement or to affect the transfer of assigned Supplier personnel for employment with GDLS or an alternate GDLS Supplier.
(F) Supplier shall be obligated to ensure compliance with all state, federal and other applicable laws in which Services are rendered, and the criteria for evaluating successful completion. The Project laws of any other locations Supplier personnel may be subject to that would apply to this Agreement, including all labor, employment, wage and the quantifiablehour, measurablesocial welfare, tax, unemployment and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both partiespension laws.
c. Invoices (G) The agreed upon Xxxx Rates and Payrollee Rate shall address Supplier’s obligation to pay and be inclusive of (a) any and all applicable employment taxes and withholdings, including FICA, SUTA, FUTA, state and local taxes and disability; (b) all required insurance including, but not limited to, workers’ compensation insurance, liability insurance and Defense Base & Act (“DBA”) insurance; and (c) any other obligations or statutory requirements of any nature, whether mandated by federal, state, local or municipal law or regulation arising from the provision of Services under this Agreement. Except as otherwise expressly set out in this Agreement, all fees and expenses shall be submitted paid by Supplier and there shall be no more often than monthly and no less than quarterly by the Recipient in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received and approved by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards additional or level of service other fees to be performed based on paid by Purchaser for Supplier’s performance of the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements.
e. Travel expenses are not compensable Services under this Agreement.
f. Payment (H) Once each month (or at more frequent intervals, if approved by Purchaser), Supplier may submit invoices for services rendered. The Supplier invoice must include the Purchase Order number, agreed-to Xxxx Rate and Overtime rate and Double-time rate when applicable, or Payrollee Rates, documentation of the number of hours of Services rendered, the identity of each individual performing said Services and Supplier Personnel’s GDLS Badge Number. In addition, any pre-approved travel being invoiced must be submitted via the current GDLS expense reporting system. Travel not submitted via the current GDLS expense reporting system will not be reimbursed. All Supplier invoices shall be made only after receipt supported by copies of daily time slips and by such other supporting documents as Purchaser may reasonably require, including documentation of GDLS pre-approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer for travel. .
(I) Supplier shall submit all timecard or payment discrepancies within 60 calendar days of the State final day of Florida under Chapters 215 the month in which Services were rendered or in which reimbursable expenses were incurred. Purchaser shall not pay any timecard or payment discrepancies submitted by Supplier beyond the deadlines as specified in the preceding sentence. An exception to the foregoing 60-day deadline, Supplier shall submit all timecard or payment discrepancies for Services rendered from December 1st through December 31st by March 31st (90 days from December 31st) of the following year in which Services were rendered (“Year-End Date”). Timecard or payment discrepancies submitted after the Closed-Out Period will be not be processed or paid by GDLS. Failure of Supplier to submit timecard and 216payment discrepancies as required by these terms and conditions shall result in Supplier waiving its rights to payment and Supplier shall indemnify and hold harmless GDLS for any claim resulting, Florida Statutes directly or the Departmentindirectly, therefrom.
(J) Some work at Purchaser’s Comptroller under Section 334.044(29site is performed on an alternative work schedule (“9/80”), Florida Statutesfor which Purchaser defines its work week for the purpose of calculating overtime to be from 12:00 p.m. (noon) on Friday to 11:59 a.m. of the following Friday. If Supplier does not follow the “12:00 p.m. (noon) on Friday to 11:59 a.m. of the following Friday” work week definition for purposes of calculating overtime, then Supplier, not Purchaser, will pay and be liable for any overtime that Supplier’s employee may be entitled to receive outside of the “12:00 p.m. (noon) on Friday to 11:59 a.m. of the following Friday” work week, should they be assigned to work on a 9/80 schedule.
g. The Recipient (K) Supplier shall maintain an accounting system or separate accounts send written notice to ensure funds and projects are tracked separately. Records Supplier’s SCM representative immediately, but in no event later than five (5) business days of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department each contract labor person’s assignment completion/termination at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costseach site.
Appears in 1 contract
Samples: Purchase Order Terms and Conditions
Compensation and Payment. a. A. The Department shall reimburse the Recipient MPO for costs incurred to perform services described satisfactorily during a monthly or quarterly period in the Project Description and Responsibilities in accordance with Scope of Work, Exhibit “A”. Reimbursement is limited to the maximum amount authorized by the Department. The MPO shall submit a request for reimbursement to the Department on a quarterly or monthly basis. Requests for reimbursement by the MPO shall include an invoice, an itemized expenditure report, and as set forth in progress report for the Schedule period of Financial Assistance in Exhibit “B”services being billed that are acceptable to the Department. The MPO shall use the format for the invoice, itemized expenditure report and progress report that is approved by the Department. The MPO shall provide any other data required by FHWA or the Department to justify and support the payment requested.
b. The Recipient B. Pursuant to Section 287.058, Florida Statutes, the MPO shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties.
c. C. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient MPO in detail sufficient for a proper pre-audit and post-audit, audit based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received and accepted in writing by the Department’s Grant Manager prior to payments.
D. The Department will honor requests for reimbursement to the MPO for eligible costs in the amount of FHWA funds approved for reimbursement in the UPWP and made available by FHWA. The Department may suspend or terminate payment for that portion of the Project which FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal-aid. In regard to eligible costs, whichever requirement is more strict between federal and State of Florida requirements shall control. Any determination by the Department prior made pursuant to reimbursements. Requests for reimbursement by this section of the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable Agreement is subject to the Department. The Recipient shall use the format for the invoice conflict and progress report that is approved by the Departmentdispute resolution process set forth in Section 14 of this Agreement.
d. E. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient MPO and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in the UPWP, Exhibit “A” has been ”, was met. All costs invoiced charged to the Project, including any approved services contributed by the MPO or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirementsthe charges.
e. F. Bills for travel expenses specifically authorized in this Agreement shall be documented on the Department’s Contractor Travel Form No. 000-000-00 or on a form that was previously submitted to the Department’s Comptroller and approved by the Department of Financial Services. Bills for travel expenses are not compensable under specifically authorized in this AgreementAgreement will be paid in accordance with Section 112.061 Florida Statutes.
f. G. Payment shall be made only after receipt and approval of deliverables goods and costs incurred services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or Statutes. If the Department determines that the performance of the MPO fails to meet minimum performance levels, the Department shall notify the MPO of the deficiency to be corrected, which correction shall be made within a time-frame to be specified by the Department. The MPO shall, within sixty (60) days after notice from the Department, provide the Department with a corrective action plan describing how the MPO will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Department, the MPO shall be assessed a non- performance retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to the invoice for the then-current billing period. The retainage shall be withheld until the MPO resolves the deficiency. If the deficiency is subsequently resolved, the MPO may bill the Department for the retained amount during the next billing period. If the MPO is unable to resolve the deficiency, the funds retained may be forfeited at the end of the Agreement’s Comptroller under Section 334.044(29), Florida Statutesterm.
g. The Recipient shall maintain an accounting system X. Xx invoice submitted to the Department involving the expenditure of metropolitan planning funds (“PL funds”) is required by Federal law to be reviewed by the Department and issued a payment by the Department of Financial Services within 15 business days of receipt by the Department for review. If the invoice is not complete or separate accounts lacks information necessary for processing, it will be returned to ensure funds and projects are tracked separately. the MPO, and
I. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the RecipientMPO's general accounting records and the project records, together with supporting documents and records, of the contractor consultant and all subcontractors subconsultants performing work on the project, and all other records of the contractor Consultants and subcontractors subconsultants considered necessary by the Department for a proper audit of costs.
X. The MPO must timely submit invoices and documents necessary for the close out of the Project. Within 90 days of the expiration or termination of the grant of FHWA funds for the UPWP, the MPO shall submit the final invoice and all financial, performance, and related reports consistent with 2 CFR §200.
K. The Department’s performance and obligation to pay under this Agreement is also contingent upon FHWA making funds available and approving the expenditure of such funds.
L. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
Appears in 1 contract
Samples: Joint Participation Agreement
Compensation and Payment. a. The Department shall reimburse Maximum Compensation under this Agreement is $195,932.50. The amount paid under this Agreement may not exceed the Recipient Maximum Compensation without an approved supplemental agreement. Compensation for costs incurred to perform the performance of services within the Scope of Services described in the Project Description and Responsibilities Attachment A will be paid as a lump sum basis in Exhibit “A”an amount not to exceed $195,932.50 as shown on Attachment B. The Engineer shall furnish satisfactory documentation of such work (e.g., and timesheets, billing rates, classifications, invoices, etc.) as set forth in the Schedule of Financial Assistance in Exhibit “B”may be required by FBCTRA.
b. The Recipient Engineer shall provide quantifiablefurnish satisfactory documentation of such work (e.g., measurabletimesheets, billing rates, classifications, invoices, etc.) as may be required by FBCTRA. All performance of the Scope of Services and any services outside the Scope of Services (“Additional Services”), including changes in the contractual scope of work and revision of work satisfactorily performed, will be performed only when approved in advance and authorized by the FBCTRA, and verifiable units Additional Services will be reimbursed based on the billing rates in effect at that time, to the extent that such labor costs and subcontracts are reasonable and necessary for the performanceof such services. Out-of-pocket expense costs may be reimbursed only when approved in advance and authorized by the FBCTRA. Payment will be made
(i) on the basis of deliverables. Each deliverable must specify the required minimum level of service project progress to be performed billed monthly, and, for Additional Services, (ii) on the basis of time and the criteria for evaluating successful completionexpense records, and, in accordance with those payment procedures set forth in subsection d. below. The Project and the quantifiableBilling rates will be inclusive of all direct labor, measurablefringe benefits, general overhead, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both partiesprofit.
c. Invoices shall be submitted no more often than monthly and no less than quarterly Where subcontractors are employed by the Recipient in detail sufficient for a proper Engineer to perform pre-audit approved and postpre-auditauthorized Additional Services, the Engineer will be reimbursed for subcontractors' actual salaries and hourly rates. Reimbursement to the subcontractor for non-salary costs incurred by subcontractor will be on the same basis as if the cost was incurred by the Engineer. For subcontractors employed for the convenience of the FBCTRA, the Engineer will be paid a subcontract administrative fee equal to ten percent (10%) of all subcontractor invoiced amounts.
d. It is understood and agreed that monthly payments will be made to the Engineer by the FBCTRA based on the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received and approved by following procedures: On or before the Department prior to reimbursements. Requests for reimbursement by first Monday of each month during the Recipient shall include an invoice, progress report and supporting documentation for the period performance of services being billed that are acceptable hereunder and on or before the first Monday of the month following completion of all services hereunder, the Engineer shall submit to the Department. The Recipient shall use FBCTRA one (1) copy of invoice showing the format amounts due for the invoice and progress report that is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be services performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements.
e. Travel expenses are not compensable under this Agreement.
f. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department’s Comptroller under Section 334.044(29), Florida Statutes.
g. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of previous month, set forth separately for work under this Agreement and for five years after final payment is made. Copies any Additional Services (accompanied by supporting certified time and expense records of these documents and records shall be furnished such charges in a form acceptable to the Department upon requestFBCTRA). Records of costs incurred include It is specifically understood that any requests for travel reimbursements shall comply with those procedures for travel reimbursement to Fort Bend County (the Recipient's general accounting records “County”) employees established by the Fort Bend County Auditor (the “Auditor”). The FBCTRA shall review such invoices and approve them within 30 calendar days from the project records, together with supporting documents and records, first Monday of the contractor and all subcontractors performing work on the projectmonth with such modifications as are consistent with this Agreement, and all other records of forward same to the contractor and subcontractors considered necessary Auditor. The County shall pay each such invoice as approved by the Department for a proper audit FBCTRA within thirty (30) calendar days after the FBCTRA's approval of costssame.
Appears in 1 contract
Samples: Engineering Services Agreement
Compensation and Payment. a. 3.01 As compensation for Amarex’s services hereunder, Innovate shall pay Amarex the undisputed amounts of each invoice prepared by Amarex relevant to services performed under each Project Work Order or any portion thereof. All payments by Innovate for undisputed amounts shall be made within [***] days of the date of Innovate’s receipt of a written invoice from Amarex. Innovate shall notify Amarex of any disputed amounts within [***] days of Innovate’s receipt of the disputed invoice. The Department parties shall negotiate in good faith to resolve any disputed amounts in accordance with Section 13.04. Unless otherwise expressly provided herein, each party shall be responsible for its own expenses relating to its performance of this Agreement and shall not incur expenses for the other party’s account unless expressly authorized in writing to do so by the other party. Further, Innovate will reimburse Amarex for all pre-approved, reasonable out-of-pocket expenses (without markup) incurred by Amarex in connection with the Recipient for costs incurred services; provided, however, that any travel and lodging (if requested by Innovate) expenses must be consistent with Amarex’s company travel policy and any all out-of-pocket expenses that individually or cumulatively exceed [***] Dollars ($[***]) must be approved by Innovate in advance; such pre-approval may be accomplished via e-mail communication. For clarity, reasonable out-of-pocket expenses described or set forth in, and not in excess of, a Project Work Order budget are deemed pre-approved by Innovate. Upon Innovate’s request, Amarex shall provide reasonable documentation to perform services substantiate any out-of-pocket expense. All such out-of-pocket expenses shall be included on the appropriate invoice described in the Project Description and Responsibilities in Exhibit “A”, and as set forth in the Schedule of Financial Assistance in Exhibit “B”this Section 3.01.
b. The Recipient 3.02 All invoices and/or other requests for payment shall provide quantifiable, measurable, be billable and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully payable in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed U.S. Dollars unless otherwise agreed upon in writing by both parties.
c. Invoices 3.03 All invoices and/or other requests for payment shall be submitted no more often itemized with a reasonable degree of specificity to ensure accuracy in accounting for services and/or goods provided and billed for. All invoices and/or other requests for payment shall be sent to: [***] Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission. Amarex Master Service Agreement for Innovate 17 August 2018 Amarex Clinical Research, LLC – Confidential and Proprietary Page 2 of 14 Innovate Biopharmaceuticals, Inc. c/o Accounts Payable 0000 Xxxxxxxxx Xx, Suite 120 Raleigh, NC 27615 Email invoice to: xx@xxxxxxxxxxxxxxxxx.xxx AND xxxxxxxxxxx@xxxx.xxx Innovate shall not be responsible for any invoices and/or other requests for payment sent to any address or department other than monthly that provided immediately above.
3.04 Payments to Amarex will be made out to Amarex Clinical Research, LLC (Tax ID: [***]).
3.05 A [***]% annual interest rate will be charged to any and no less than quarterly all undisputed amounts that remain unpaid past their applicable due dates.
3.06 During the Term and for a period of [***] months after its expiration or termination, upon fourteen (14) days’ prior written notice, at its expense once annually and at reasonable times during normal business hours, Innovate shall have the right to audit and examine all records which are necessary to verify performance by Amarex of the services in accordance with any Project Work Order. Innovate will not be entitled to audit (i) data or information of other customers or clients of Amarex; (ii) any cost information unless such is the basis of an out-of-pocket expense; (iii) Amarex’s quality assurance reviews and contract management reports; or (iv) any other confidential Information of Amarex that is not directly relevant for the authorized purposes of the audit. Any notice shall contain detailed information regarding the records and time periods being audited. The auditors and other representatives of Innovate will execute and deliver such confidentiality and non-disclosure agreements and comply with such reasonable security and confidentiality requirements as Amarex may require in connection with such audits. If errors or deficiencies are identified as a result of an audit, Amarex shall take prompt action to correct any such error or deficiency mutually agreed upon by the Recipient parties in detail sufficient for a proper pre-audit and post-auditaccordance with the dispute mechanism set forth herein, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received and approved including refunding any overpayments by the Department prior Innovate to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period Amarex within thirty (30) days of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Departmentnotified of such overpayment.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements.
e. Travel expenses are not compensable under this Agreement.
f. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department’s Comptroller under Section 334.044(29), Florida Statutes.
g. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costs.
Appears in 1 contract
Samples: Master Services Agreement (Innovate Biopharmaceuticals, Inc.)
Compensation and Payment. a. For all services actually, timely, and faithfully performed, the County will pay the Contractor as follows:
A. The Department Contractor shall reimburse be paid for the Recipient collection of Residential Solid Waste, Recyclable Materials, and Yard T rash in the Alachua County Universal Collection Area and the Subscription Area, as those areas are described and depicted in Exhibits A and B to the General and Technical Specifications. The Contractor shall be paid on a per unit basis, in accordance with the "Solid Waste, Recycling and Yard Trash Unit Prices," which are set forth in Exhibit D to the General and Technical Specifications.
B. As a condition precedent for costs any payment, the Contractor shall submit an invoice to the County on a monthly basis requesting payment for services properly rendered and expenses due. The Contractor's invoice shall describe with reasonable particularity: (1) each service rendered; (2) the date when the service was rendered; (3) the time expended, if the Contractor rendered a service for which payment is based on the time expended; and (4) the Person(s) rendering such service. The Contractor's invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought as the County may reasonably require. Each invoice shall bear the signature of the Contractor, which signature shall constitute the Contractor's representation to the County that: (5) the invoice accurately describes each service for which payment is requested; (6) the services identified in the invoice have been properly and timely performed in compliance with the requirements in this Renewal Agreement; (7) the expenses included in the invoice have been reasonably incurred to perform in compliance with this Renewal Agreement; (8) all services described in the Project Description invoice were provided to the public for the purposes set forth herein; (9) all obligations of the Contractor covered by prior invoices have been paid in full; (10) the amount requested by the Contractor is currently due and Responsibilities in Exhibit “A”, owing; and as (11) the Contractor is not aware of any reason why the amount set forth in the Schedule invoice should not be paid by the County. Submission of Financial Assistance the Contractor's invoice for final payment shall further constitute the Contractor's representation to the County that, upon receipt from the County of the amount invoiced, all obligations of the Contractor to others, including its consultants and subcontractors, incurred in Exhibit “B”.
b. The Recipient shall provide quantifiableconnection with the work described in the invoice, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to will be performed and the criteria for evaluating successful completionpaid in full. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes Contractor shall submit invoices to the deliverables shall require an amendment executed by both parties.
c. Invoices shall be submitted no more often than monthly and no less than quarterly by County at the Recipient in detail sufficient following address: Office of Waste Collection ATTN: Waste Collection Manager 0000 XX 000xx Xxxx Xxxxxxxxxxx, XX 00000 Payments for a proper pre-audit and post-audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received and approved by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by all sums properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements.
e. Travel expenses are not compensable under this Agreement.
f. Payment inv oiced shall be made only after receipt and approval in accordance with the provisions of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216Chapter 218, Part VII, Florida Statutes or the Department’s Comptroller ("Local Government Prompt Payment Act") and sent to: WCA of Florida, LLC 0000 XX 00xx Xxxxxxxxx Xxxxxxxxxxx, XX 00000
C. The County's performance and obligation to pay under Section 334.044(29), Florida Statutes.
g. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Renewal Agreement shall be maintained and made available is contingent upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary a specific annual appropriation by the Department for Board of County Commissioners. The Contractor acknowledges and agrees that this Renewal Agreement is not a proper audit commitment of costsf uture appropriations by the County.
Appears in 1 contract
Samples: Solid Waste Collection Agreement
Compensation and Payment. a. The Department shall reimburse the Recipient for costs incurred to perform services described in the Project Description and Responsibilities in Exhibit “A”, and as set forth in the Schedule of Financial Assistance in Exhibit “B”.
b. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties.
c. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received and approved by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Attachment F – Contract Payment Requirements.
e. Travel expenses are not compensable under this Agreement.
f. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department’s Comptroller under Section 334.044(29), Florida Statutes.
g. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costs.
Appears in 1 contract
Samples: Grant Agreement
Compensation and Payment. a. 5.1 The Construction Manager will be reimbursed for hours worked at the hourly rates specified in the Construction Manager’s Cost Proposal, (See Exhibit C). The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this agreement. In addition, the Construction Manager will be reimbursed for direct costs, other than salary costs, as shown in the Cost Proposal or as approved by the Contract Manager.
5.2 Construction Manager shall be responsible for any future adjustments to prevailing wage rates including but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. The Construction Manager is responsible for paying the appropriate rate, including escalations that take place during the term of the Preconstruction Services Contract.
5.3 A mistake, inadvertence, or neglect by the Construction Manager in failing to pay the correct rates of prevailing wage will be remedied solely by the Construction Manager and will not, under any circumstances, be considered as the basis of a claim against the Department on the Preconstruction Services Contract.
5.4 Transportation and subsistence costs to be reimbursed shall be the actual costs incurred, but not to exceed the rates stipulated in the Department of Transportation “Caltrans Travel Guide, Consultant/Contractors Travel Policy.” See xxxx://xxx.xxx.xx.xxx/hq/asc/travel/ch12.htm
5.5 To determine allowable incurred Subcontractor costs that are eligible for reimbursement, in addition to reimbursement for actual costs that are incurred, the Department will allow Subcontractor costs that are treated by the Construction Manager as accrued due to such costs having been billed to the Construction Manager and recognized by the Construction Manager and the Department as valid, undisputed, due and payable. By submitting accrued but unpaid Subcontractor costs for reimbursement, the Construction Manager agrees that within ten (10) days of receipt of reimbursement, the full amount submitted as a reimbursable accrued Subcontractor cost shall be paid to the Subcontractor.
5.6 The Construction Manager shall not commence performance nor will payment be made for any work performed prior to approval of this Preconstruction Services Contract by State and written notification to proceed has been issued by the Department’s Contract Manager, nor will any payment be made for work performed after the expiration date of this Preconstruction Services Contract. The Construction Manager will be reimbursed monthly in arrears for services satisfactorily rendered and approved by the Department’s Contract Manager, as promptly as fiscal procedures will permit upon receipt by the Department’s Contract Manager of itemized invoices.
5.7 Invoices shall be submitted showing the Work Breakdown Structure (WBS) level element for each billable hour increment and/or detail of work performed on each milestone, on each project as applicable. Invoicing shall include, but are not limited to, the Work Breakdown Structure (WBS) elements listed in Exhibit B for defined/related services and products. Incomplete invoices shall be returned unpaid to the Construction Manager for correction. The Department shall reimburse not pay disputed portions of invoices.
5.8 When prevailing wage rates apply, the Recipient Construction Manager must submit with each invoice a certified copy of the payroll for costs incurred to perform services described in compliance verification. Invoice payment will not be made until the Project Description payroll has been verified and Responsibilities in Exhibit “A”the invoice approved by the Contract Manager.
5.9 The sample invoice format can be found at xxxx://xxxxxxxx-xxxx.xx.xxx/aeinfo.htm. Invoices shall reference this Preconstruction Services Contract number, project title, and as set forth in the Schedule of Financial Assistance in Exhibit “B”.
b. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverablesTask Order number. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties.
c. Invoices shall be submitted no more often later than monthly and no less than quarterly 45 calendar days after completion of each billing period. Any credit, as provided under this Preconstruction Services Contract, due the Department must be reimbursed by the Recipient Construction Manager prior to the expiration or termination of this Preconstruction Services Contract. Invoices shall be mailed to the Department’s Contract Manager at the following address: CALIFORNIA DEPARTMENT OF TRANSPORTATION Xxxx Xxxxx District 3 – Project/Program Management 000 X Xxxxxx Xxxxxxxxxx, XX 00000
5.10 The final project invoice shall state the final cost and all credits due the Department. The final invoice should be submitted within 60 calendar days after completion of the services.
5.11 Payment will be made in detail sufficient for accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.
a. The total amount payable by the Department, resulting from this Preconstruction Services Contract, shall not exceed $1,000,000.00. It is understood and agreed that this total is an estimate, and that the actual amount of work requested by the Department may be less. There is no guarantee, either expressed or implied, as to the actual dollar amount that will be authorized under this Preconstruction Services Contract. In no event shall Scope of Work exceed this maximum.
b. Exhibit C, Cost Proposal, is subject to a proper pre-post award audit. After any post award audit and post-auditrecommendations are received, based on Exhibit C shall be adjusted by the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received Construction Manager and approved by the Department prior Contract Manager to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable conform to the Departmentaudit recommendations. The Recipient shall use Construction Manager agrees that individual items of cost identified in the format for audit report may be incorporated into the invoice and progress report that is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Preconstruction Services Contract Payment Requirements.
e. Travel expenses are not compensable under this Agreement.
f. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or at the Department’s Comptroller under Section 334.044(29), Florida Statutessole discretion. Refusal by the Construction Manager to incorporate the interim audit or post award recommendations will be considered a breach of the Preconstruction Services Contract terms and cause for termination of the Preconstruction Services Contract.
g. The Recipient c. Construction Manager, in consultation with Department, shall maintain submit an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and hourly budget for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, each of the contractor and all subcontractors performing work on the projectactivities listed in Exhibit B, and all other records Scope of the contractor and subcontractors considered necessary by the Work for Department for a proper audit of costsapproval.
Appears in 1 contract
Samples: Preconstruction Services Contract
Compensation and Payment. a. A. The Department shall reimburse the Recipient MPO for costs incurred to perform services described satisfactorily during a monthly or quarterly period in the Project Description and Responsibilities in accordance with Scope of Work, Exhibit “A”. Reimbursement is limited to the maximum amount authorized by the Department. The MPO shall submit a request for reimbursement to the Department on a quarterly or monthly basis. Requests for reimbursement by the MPO shall include an invoice, an itemized expenditure report, and as set forth in progress report for the Schedule period of Financial Assistance in Exhibit “B”services being billed that are acceptable to the Department. The MPO shall use the format for the invoice, itemized expenditure report and progress report that is approved by the Department. The MPO shall provide any other data required by FHWA or the Department to justify and support the payment requested.
b. The Recipient B. Pursuant to Section 287.058, Florida Statutes, the MPO shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties.
c. C. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient MPO in detail sufficient for a proper pre-audit and post-audit, audit based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received and accepted in writing by the Department’s Grant Manager prior to payments.
D. The Department will honor requests for reimbursement to the MPO for eligible costs in the amount of FHWA funds approved for reimbursement in the UPWP and made available by FHWA. The Department may suspend or terminate payment for that portion of the Project which FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal-aid. In regard to eligible costs, whichever requirement is more strict between federal and State of Florida requirements shall control. Any determination by the Department prior made pursuant to reimbursements. Requests for reimbursement by this section of the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable Agreement is subject to the Department. The Recipient shall use the format for the invoice conflict and progress report that is approved by the Departmentdispute resolution process set forth in Section 14 of this Agreement.
d. E. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient MPO and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in the UPWP, Exhibit “A” has been ”, was met. All costs invoiced charged to the Project, including any approved services contributed by the MPO or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirementsthe charges.
e. F. Bills for travel expenses specifically authorized in this Agreement shall be documented on the Department’s Contractor Travel Form No. 000-000-00 or on a form that was previously submitted to the Department’s Comptroller and approved by the Department of Financial Services. Bills for travel expenses are not compensable under specifically authorized in this AgreementAgreement will be paid in accordance with Section 112.061 Florida Statutes.
f. G. Payment shall be made only after receipt and approval of deliverables goods and costs incurred services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or Statutes. If the Department determines that the performance of the MPO fails to meet minimum performance levels, the Department shall notify the MPO of the deficiency to be corrected, which correction shall be made within a time-frame to be specified by the Department. The MPO shall, within sixty (60) days after notice from the Department, provide the Department with a corrective action plan describing how the MPO will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Department, the MPO shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to the invoice for the then- current billing period. The retainage shall be withheld until the MPO resolves the deficiency. If the deficiency is subsequently resolved, the MPO may bill the Department for the retained amount during the next billing period. If the MPO is unable to resolve the deficiency, the funds retained may be forfeited at the end of the Agreement’s Comptroller under Section 334.044(29), Florida Statutesterm.
g. The Recipient shall maintain an accounting system X. Xx invoice submitted to the Department involving the expenditure of metropolitan planning funds (“PL funds”) is required by Federal law to be reviewed by the Department and issued a payment by the Department of Financial Services within 15 business days of receipt by the Department for review. If the invoice is not complete or separate accounts lacks information necessary for processing, it will be returned to ensure funds and projects are tracked separately. the MPO, and
I. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the RecipientMPO's general accounting records and the project records, together with supporting documents and records, of the contractor consultant and all subcontractors subconsultants performing work on the project, and all other records of the contractor Consultants and subcontractors subconsultants considered necessary by the Department for a proper audit of costs.
X. The MPO must timely submit invoices and documents necessary for the close out of the Project. Within 90 days of the expiration or termination of the grant of FHWA funds for the UPWP, the MPO shall submit the final invoice and all financial, performance, and related reports consistent with 2 CFR §200.
K. The Department’s performance and obligation to pay under this Agreement is also contingent upon FHWA making funds available and approving the expenditure of such funds.
L. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
Appears in 1 contract
Compensation and Payment. a. The Department shall reimburse the Recipient for costs incurred to perform services described in the Project Description and Responsibilities in Exhibit “A”, and as set forth in the Schedule of Financial Assistance in Exhibit “B”.
b. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project, identified as Financial Project Number 437337-2-54-01, and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed written approval in advance by both partiesthe Department.
c. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received and approved accepted in writing by the Department Department’s Project Manager prior to reimbursements. The Department will identify the Department’s Project Manager to the Recipient in writing. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, H– Contract Payment Requirements.
e. Travel expenses are not compensable under this Agreement.
f. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department’s Comptroller under Section 334.044(29), Florida Statutes.s.
g. The Recipient shall maintain an accounting system or separate accounts to ensure funds Recipients providing goods and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request services to the Department at all times during should be aware of the period following time frames. Inspection and approval of this Agreement and goods or services shall take no longer than 20 days from the Department’s receipt of the invoice. The Department has 20 days to deliver a request for five years after final payment is made. Copies of these documents and records shall be furnished (voucher) to the Department upon requestof Financial Services. Records of costs incurred include The 20 days are measured from the Recipient's general accounting records and the project records, together with supporting documents and records, latter of the contractor and all subcontractors performing work on date the projectinvoice is received or the goods or services are received, inspected, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costsapproved.
Appears in 1 contract
Samples: Grant Agreement
Compensation and Payment. a. 3.1 The Department shall DEPARTMENT agrees to reimburse the Recipient COUNTY for costs incurred to perform services described in the Project Description and Responsibilities in Exhibit “A”, and as set forth in the Schedule of Financial Assistance in Exhibit “B”construction activities authorized under this Agreement.
b. 3.2 The Recipient COUNTY shall furnish the services with which to construct the PROJECT.
3.3 The COUNTY shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service services to be performed and the criteria for evaluating successful completion. The PROJECT, identified as Project Number 440301 1 58/68- 01, and the quantifiable, measurable, verifiable units of deliverables are described more fully in Exhibit A-Deliverables.
3.4 Invoices shall be submitted by the COUNTY in detail sufficient for a proper pre- audit and post audit thereof, based on the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties.
c. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable and verifiable deliverables as established in Section 3.3 above and Exhibit “A”. Deliverables and costs incurred must be received and approved accepted in writing by the Department DEPARTMENT’S project manager prior to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Departmentpayments.
d. 3.5 Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient COUNTY and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” Section 3.3 has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts contracts, or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Attachment D – Contract Payment Requirements.
e. Travel 3.6 There shall be no reimbursement for travel expenses are not compensable under this Agreement.
f. 3.7 Payment shall be made only after receipt and approval of deliverables goods and costs incurred services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes F.S. or the DepartmentDEPARTMENT’s Comptroller under Section 334.044(29334.044 (29), Florida Statutes.
g. The Recipient . If the DEPARTMENT determines that the performance of the COUNTY is unsatisfactory, the DEPARTMENT shall maintain an accounting system or separate accounts notify the COUNTY of the deficiency to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement be corrected, which correction shall be maintained made within a timeframe to be specified by the DEPARTMENT. The COUNTY shall, within five days after notice from the DEPARTMENT, provide the DEPARTMENT with a corrective action plan describing how the COUNTY will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract noncompliance. If the corrective action plan is unacceptable to the DEPARTMENT, the COUNTY shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to the invoice for the then- current billing period. The retainage shall be withheld until the COUNTY resolves the deficiency. If the deficiency is subsequently resolved, the COUNTY may bill the DEPARTMENT for the retained amount during the next billing period. If the COUNTY is unable to resolve the deficiency, the funds retained will be forfeited at the end of the Agreement’s term. The Participant providing goods and made available upon services to the DEPARTMENT should be aware of the following time frames. Inspection and approval of goods or services shall take no longer than 5 working days unless the bid specifications, purchase order, or contract specifies otherwise. The DEPARTMENT has 20 days to deliver a request for payment (voucher) to the Department at all times during of Financial Services. The 20 days are measured from the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, latter of the contractor and all subcontractors performing work on date the projectinvoice is received or the goods or services are received, inspected, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costsapproved.
Appears in 1 contract
Samples: Joint Participation Agreement
Compensation and Payment. a. The Department shall reimburse 5.1 For the Recipient for costs incurred performance of the Services, Owner agrees to perform services described pay Contractor, in the Project Description manner and Responsibilities in Exhibit “A”at the times specified, the Compensation consisting of Hourly Unit Rate Payments and Other Direct Costs (jointly, "Compensation"), and make available the amounts needed for Owner to pay the Owner Costs, as such terms are defined in Attachment B, attached hereto and by this reference made a part hereof
5.2 In addition, promptly after the effective date of this Agreement, Contractor shall invoice Owner for any remaining amounts due for work performed by Contractor under the Letter of Intent between Owner and Contractor dated August 10, 1998, as amended. Owner shall pay Contractor such invoiced amounts within thirty (30) days after receipt of the invoice.
5.3 Any amounts due and remaining unpaid after the due date shall accrue interest, commencing on the day after the due date and compounded for each day thereafter until the date paid, at the rate equal to [CONFIDENTIAL TREATMENT REQUESTED] above the prime lending rate quoted to substantial and responsible commercial borrowers on ninety-day loans by the Xxxxxx Guarantee Trust Company, New York, on each day such interest accrues.
5.4 Any terms or conditions set forth on any invoice which are inconsistent with or in addition to the terms and conditions set forth in the Schedule of Financial Assistance in Exhibit “B”.
b. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties.
c. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received and approved by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements.
e. Travel expenses are not compensable under this Agreement.
f. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department’s Comptroller under Section 334.044(29), Florida Statutes.
g. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained of no effect. Each invoice for Compensation shall include the following information: first, in support of the Hourly Unit Rate Payments, the name and made available upon request to the Department at all times position of Contractor's employees that have performed Services during the period covered by the invoice, the number of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished hours worked by each such employee during that same period, the Hourly Unit Rate applicable to the Department upon request. Records of costs incurred include the Recipient's general accounting records each such employee and the project recordstotal amount payable to Contractor for Hourly Unit Rate Payments; second, together with supporting documents and records, in support of the contractor and all subcontractors performing work Other Direct Costs, the total amount owed for the Other Direct Costs during the period covered by the invoice, a description of the type of Other Direct Costs included in the invoice, a breakdown on a market-by-market basis of where the projectOther Direct Costs were incurred, and all other records receipts to support any Other Direct Costs in excess of twenty-five dollars; and third, in support of the contractor Owner Costs, the relevant invoices of Owner's contractors and subcontractors considered necessary by the Department for a proper audit of costssuppliers.
Appears in 1 contract
Samples: Project and Construction Management Services Agreement (Tritel Finance Inc)
Compensation and Payment. a. The Department It is expressly agreed and understood that the CITY shall reimburse the Recipient SUB-RECIPIENT for the services and deliverables performed under this Agreement in accordance with Exhibit A: Scope of Work, attached hereto and incorporated herein; and Exhibit B: Budget, attached hereto and incorporated herein.
A. It is expressly agreed and understood that the total amount to be paid by the CITY under this Agreement shall not exceed $248,000.00 (two hundred forty-eight thousand dollars and zero cents) from the CITY Community Development Block Grant fund, 44th Grant Year. Said price shall be the total compensation for SUB-RECIPIENT’S performance hereunder including, but not limited to, all work, deliverables, materials, supplies, equipment, subcontractor’s fees, and all reimbursable travel and miscellaneous or incidental expenses to be incurred by SUB-RECIPIENT.
B. The SUB-RECIPIENT, will submit monthly reimbursement requests in a format comparable to the reimbursement request attached hereto and identified as Exhibit D: Project Reimbursement Request for costs incurred from services completed and/or deliverables furnished during the previous month.
C. No later than the 15th of the month following the month in which services were provided and costs were incurred, the SUB-RECIPIENT will submit necessary and appropriate documentation, as determined by the CITY, for all invoiced services and deliverables. Such documentation, as applicable, will include, but is not limited to, the following:
1. Reimbursement Request
2. Payroll Verification
3. Beneficiary Demographic Report
4. An itemized list of eligible expenditures with references to perform services described a line item(s) in the Project Description and Responsibilities in Budget (Exhibit “A”, and as set forth in B) for which the Schedule of Financial Assistance in Exhibit “B”SUB-RECIPIENT is requesting reimbursement.
b. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to D. Payment will be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes made to the deliverables shall require an amendment executed SUB-RECIPIENT through the City’s ordinary payment process, immediately upon receipt of a properly completed invoice, including appropriate supporting documentation, as determined by both partiesthe City.
c. Invoices shall E. Payments may be submitted no more often than monthly and no less than quarterly by contingent upon certification of the Recipient SUB-RECIPIENT’s financial management system in detail sufficient for a proper pre-audit and post-audit, based on accordance with the quantifiable, measurable and verifiable deliverables as established standards specified in Exhibit “A”. Deliverables and costs incurred must be received and approved by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department2 CFR 200.
d. Supporting documentation must establish that F. In the deliverables were received and accepted event the SUB-RECIPIENT incurs costs in writing by excess of the Recipient and must also establish that the required minimum standards or level of sum authorized for service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements.
e. Travel expenses are not compensable under this Agreement.
f. Payment , the SUB-RECIPIENT shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216pay such excess from its own funds, Florida Statutes or the Department’s Comptroller under Section 334.044(29), Florida Statutes.
g. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, CITY shall not be required to pay any part of the contractor and all subcontractors performing work on the projectsuch excess, and all other records of the contractor and subcontractors considered necessary by SUB-RECIPIENT shall have no claim against the Department for a proper audit of costsCITY on account thereof.
Appears in 1 contract
Samples: CDBG Program Agreement
Compensation and Payment. a. The Department (A) No Supplier Personnel is to commence work without a prior approved PO from Purchaser for each such Supplier Personnel. If any of Supplier’s contract labor personnel commences work without prior approved PO, the work shall reimburse be performed at Supplier’s risk and any Invoice(s) submitted for payment for such work will be rejected by GDLS. No one at GDLS has authority to authorize work except GDLS Supply Chain Management personnel via a PO.
(B) Only GDLS Supply Chain Management (“SCM”) and Human Resources (“HR”) personnel are authorized to discuss and negotiate rates on behalf of GDLS. All questions shall to be directed by Supplier to the Recipient for costs incurred Purchaser’s SCM Buyer identified on the PO.
(C) Supplier shall be paid on the basis of the hours worked by Supplier Personnel at the rates agreed to perform services described between Purchaser and Supplier and specified in the Project Description PO (“Supplier Hourly Rate” or “Xxxx Rate”) and Responsibilities as approved in Exhibit “A”Purchaser’s Applicant Tracking System. .
(D) The applicability of straight time, overtime and double-time shall be based upon federal and any applicable State laws as determined by the work location for Supplier personnel. Overtime Xxxx Rate shall not exceed 1.3 times the approved Standard Xxxx Rate. Double-time Xxxx Rate shall not exceed 1.7 times the approved Standard Xxxx Rate.
(E) In the event that Purchaser identifies one or more individuals that it would like Supplier to utilize in rendering the Services as Supplier Personnel, and if the Supplier voluntarily decides to employ these individuals and assign them as set forth in the Schedule of Financial Assistance in Exhibit Supplier Personnel, Supplier shall be paid a standard 1.2 markup (20%) on all Services performed by such Supplier Personnel under this Agreement (“BPayrollee Rate”).
b. The Recipient (F) Supplier shall provide quantifiablecomply with all state, measurablefederal and other applicable laws in which Services are rendered, and verifiable units the laws of deliverablesany other locations Supplier personnel may be subject to that would apply to this Agreement, including all labor, employment, wage and hour, social welfare, tax, unemployment and pension laws.
(G) The agreed upon Xxxx Rates and Payrollee Rate shall address Supplier’s obligation to pay and be inclusive of (a) any and all applicable employment taxes and withholdings, including FICA, SUTA, FUTA, state and local taxes and disability; (b) all required insurance including, but not limited to, workers’ compensation insurance, liability insurance and Defense Base & Act (“DBA”) insurance; and (c) any other obligations or statutory requirements of any nature, whether mandated by federal, state, local or municipal law or regulation arising from the provision of Services under this Agreement. Each deliverable must specify the required minimum level of service Except as otherwise expressly set out in this Agreement, all fees and expenses shall be paid by Supplier and there shall be no additional or other fees to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed paid by both parties.
c. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received and approved by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements.
e. Travel expenses are not compensable Purchaser under this Agreement.
f. Payment (H) Once each month (or at more frequent intervals, if approved by Purchaser), Supplier may submit invoices for Services rendered. Supplier’s invoice must include the PO number, the agreed-to Standard Xxxx Rate and Overtime Xxxx Rate and Double-time Xxxx Rate and Payrollee Rate when applicable, documentation of the number of hours of Services rendered, and the name and GDLS Badge Number of each Supplier Personnel performing said Services. In addition, any pre-approved travel being invoiced must be submitted via the current GDLS expense reporting system. Travel not submitted via the current GDLS expense reporting system will not be reimbursed. All Supplier invoices shall be made only after receipt supported by copies of daily time slips and by such other supporting documents as Purchaser may reasonably require, including documentation of GDLS pre-approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer for travel. .
(I) Supplier shall submit all timecard or payment discrepancies within 60 calendar days of the State final day of Florida under Chapters 215 the month in which Services were rendered or in which reimbursable expenses were incurred. Purchaser shall not pay any timecard or payment discrepancies submitted by Supplier beyond the deadlines as specified in the preceding sentence. The only exception to the foregoing 60-day deadline is that Supplier shall submit all timecard or payment discrepancies for Services rendered from December 1st through December 31st by March 31st (90 days from December 31st) of the following year in which Services were rendered (“Year-End Date”). Timecard or payment discrepancies submitted after the Closed-Out Period will be not be processed or paid by GDLS. Failure of Supplier to submit timecard and 216payment discrepancies as required by these terms and conditions shall result in Supplier waiving its rights to payment, Florida Statutes and Supplier shall indemnify and hold harmless GDLS for any claim resulting, directly or the Departmentindirectly, therefrom (including without limitation any claim for payment from Supplier Personnel).
(J) Some work at Purchaser’s Comptroller under Section 334.044(29site is performed on an alternative work schedule (“9/80”), Florida Statutesfor which Purchaser defines its work week for the purpose of calculating overtime to be from 12:00 p.m. (noon) on Friday to 11:59 a.m. of the following Friday. If Supplier does not follow the “12:00 p.m. (noon) on Friday to 11:59 a.m. of the following Friday” work week definition for purposes of calculating overtime, then Supplier, not Purchaser, will pay and be liable for any overtime that Supplier Personnel may be entitled to receive outside of the “12:00 p.m. (noon) on Friday to 11:59 a.m. of the following Friday” work week, should they be assigned to work on a 9/80 schedule.
g. The Recipient (K) Supplier shall maintain an accounting system or separate accounts send written notice to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project recordsSupplier’s SCM representative immediately, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costs.but in no event later than five
Appears in 1 contract
Samples: Purchase Order Terms and Conditions
Compensation and Payment. a. The Department (A) No Supplier employee is to commence work without a prior, approved purchase order for each such person sent to Supplier’s company by GDLS. If any of Supplier’s contract labor personnel commences work without an individual purchase order, the work shall reimburse the Recipient be performed at Supplier’s risk; and any Invoice(s) submitted for costs incurred payment for Supplier employee’s work without an individual purchase order will be rejected by GDLS. No one at GDLS has authority to perform services described in the Project Description and Responsibilities in Exhibit “A”, and as set forth in the Schedule of Financial Assistance in Exhibit “B”authorize work except GDLS Supply Chain Management personnel via a purchase order.
b. The Recipient (B) Supplier shall not discuss purchase order rate information with any individual who is outside GDLS’ Supply Chain Management or Human Resources. Supplier shall not provide quantifiableany copy of the purchase order or documentation to any individual outside GDLS’ Supply Chain Management (SCM) or Human Resources. Only SCM and Human Resources personnel are authorized to discuss and negotiate rates on behalf of GDLS. As a service provider to GDLS, measurableSupplier’s strict adherence to GDLS’ policy is expected. All questions are to be directed to Purchaser’s Supply Chain Management (SCM) Buyer listed on your purchase order.
(C) Supplier shall be paid on the basis of Supplier personnel’s hours worked at the rates agreed to between Purchaser and Supplier, and verifiable units of deliverables. Each deliverable must specify the required minimum taking into account local labor market conditions, individuals’ level of service experience and nature of tasks to be performed (“Supplier Hourly Rate” or “Xxxx Rate”) as approved in Purchaser’s Applicant Tracking System. .
(D) The applicability of straight time, overtime and double-time shall be based upon federal and any applicable State laws as determined by the work location for Supplier personnel. Overtime Xxxx Rate shall not exceed 1.3 times the approved Standard Xxxx Rate. Double-time Xxxx Rate shall not exceed 1.7 times the approved Standard Xxxx Rate.
(E) In the event that Purchaser identifies one or more individuals that it would like Supplier to utilize in rendering the Services as a Supplier employee, if the Supplier does indeed hire these individuals to perform Services under this agreement, the Supplier shall be paid a standard 1.2 markup (20%) on all Services (“Payrollee Rate”) where Purchaser has identified selected candidate. Such xxxx up excludes any transfer of Supplier’s personnel to a new Supplier due to any termination of this agreement or to affect the transfer of assigned Supplier personnel for employment with GDLS or an alternate GDLS Supplier.
(F) Supplier shall be obligated to ensure compliance with all state, federal and other applicable laws in which Services are rendered, and the criteria for evaluating successful completion. The Project laws of any other locations Supplier personnel may be subject to that would apply to this Agreement, including all labor, employment, wage and the quantifiablehour, measurablesocial welfare, tax, unemployment and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both partiespension laws.
c. Invoices (G) The agreed upon Xxxx Rates and Payrollee Rate shall address Supplier’s obligation to pay and be inclusive of (a) any and all applicable employment taxes and withholdings, including FICA, SUTA, FUTA, state and local taxes and disability; (b) all required insurance including, but not limited to, workers’ compensation insurance, liability insurance and Defense Base & Act (“DBA”) insurance; and (c) any other obligations or statutory requirements of any nature, whether mandated by federal, state, local or municipal law or regulation arising from the provision of Services under this Agreement. Except as otherwise expressly set out in this Agreement, all fees and expenses shall be submitted paid by Supplier and there shall be no more often than monthly and no less than quarterly by the Recipient in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received and approved by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards additional or level of service other fees to be performed based on paid by Purchaser for Supplier’s performance of the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements.
e. Travel expenses are not compensable Services under this Agreement.
f. Payment (H) Once each month (or at more frequent intervals, if approved by Purchaser), Supplier may submit invoices for services rendered. The Supplier invoice must include the Purchase Order number, agreed-to Xxxx Rate and Overtime rate and Double-time rate when applicable, or Payrollee Rates, documentation of the number of hours of Services rendered, the identity of each individual performing said Services and Supplier Personnel’s GDLS Badge Number. In addition, any pre-approved travel being invoiced must be submitted via the current GDLS expense reporting system. Travel not submitted via the current GDLS expense reporting system will not be reimbursed. All Supplier invoices shall be made only after receipt supported by copies of daily time slips and by such other supporting documents as Purchaser may reasonably require, including documentation of GDLS pre-approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer for travel. .
(I) Supplier shall submit all timecard or payment discrepancies within 60 calendar days of the State final day of Florida under Chapters 215 the month in which Services were rendered or in which reimbursable expenses were incurred. Purchaser shall not pay any timecard or payment discrepancies submitted by Supplier beyond the deadlines as specified in the preceding sentence. An exception to the foregoing 60-day deadline, Supplier shall submit all timecard or payment discrepancies for Services rendered from December 1st through December 31st by March 31st (90 days from December 31st) of the following year in which Services were rendered (“Year-End Date”). Timecard or payment discrepancies submitted after the Closed-Out Period will be not be processed or paid by GDLS. Failure of Supplier to submit timecard and 216payment discrepancies as required by these terms and conditions shall result in Supplier waiving its rights to payment and Supplier shall indemnify and hold harmless GDLS for any claim resulting, Florida Statutes directly or the Departmentindirectly, therefrom.
(J) Some work at Purchaser’s Comptroller under Section 334.044(29site is performed on an alternative work schedule (“9/80”), Florida Statutesfor which Purchaser defines its work week for the purpose of calculating overtime to be from 12:00 p.m. (noon) on Friday to 11:59
a. m. of the following Friday. If Supplier does not follow the “12:00 p.m. (noon) on Friday to 11:59 a.m. of the following Friday” work week definition for purposes of calculating overtime, then Supplier, not Purchaser, will pay and be liable for any overtime that Supplier’s employee may be entitled to receive outside of the “12:00 p.m. (noon) on Friday to 11:59 a.m. of the following Friday” work week, should they be assigned to work on a 9/80 schedule.
g. The Recipient (K) Supplier shall maintain an accounting system or separate accounts send written notice to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project recordsSupplier’s SCM representative immediately, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costs.but in no event later than five
Appears in 1 contract
Samples: Purchase Order Terms and Conditions
Compensation and Payment. a. The Department shall reimburse 5.1 For the Recipient for costs incurred performance of the Services, Owner agrees to perform services described pay Contractor, in the Project Description manner and Responsibilities in Exhibit “A”at the times specified, the Compensation consisting of Hourly Unit Rate Payments and Other Direct Costs (jointly, "Compensation"), and make available the amounts needed for Owner to pay the Owner Costs, as such terms are defined in Attachment B, attached hereto and by this reference made a part hereof
5.2 In addition, promptly after the effective date of this Agreement, Contractor shall invoice Owner for any remaining amounts due for work performed by Contractor under the Letter of Intent between Owner and Contractor dated August 10, 1998, as amended. Owner shall pay Contractor such invoiced amounts within thirty (30) days after receipt of the invoice.
5.3 Any amounts due and remaining unpaid after the due date shall accrue interest, commencing on the day after the due date and compounded for each day thereafter until the date paid, at the rate equal to [CONFIDENTIAL TREATMENT REQUESTED] above the prime lending rate quoted to substantial and responsible commercial borrowers on ninety-day loans by the Xxxxxx Guarantee Trust Company, New York, on each day such interest accrues.
5.4 Any terms or conditions set forth on any invoice which are inconsistent with or in addition to the terms and conditions set forth in the Schedule of Financial Assistance in Exhibit “B”.
b. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties.
c. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received and approved by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements.
e. Travel expenses are not compensable under this Agreement.
f. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department’s Comptroller under Section 334.044(29), Florida Statutes.
g. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained of no effect. Each invoice for Compensation shall include the following information: first, in support of the Hourly Unit Rate Payments, the name and made available upon request to the Department at all times position of Contractor's employees that have performed Services during the period covered by the invoice, the number of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished hours worked by each such employee during that same period, the Hourly Unit Rate applicable to the Department upon request. Records of costs incurred include the Recipient's general accounting records each such employee and the project recordstotal amount payable to Contractor for Hourly Unit Rate Payments; second, together with supporting documents and records, in support of the contractor and all subcontractors performing work Other Direct Costs, the total amount owed for the Other Direct Costs during the period covered by the invoice, a description of the type of Other Direct Costs included in the invoice, a breakdown on a market-by-market basis of where the projectOther Direct Costs were incurred, and all other records receipts to support any Other Direct Costs in excess of twenty-five dollars; and third, in support of the contractor Owner Costs, the relevant invoices of Owner's contractors and subcontractors considered necessary by the Department for a proper audit of costs.suppliers. CONFIDENTIAL EXECUTION COPY
Appears in 1 contract
Samples: Project and Construction Management Services Agreement (Tritel Finance Inc)
Compensation and Payment. a. The Department shall reimburse the Recipient for costs incurred to perform services described in the Project Description and Responsibilities in Exhibit “A”, and as set forth in the Schedule of Financial Assistance in Exhibit “B”.B”.
b. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties.parties.
c. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received and approved by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department.Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements.Requirements.
e. Travel expenses are not compensable under this Agreement.Agreement.
f. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department’s Comptroller under Section 334.044(29), Florida Statutes. If the Department determines that the performance of the Recipient is unsatisfactory, the Department shall notify the Recipient of the deficiency to be corrected, which correction shall be made within a time-frame to be specified by the Department. The Recipient shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Recipient will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Department, the Recipient will not be reimbursed to the extent of the non-performance. The Recipient will not be reimbursed until the Recipient resolves the deficiency. If the deficiency is subsequently resolved, the Recipient may bill the Department for the unpaid reimbursement request(s) during the next billing period. If the Recipient is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement’s term. Recipients receiving financial assistance from the Department should be aware of the following time frames. Inspection and approval of deliverables and costs incurred shall take no longer than 20 days from the Department’s receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the deliverables and costs incurred are received, inspected, and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Recipient. Interest penalties of less than one (1) dollar will not be enforced unless the Recipient requests payment. Invoices that have to be returned to a Recipient because of Recipient preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Recipient who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (000) 000-0000.
g. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costs.costs.
Appears in 1 contract
Samples: Grant Agreement
Compensation and Payment. a. 5.1 The Construction Manager will be reimbursed for hours worked at the hourly rates specified in the Construction Manager’s Cost Proposal, (See Exhibit C). The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this agreement. In addition, the Construction Manager will be reimbursed for direct costs, other than salary costs, as shown in the Cost Proposal or as approved by the Contract Manager.
5.2 Construction Manager shall be responsible for any future adjustments to prevailing wage rates including but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. The Construction Manager is responsible for paying the appropriate rate, including escalations that take place during the term of the Preconstruction Services Contract.
5.3 A mistake, inadvertence, or neglect by the Construction Manager in failing to pay the correct rates of prevailing wage will be remedied solely by the Construction Manager and will not, under any circumstances, be considered as the basis of a claim against the Department on the Preconstruction Services Contract.
5.4 Transportation and subsistence costs to be reimbursed shall be the actual costs incurred, but not to exceed the rates stipulated in the Department of Transportation “Caltrans Travel Guide, Consultant/Contractors Travel Policy.” See xxxx://xxx.xxx.xx.xxx/hq/asc/travel/ch12.htm
5.5 To determine allowable incurred Subcontractor costs that are eligible for reimbursement, in addition to reimbursement for actual costs that are incurred, the Department will allow Subcontractor costs that are treated by the Construction Manager as accrued due to such costs having been billed to the Construction Manager and recognized by the Construction Manager and the Department as valid, undisputed, due and payable. By submitting accrued but unpaid Subcontractor costs for reimbursement, the Construction Manager agrees that within ten (10) days of receipt of reimbursement, the full amount submitted as a reimbursable accrued Subcontractor cost shall be paid to the Subcontractor.
5.6 The Construction Manager shall not commence performance nor will payment be made for any work performed prior to approval of this Preconstruction Services Contract by State and written notification to proceed has been issued by the Department’s Contract Manager, nor will any payment be made for work performed after the expiration date of this Preconstruction Services Contract. The Construction Manager will be reimbursed monthly in arrears for services satisfactorily rendered and approved by the Department’s Contract Manager, as promptly as fiscal procedures will permit upon receipt by the Department’s Contract Manager of itemized invoices.
5.7 Invoices shall be submitted showing the Work Breakdown Structure (WBS) level element for each billable hour increment and/or detail of work performed on each milestone, on each project as applicable. Invoicing shall include, but are not limited to, the Work Breakdown Structure (WBS) elements listed in Exhibit B for defined/related services and products. Incomplete invoices shall be returned unpaid to the Construction Manager for correction. The Department shall reimburse the Recipient for costs incurred to perform services described in the Project Description and Responsibilities in Exhibit “A”, and as set forth in the Schedule not pay disputed portions of Financial Assistance in Exhibit “B”invoices.
b. The Recipient shall provide quantifiable5.8 When prevailing wage rates apply, measurable, and verifiable units the Construction Manager must submit with each invoice a certified copy of deliverablesthe payroll for compliance verification. Each deliverable must specify Invoice payment will not be made until the required minimum level of service to be performed payroll has been verified and the criteria for evaluating successful completion. The Project and invoice approved by the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both partiesContract Manager.
c. 5.9 The sample invoice format can be found at xxxx://xxxxxxxx-xxxx.xx.xxx/aeinfo.htm. Invoices shall reference this Preconstruction Services Contract number and project title. Invoices shall be submitted no more often later than monthly and no less than quarterly 45 calendar days after completion of each billing period. Any credit, as provided under this Preconstruction Services Contract, due the Department must be reimbursed by the Recipient Construction Manager prior to the expiration or termination of this Preconstruction Services Contract. Invoices shall be mailed to the Department’s Consultant Services Unit at the following address: CALIFORNIA DEPARTMENT OF TRANSPORTATION Attn: America Xxxxxxxxx Consultant Services Manager 0000 Xxxxxx Xxxxxx San Diego, CA 92110
5.10 The final project invoice shall state the final cost and all credits due the Department. The final invoice should be submitted within 60 calendar days after completion of the services.
5.11 Payment will be made in detail sufficient for accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.
a. The total amount payable by the Department, resulting from this Preconstruction Services Contract, shall not exceed $4,000,000.00. It is understood and agreed that this total is an estimate, and that the actual amount of work requested by the Department may be less. There is no guarantee, either expressed or implied, as to the actual dollar amount that will be authorized under this Preconstruction Services Contract. In no event shall Scope of Work exceed this maximum.
b. Exhibit C, Cost Proposal, is subject to a proper pre-post award audit. After any post award audit and post-auditrecommendations are received, based on Exhibit C shall be adjusted by the quantifiable, measurable and verifiable deliverables as established in Exhibit “A”. Deliverables and costs incurred must be received Construction Manager and approved by the Department prior Contract Manager to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable conform to the Departmentaudit recommendations. The Recipient shall use Construction Manager agrees that individual items of cost identified in the format for audit report may be incorporated into the invoice and progress report that is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Preconstruction Services Contract Payment Requirements.
e. Travel expenses are not compensable under this Agreement.
f. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or at the Department’s Comptroller under Section 334.044(29), Florida Statutessole discretion. Refusal by the Construction Manager to incorporate the interim audit or post award recommendations will be considered a breach of the Preconstruction Services Contract terms and cause for termination of the Preconstruction Services Contract.
g. The Recipient c. Construction Manager, in consultation with Department, shall maintain submit an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and hourly budget for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, each of the contractor and all subcontractors performing work on the projectactivities listed in Exhibit B, and all other records Scope of the contractor and subcontractors considered necessary by the Work for Department for a proper audit of costsapproval.
Appears in 1 contract
Samples: Preconstruction Services Contract
Compensation and Payment. a. A. The Department shall reimburse the Recipient agrees to compensate City of Dade City for costs incurred to perform services described in the Project Description and Responsibilities in Exhibit “A”, and ” – Scope of Services. The method of compensation is included as set forth in the Schedule of Financial Assistance in Exhibit “BC”.
b. B. The Recipient Agency shall provide quantifiable, measurable, measurable and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The project identified as Project Number 41615517225, and the quantifiable, measurable, measurable and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties” – Scope of Services.
c. C. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient Agency in detail sufficient for a proper pre-pre- audit and post-audit, post audit based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit “A”” -Scope of Services. Deliverables and costs incurred must be received and approved by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved accepted in writing by the Department.’s Contract Manager prior to payments. Section 287.058 (1)(a), FS
d. D. Supporting documentation documents must establish that the deliverables were received and accepted in writing by the Recipient Agency and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A” has been – Scope of Services was met. All costs invoiced .
E. There shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements.
e. Travel expenses are not compensable no reimbursement for travel under this Agreement.
f. F. Payment shall be made only after receipt and approval of deliverables goods and costs incurred services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or FS if the Department determines that the performance of the Agency is unsatisfactory, the Department shall notify the Agency for the deficiency to be corrected, which correction shall be made within a time frame to be specified by the Department’s Comptroller under Section 334.044(29). The Agency shall, Florida Statutes.
g. within five days after notice from the Department, provide the Department with a corrective action plan describing how the Agency will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or non-compliance with the Agreement. If the corrective action plan is unacceptable to the Department, The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement Agency shall be maintained and made available upon request assessed a non-performance retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to the Department at all times during invoice for the period of this Agreement and for five years after final payment is madethen current billing period. Copies of these documents and records The retainage shall be furnished to withheld until the Department upon requestAgency resolves the deficiency. Records of costs incurred include If the Recipient's general accounting records and deficiency is subsequently resolved, the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by Agency may bill the Department for a proper audit the retained amount during the next billing period. If the Agency is unable to resolve the deficiency, the funds retained may be forfeited at the end of costs.the Agreement term. Section 287.058 (1)(h), FS
Appears in 1 contract
Samples: Maintenance Agreement
