Common use of Payment Provisions Clause in Contracts

Payment Provisions. The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (xxx.xxxx.xxx). A. Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate, and Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibits “D” and “E” attached hereto and by reference made part of this AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT’s direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted negotiated rates shall be applicable from the approval date, as memorialized in a final written acknowledgment, to 180 days following the CONSULTANT’s fiscal year end (FYE) date. The direct (raw) labor rates and classifications, as shown on Exhibits “D” and “E” shall be subject to renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must be made to the other party within ninety (90) days following the CONSULTANT’s FYE date. If no such written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits “D” and “E” will remain in effect for the twelve (12) month period. Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12 month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications, the AGENCY shall perform an audit of the CONSULTANT’s books and records to determine the CONSULTANT’s actual costs. The audit findings will establish the direct (raw) labor rates and classifications that will applicable for the twelve (12) month period. The fee as identified in Exhibits “D” and “E” shall represent a value to be applied throughout the life of the AGREEMENT. The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year rate under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These rates will be applicable for the twelve (12) month period. At the AGENCY’s option, a provisional and/or conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect cost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized in a final written acknowledgment. The CONSULTANT shall maintain and have accessible support data for verification of the components of the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fee (profit) percentage. The CONSULTANT shall bill each employee’s actual classification, and actual salary plus indirect cost rate plus fee. A. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges, and fees of sub-consultants. Air or train travel will be reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the WSDOT’s Accounting Manual M 13-82, Chapter 10 – Travel Rules and Procedures, and all revisions thereto. Air, train, and rental card costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 “Travel Costs.” The billing for Direct Non-salary Costs shall include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES provided under this AGREEMENT. B. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (1.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, “Extra Work.” No minimum amount payable is guaranteed under this AGREEMENT. C. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in A and B above. Detailed statements shall support the monthly xxxxxxxx for hours expended at the rates established in Exhibit “D,” including names and classifications of all employees, and xxxxxxxx for all direct non-salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT’s employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the time of the interview.

Appears in 16 contracts

Samples: Consultant Agreement, Consultant Agreement, Consultant Agreement

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Payment Provisions. The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (xxx.xxxx.xxx). A. Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate, and Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated thenegotiated hourly rates shown in Exhibits “D” and “E” attached hereto and by reference made part of this AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT’s direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates shall ratesshall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted negotiated rates shall be applicable from the approval date, as memorialized in a final written acknowledgment, to 180 days following the CONSULTANT’s fiscal year end (FYE) date. The direct (raw) labor rates and classifications, as shown on Exhibits “D” and “E” shall be subject to renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must be made to the other party within ninety (90) days following the CONSULTANT’s FYE date. If no such written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits “D” and “E” will remain in effect for the twelve (12) month period. Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12 12-month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications, the AGENCY shall perform an audit of the CONSULTANT’s books and records to determine the CONSULTANT’s actual costs. The audit findings will establish the direct (raw) labor rates and classifications that will be applicable for the twelve (12) month period. The fee as identified in Exhibits “D” and “E” shall represent a value to be applied throughout the life of the AGREEMENT. The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year rate under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These rates will be applicable for the twelve (12) month period. At the AGENCY’s option, a provisional and/or conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect cost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized in a final written acknowledgment. The CONSULTANT shall maintain and have accessible support data for verification of the components of the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fee (profit) percentage. The CONSULTANT shall bill each employee’s actual classification, and actual salary plus indirect cost rate plus fee. A. B. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance longdistance telephone, supplies, computer charges, and fees of sub-consultants. Air Air, rental car or train travel will be reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules Transportation, Lodging, Meals and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the WSDOT’s Accounting Manual M 13-82, Chapter 10 – Travel Rules and Procedures, and all revisions thereto. Air, train, and rental card incidental costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 “Travel Costs.” Charges for lodging, meals, and transportation shall conform to the current U.S. General Services Administration (GSA) rates. Supporting documentation of all travel, lodging, and meal charges shall be provided with the CONSULTANT’s invoice. The billing for Direct Non-salary Costs shall include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the STATE AGENCY upon request. All above charges must be necessary for the SERVICES provided under this AGREEMENT. B. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (1.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, “Extra Work.” No minimum amount payable is guaranteed under this AGREEMENT. C. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in A and B above. Detailed statements shall support the monthly xxxxxxxx for hours expended at the rates established in Exhibit “D,” including names and classifications of all employees, and xxxxxxxx for all direct non-salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT’s employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the time of the interview.

Appears in 8 contracts

Samples: Consultant Agreement, Consultant Agreement, Consultant Agreement

Payment Provisions. The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (xxx.xxxx.xxx). A. Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate, and Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibits “D” and “E” attached hereto and by reference made part of this AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT’s direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted negotiated rates shall be applicable from the approval date, as memorialized in a final written acknowledgment, to 180 days following the CONSULTANT’s fiscal year end (FYE) date. The direct (raw) labor rates and classifications, as shown on Exhibits “D” and “E” shall be subject to renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must be made to the other party within ninety (90) days following the CONSULTANT’s FYE date. If no such written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits “D” and “E” will remain in effect for the twelve (12) month period. Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12 month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications, the AGENCY shall perform an audit of the CONSULTANT’s books and records to determine the CONSULTANT’s actual costs. The audit findings will establish the direct (raw) labor rates and classifications that will applicable for the twelve (12) month period. The fee as identified in Exhibits “D” and “E” shall represent a value to be applied throughout the life of the AGREEMENT. The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year rate under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These rates will be applicable for the twelve (12) month period. At the AGENCY’s option, a provisional and/or conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect cost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized in a final written acknowledgment. The CONSULTANT shall maintain and have accessible support data for verification of the components of the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fee (profit) percentage. The CONSULTANT shall bill xxxx each employee’s actual classification, and actual salary plus indirect cost rate plus fee. A. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges, and fees of sub-consultants. Air or train travel will be reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the WSDOT’s Accounting Manual M 13-82, Chapter 10 – Travel Rules and Procedures, and all revisions thereto. Air, train, and rental card costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 “Travel Costs.” The billing for Direct Non-salary Costs shall include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES provided under this AGREEMENT. B. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (1.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, “Extra Work.” No minimum amount payable is guaranteed under this AGREEMENT. C. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in A and B above. Detailed statements shall support the monthly xxxxxxxx for hours expended at the rates established in Exhibit “D,” including names and classifications of all employees, and xxxxxxxx for all direct non-salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT’s employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the time of the interview.

Appears in 5 contracts

Samples: Consultant Agreement, Consultant Agreement, Consultant Agreement

Payment Provisions. The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (xxx.xxxx.xxx). A. Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate, and Fixed Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibits “D” and “E” attached hereto and by reference made part of this AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT’s direct labor rates and indirect cost rate computations and agreed upon fixed fee. The accepted negotiated rates shall be memorialized in a final written acknowledgment acknowledgement between the parties. Such final written acknowledgment acknowledgement shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted negotiated rates shall be applicable from the approval date, as memorialized in a final written acknowledgmentacknowledgement, to 180 days following the CONSULTANT’s fiscal year end (FYE) date. The direct (raw) labor rates and classifications, as shown on Exhibits “D” and “E” shall be subject to renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must be made to the other party within ninety (90) days following the CONSULTANT’s FYE date. If no such written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits “D” and “E”, will remain in effect for the twelve (12) month period. Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12 12) month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment acknowledgement between the parties. Such final written acknowledgment acknowledgement shall be incorporated into, and become a part of, this AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications, the AGENCY shall perform an audit of the CONSULTANT’s books and records to determine the CONSULTANT’s actual costs. The audit findings will establish the direct (raw) labor rates and classifications that will applicable for the twelve (12) month period. The fee as identified in Exhibits “D” and “E” shall represent a value to be applied throughout the life of the AGREEMENT. The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year rate under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These rates will be applicable for the twelve (12) month period. At the AGENCY’s option, a provisional and/or conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect cost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized in a final written acknowledgment. The CONSULTANT shall maintain and have accessible support data for verification of the components of the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fee (profit) percentage. The CONSULTANT shall bill each employee’s actual classification, and actual salary plus indirect cost rate plus fee. A. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges, and fees of sub-consultants. Air or train travel will be reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the WSDOT’s Accounting Manual M 13-82, Chapter 10 – Travel Rules and Procedures, and all revisions thereto. Air, train, and rental card costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 “Travel Costs.” The billing for Direct Non-salary Costs shall include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES provided under this AGREEMENT. B. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (1.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, “Extra Work.” No minimum amount payable is guaranteed under this AGREEMENT. C. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in A and B above. Detailed statements shall support the monthly xxxxxxxx for hours expended at the rates established in Exhibit “D,” including names and classifications of all employees, and xxxxxxxx for all direct non-salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT’s employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the time of the interview.this

Appears in 2 contracts

Samples: Consultant Agreement, Consultant Agreement

Payment Provisions. The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (xxx.xxxx.xxx). A. Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate, and Fixed Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibits “D” and “E” attached hereto and by reference made part of this AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT’s 's direct labor rates and indirect cost rate computations and agreed upon fixed fee. The accepted negotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted negotiated rates shall be applicable from the approval date, as memorialized in a final written acknowledgment, to 180 days following the CONSULTANT’s 's fiscal year end (FYE) date. The direct (raw) labor rates and classifications, as shown on Exhibits “D” and “E” shall be subject to t renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must be made to the other party within ninety (90) days following the CONSULTANT’s 's FYE date. If no such written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits “D” and “E” will remain in effect for the twelve (12) month period. Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12 month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications, the AGENCY shall perform an audit of the CONSULTANT’s 's books and records to determine the CONSULTANT’s 's actual costs. The audit findings will establish the direct (raw) labor rates and classifications that will applicable for the twelve (12) month period. The fixed fee as identified in Exhibits “D” and “E” shall represent a value to be applied throughout the life of the AGREEMENT. The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year rate under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These rates will be applicable for the twelve (12) month period. At the AGENCY’s 's option, a provisional and/or conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect cost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized in a final written acknowledgment. The CONSULTANT shall maintain and have accessible support data for verification of the components of the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fixed fee (profit) percentage. The CONSULTANT shall bill each employee’s 's actual classification, and actual salary plus indirect cost rate plus fixed fee. A. B. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges, charges and fees of sub-consultants. Air or train travel will be reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the WSDOT’s 's Accounting Manual M 13-82, Chapter 10 – Travel Rules and Procedures, and all revisions thereto. Air, train, train and rental card costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 “Travel Costs.” The billing for Direct Non-salary Costs shall include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES provided under this AGREEMENT. B. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (1.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, “Extra Work.” No minimum amount payable is guaranteed under this AGREEMENT. C. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in A and B above. Detailed statements shall support the monthly xxxxxxxx for hours expended at the rates established in Exhibit “D,” including names and classifications of all employees, and xxxxxxxx for all direct non-salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT’s employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the time of the interview.

Appears in 2 contracts

Samples: Consultant Agreement, Consultant Agreement

Payment Provisions. The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (xxx.xxxx.xxx). A. Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate, and Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibits “D” and “E” attached hereto and by reference made part of this AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT’s direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted negotiated rates shall be applicable from the approval date, as memorialized in a final written acknowledgment, to 180 days following the CONSULTANT’s fiscal year end (FYE) date. The direct (raw) labor rates and classifications, as shown on Exhibits “D” and “E” shall be subject to renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must be made to the other party within ninety (90) days following the CONSULTANT’s FYE date. If no such written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits “D” and “E”, will remain in effect for the twelve (12) month period. Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12 12) month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment acknowledgement between the parties. Such final written acknowledgment acknowledgement shall be incorporated into, and become a part of, this AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications, the AGENCY shall perform an audit of the CONSULTANT’s books and records to determine the CONSULTANT’s actual costs. The audit findings will establish the direct (raw) labor rates and classifications that will be applicable for the twelve (12) month period. The fee as identified in Exhibits “D” and “E” shall represent a value to be applied throughout the life of the AGREEMENT. The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year rate rates under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These rates will be applicable for the twelve (12) month period. At the AGENCY’s option, a provisional and/or conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect cost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized in a final written acknowledgmentacknowledgement. The CONSULTANT shall maintain and have accessible support data for verification of the components of the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fee (profit) percentage. The CONSULTANT shall bill each employee’s actual classification, and actual salary plus indirect cost rate plus fee. A. B. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges, and fees of sub-consultants. Air or train travel will be reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the WSDOT’s ’S Accounting Manual M 13-13- 82, Chapter 10 – Travel Rules and Procedures, and all revisions thereto. Air, train, train and rental card costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 “Travel Costs.” The billing for Direct Nondirect non-salary Costs costs shall include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the STATE AGENCY upon request. All above charges must be necessary for the SERVICES provided under this AGREEMENT. B. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (1.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, “Extra Work.” No minimum amount payable is guaranteed under this AGREEMENT. C. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in A and B above. Detailed statements shall support the monthly xxxxxxxx for hours expended at the rates established in Exhibit “D,” including names and classifications of all employees, and xxxxxxxx for all direct non-salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT’s employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the time of the interview.

Appears in 2 contracts

Samples: Professional Services, Consultant Agreement

Payment Provisions. The CONSULTANT All payments to the District shall be paid conditioned upon: 1. The NWESD or its designee determines that the services or goods provided by the AGENCY District are satisfactory, provided that such determination shall be made within a reasonable time and not be unreasonably withheld; and 2. The District timely submits to the NWESD Fiscal Department by sending quarterly invoices to: xxxxxxxx_xxxxxxx@xxxxx.xxx detailing the services or goods rendered for completed SERVICES rendered requested payment. Each invoice shall also include a transaction recap for all District RN services, and should not include LPN, Nursing Assistant, or Health Room Assistant services. 3. Prior to any payments being issued by the NWESD, the District will submit the attached certified Attestation for Services form for each District RN. This is an annual form to be submitted once at the beginning of the school year. 4. Any date(s) specified herein for payment(s) to the District shall be considered extended as necessary to process and deliver payment. Such extension will not be greater than thirty (30) days following delivery of satisfactory services or goods and receipt of the appropriate invoices, whichever occurs later. 5. The NWESD must meet certain legal and fiscal requirements and timely submit proper receipts and documentation in order to receive grant moneys earmarked for the goods or services provided under this AGREEMENT as provided hereinafterContract. Such payment At a minimum, the grant(s) relevant to this Contract require that the final invoice be submitted to NWESD no later than July 30, 2025 for work completed no later than June 30, 2025. If the NWESD is unable to receive grant moneys due to invoices that are incomplete or untimely submitted, then the NWESD shall be full compensation unable to pay the District for SERVICES performed the goods or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (xxx.xxxx.xxx)services covered by such invoices. A. Hourly Rates: Hourly rates are comprised 6. NWESD enters into this contract based on the assumption the SNC program will be funded by the State at the level approved by the legislature in the annual budget appropriation to allow services as indicated in Section IV of this contract. However, if the Governor indicates reduced State revenues require mid-year reductions to State programs, the SNC program may be impacted. Should such funding be reduced below the anticipated level, the District agrees NWESD is not liable for any costs incurred in excess of the following elements - Direct (Raw) Labor, Indirect Cost Rate, and Fee (Profit)reduced funding level. The CONSULTANT A written amendment shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibits “D” and “E” attached hereto and by reference made part of this AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT’s direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted negotiated rates shall be applicable from the approval date, as memorialized in a final written acknowledgment, to 180 days following the CONSULTANT’s fiscal year end (FYE) date. The direct (raw) labor rates and classifications, as shown on Exhibits “D” and “E” shall be subject to renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must be made to the other party within ninety (90) days following the CONSULTANT’s FYE date. If no such written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits “D” and “E” will remain this contract to incorporate any change in effect for the twelve (12) month period. Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12 month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications, the AGENCY shall perform an audit of the CONSULTANT’s books and records to determine the CONSULTANT’s actual costs. The audit findings will establish the direct (raw) labor rates and classifications that will applicable for the twelve (12) month period. The fee as identified in Exhibits “D” and “E” shall represent a value to be applied throughout the life of the AGREEMENT. The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year rate under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These rates will be applicable for the twelve (12) month period. At the AGENCY’s option, a provisional and/or conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect cost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized in a final written acknowledgment. The CONSULTANT shall maintain and have accessible support data for verification of the components of the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fee (profit) percentage. The CONSULTANT shall bill each employee’s actual classification, and actual salary plus indirect cost rate plus feefunding. A. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges, and fees of sub-consultants. Air or train travel will be reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the WSDOT’s Accounting Manual M 13-82, Chapter 10 – Travel Rules and Procedures, and all revisions thereto. Air, train, and rental card costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 “Travel Costs.” The billing for Direct Non-salary Costs shall include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES provided under this AGREEMENT. B. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (1.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, “Extra Work.” No minimum amount payable is guaranteed under this AGREEMENT. C. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in A and B above. Detailed statements shall support the monthly xxxxxxxx for hours expended at the rates established in Exhibit “D,” including names and classifications of all employees, and xxxxxxxx for all direct non-salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT’s employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the time of the interview.

Appears in 2 contracts

Samples: Contract, Contract

Payment Provisions. The CONSULTANT Department agrees to pay the Grantee for the services rendered pursuant to this Grant Agreement as follows: A. Subject to the availability of State and Federal funds and the other terms and conditions of this grant, the Department will reimburse the Grantee in accordance with Rider 3 for providing the Region 2 services described in Rider 2, up to the maximum, estimated amount of $300,000 available for the period of October 1, 2021 through September 30, 2022 (“Initial Term”), as it may be adjusted pursuant to Paragraph 5 of the Grant Agreement, and no payments shall be paid made under this grant for the Initial Grant term in excess of that amount. B. Payment to the Grantee in the amount stated in Paragraph A shall be made in accordance with the Budget set forth in Rider 3 and Refugee Health Assessment Fee Schedule (“Fee Schedule”) set forth in Rider 3, Attachment A as follows: 1. Using the format prescribed by DHS, the Grantee must submit a Monthly Invoice to the Department, consisting of refugee health assessment services and screenings provided a given month. The Monthly Invoice must include all the following information: a. The Grant Number; b. Grantee’s SAP Vendor Number; c. The time period covered by the AGENCY invoice; d. The amount of each service provided by Service Code; e. The fee by Service Code, as set forth in the Fee Schedule; f. The total amount being invoiced by Service Code; g. The name and title of the person preparing the Monthly Invoice; and h. The date of submission. The Grantee must invoice using the all-inclusive fees set forth in the Fee Schedule. The Grantee’s authorized representative must sign and date all reimbursement requests. 2. For all services being invoiced, Grantee must submit, in a separate document, a detailed listing of each individual who received services and the date and types of services requested. 3. The Grantee must email a signed copy of the Monthly Invoice to DHS’s resource account, XX-XXX_Xxxxxxx@xx.xxx. DHS will review and forward the Monthly Invoice to the State Refugee Health Coordinator within the Department of Health for completed SERVICES review and approval. If approved, the invoice will be processed. If issues are found, DHS will contact the Grantee to revise and resubmit the monthly invoice. 4. The Department shall have the right to disapprove any expenditure made by the Grantee which is not in accordance with the terms of this Grant Agreement and adjust payment to the Grantee accordingly. Any duplication of payment requests for services rendered under this AGREEMENT grant may result in termination of this Grant Agreement by the Department. 5. The Grantee must receive the Department’s prior written approval to reallocate funds among line items within its budget. The Grantee may request approval for budget reallocations, as provided hereinafterneeded, throughout the fiscal year, with all final requests received by the Department prior to July 15th. Such payment In its sole discretion, the Department may approve requests for reallocations received after July 15th. 6. Grantee shall be full compensation for SERVICES performed or SERVICES rendered and account for all labor, materials, supplies, equipment, interest earned on the payments made under this grant and incidentals necessary use it for expenditures in accordance with the terms of this Grant Agreement. Interest income earned may only be used to complete SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (xxx.xxxx.xxx)increase services provided under this Grant and may not be used for Administrative costs. A. Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate, C. The Grantee must maintain supporting documentation for all fiscal and Fee (Profit). The CONSULTANT shall be paid programmatic activity under this Grant Agreement and make this documentation available for review by the AGENCY Department or its representatives upon request. Failure to provide documentation within the timeframe prescribed by the Department may result in a payment delay for work doneoutstanding invoices submitted by the Grantee. This grant is subject to audit by Federal and Commonwealth agencies and their designees in accordance with Audit Clause A, based upon the negotiated hourly rates shown in Exhibits “D” and “E” attached hereto and by reference made as part of this AGREEMENTRider 5. These negotiated hourly rates will be accepted based on a review of the CONSULTANT’s direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted negotiated rates shall be applicable from the approval date, as memorialized in a final written acknowledgment, to 180 days following the CONSULTANT’s fiscal year end (FYE) date. The direct (raw) labor rates and classifications, as shown on Exhibits “D” and “E” shall be subject to renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must be made to the other party within ninety (90) days following the CONSULTANT’s FYE date. If no such written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits “D” and “E” will remain in effect for the twelve (12) month period. Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12 month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications, the AGENCY shall perform an audit of the CONSULTANT’s books and records to determine the CONSULTANT’s actual costs. The audit findings will establish the direct (raw) labor rates and classifications that will applicable for the twelve (12) month period. The fee as identified in Exhibits “D” and “E” shall represent a value to be applied throughout the life of the AGREEMENT. The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year rate under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These rates will be applicable for the twelve (12) month period. At the AGENCY’s option, a provisional and/or conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect cost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized in a final written acknowledgment. The CONSULTANT shall maintain and have accessible support data for verification of the components of the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fee (profit) percentage. The CONSULTANT shall bill each employee’s actual classification, and actual salary plus indirect cost rate plus fee. A. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges, and fees of sub-consultants. Air or train travel will be reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT Grantee shall comply with the rules and regulations regarding travel costs (excluding airUniform Administrative Requirements, trainCost Principles, and rental car costs) in accordance with Audit Requirements for HHS Awards (45 C.F.R. Part 75). Regardless of the WSDOT’s Accounting Manual M 13-82level of audit conducted, Chapter 10 – Travel Rules and Procedures, and all revisions thereto. Air, train, and rental card costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 “Travel Costs.” The billing for Direct Non-salary Costs the Grantee shall include an itemized listing a Supplementary Schedule which consists of a Budget to Actual presentation in the charges directly identifiable with these SERVICESsame format and level of detail as Rider 3, Budget, including all updates and revisions. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the STATE upon request. All above charges Grantee must be necessary for the SERVICES provided under this AGREEMENT. B. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (1.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, “Extra Work.” No minimum amount payable is guaranteed under this AGREEMENT. C. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in A allowable and B above. Detailed statements shall support the monthly xxxxxxxx for hours expended at the rates established in Exhibit “D,” including names and classifications of all employees, and xxxxxxxx for all direct non-salary expenses. To provide a means of verifying the billed salary reimbursable costs for the CONSULTANT’s employeesGrant for the state fiscal year. The Department will use this Schedule for reconciliation and settlement for the state fiscal year. D. The Department will make payments to the Grantee through Automated Clearing House (“ACH”) Network. Within 10 days of the grant award, the AGENCY may conduct employee interviewsGrantee must submit or must have already submitted its ACH and electronic addenda information (obtained at xxx.xxxxxxxxxxxxxxxxxx.xxxxx.xx.xx/xxxx/xxxxx/Xxxxx/XXX-XXXxxxxxxxxxxxxxx.xxx) to the Commonwealth’s Payable Service Center, Vendor Data Management Unit at 717-214- 0140 (FAX) or by mail to the Office of Comptroller Operations, Bureau of Payable Services, Payable Service Center, Vendor Data Management Unit, 000 Xxxxxx Xxxxxx – 0xx Xxxxx, Xxxxxxxxxx, XX 00000. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work The Grantee must submit a unique invoice number with each invoice/cash needs request submitted. The unique invoice number will be listed on the SERVICES at Commonwealth of Pennsylvania’s ACH remittance advice to enable the time Grantee to properly apply the state agency’s payment to the respective invoice/cash needs request or program. It is the responsibility of the interviewGrantee to ensure that the ACH information contained in the Commonwealth’s central vendor master file is accurate and complete. Failure to maintain accurate and complete information may result in delays in payments.

Appears in 1 contract

Samples: Grant Agreement

Payment Provisions. The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (xxx.xxxx.xxx). A. Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate, and Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibits “D” and “E” attached hereto and by reference made part of this AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT’s direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted negotiated rates shall be applicable from the approval date, as memorialized in a final written acknowledgment, to 180 days following the CONSULTANT’s fiscal year end (FYE) date. The direct (raw) labor rates and classifications, as shown on Exhibits “D” and “E” shall be subject to renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must be made to the other party within ninety (90) days following the CONSULTANT’s FYE date. If no such written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits “D” and “E” will remain in effect for the twelve (12) month period. Sample Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12 month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications, the AGENCY shall perform an audit of the CONSULTANT’s books and records to determine the CONSULTANT’s actual costs. The audit findings will establish the direct (raw) labor rates and classifications that will applicable for the twelve (12) month period. The fee as identified in Exhibits “D” and “E” shall represent a value to be applied throughout the life of the AGREEMENT. The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year rate under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These rates will be applicable for the twelve (12) month period. At the AGENCY’s option, a provisional and/or conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect cost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized in a final written acknowledgment. The CONSULTANT shall maintain and have accessible support data for verification of the components of the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fee (profit) percentage. The CONSULTANT shall bill each employee’s actual classification, and actual salary plus indirect cost rate plus fee. A. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges, and fees of sub-consultants. Air or train travel will be reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the WSDOT’s Accounting Manual M 13-82, Chapter 10 – Travel Rules and Procedures, and all revisions thereto. Air, train, and rental card costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 “Travel Costs.” The billing for Direct Non-salary Costs shall include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES provided under this AGREEMENT. B. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (1.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, “Extra Work.” No minimum amount payable is guaranteed under this AGREEMENT. C. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in A and B above. Detailed statements shall support the monthly xxxxxxxx for hours expended at the rates established in Exhibit “D,” including names and classifications of all employees, and xxxxxxxx for all direct non-salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT’s employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the time of the interview.. Sample

Appears in 1 contract

Samples: Local Agency A&e Professional Services Negotiated Hourly Rate Consultant Agreement

Payment Provisions. The CONSULTANT 10.1 Weekly Net Payments prior to the Third Restatement Adjustment Date. Prior to the Third Restatement Date: (a) For each Production Week, Xxxx shall provide the Company with a net settlement statement in connection with each Production Week setting forth (i) the Weekly Supply Value (as defined below) and (ii) the Weekly Product Value (as defined below) as per the scheduled dates to be agreed on or before the Commencement Date. Provided no Default or Event of Default has occurred and is continuing, the Net Payment for any week shall be paid calculated as set forth in Section 10.1(e) below. Xxxx shall notify the Company of the Net Payment for a Production Week by the AGENCY close of business on the first Business Day following such Production Week. The Net Payment for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment any Production Week shall be full compensation due from the Party owing such amount on the applicable Payment Date specified on Schedule G hereto; provided that in no event shall payment be due earlier than two (2) Business Days after Xxxx has provided notification of the Net Payment for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (xxx.xxxx.xxx)a Production Week. A. Hourly Rates: Hourly rates are comprised (b) If a Default or an Event of Default has occurred and is continuing, then the following elements - Direct (RawNon-Defaulting Party may, at its option and without limiting any other rights or remedies it may have hereunder or otherwise, suspend the requirement under Section 10.1(a) Labor, Indirect Cost Rate, that payments be made weekly on a net basis and Fee (Profit). The CONSULTANT in lieu thereof the Defaulting Party shall be paid required to pay all amounts upon demand. (c) As used herein, the “Weekly Supply Value” shall be calculated as follows: (i) Using the Tank Balance Volume Report and Alon Other Barrel Report provided by the AGENCY Company, Xxxx will calculate the “Crude Consumption Volume” for work doneeach Crude Storage Tank as follows: Beginning Inventory plus Receipts minus Ending Inventory minus Other Barrels, based upon each as reflected on the negotiated hourly rates shown in Exhibits “D” Tank Balance Volume Report and “E” attached hereto and by reference made part of this AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT’s direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted negotiated rates shall be applicable from the approval date, as memorialized in a final written acknowledgment, to 180 days following the CONSULTANT’s fiscal year end Alon Other Barrel Report (FYE) date. The direct (raw) labor rates and classifications, as shown on Exhibits Schedule H). To obtain the DDaily Crude Consumption Volumeand Xxxx will sum the Crude Consumption Volumes for the Crude Oil Group. The EWeekly Consumption Volume” shall be subject equal to renegotiations the sum of the Daily Crude Consumption Volumes for each subsequent twelve day in the Production Week. (12ii) month period (180 days following FYE date to 180 days following FYE date) upon written request of Xxxx will use the CONSULTANT or the AGENCY. The written request must be made to the other party within ninety (90) days following the CONSULTANT’s FYE date. If no such written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits “D” and “E” will remain in effect Contract Nominations for the twelve (12) month period. Conversely, if a timely request is made in respective Delivery Month to allocate the manner set forth above, the parties will commence negotiations to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12 month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications, the AGENCY shall perform an audit of the CONSULTANT’s books and records to determine the CONSULTANT’s actual costs. The audit findings will establish the direct (raw) labor rates and classifications that will applicable for the twelve (12) month period. The fee as identified in Exhibits “D” and “E” shall represent a value to be applied throughout the life of the AGREEMENT. The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the close of its fiscal year. An approved updated indirect cost rate shall be Weekly Consumption Volume among those crude grades included in the current fiscal year rate under this AGREEMENTContract Nominations. For each crude grade so nominated, even if/when other components Xxxx will determine a “Grade Percentage” which shall be equal to the nominated volume of such crude grade divided by the total volume of crude nominated. (iii) The “Weekly Grade Value” shall be an amount equal to (1) the Weekly Consumption Volume, multiplied by (2) the applicable Grade Percentage, multiplied by (3) the applicable Weekly Price, as set forth on Schedule B, plus $[***] per Barrel, multiplied by (4) negative one “-1”. If for such month Xxxx does not enter any Crude Oil Procurement Contracts, the Weekly Price will equal the sum of the hourly rate are not renegotiated. These rates will be applicable closing settlement price on the New York Mercantile Exchange for the twelve first nearby Light Crude Futures contract for the trading days in the relevant invoice period, as outlined on Schedule G. (12iv) month periodThe “Weekly Supply Value” shall be an amount equal to sum of all applicable Weekly Grade Values for the Production Week. (d) As used herein, the “Weekly Product Value” shall be calculated as follows: (i) Using the Tank Balance Volume Report provided by the Company, Xxxx will calculate the “Production Volume” for each Product Storage Tank as follows: Ending Inventory plus Sales (determined on a net volume basis) minus Beginning Inventory, each as reflected on the Tank Balance Volume Report. At To obtain the AGENCY’s option“Daily Production Volume” for each Product Group, a provisional and/or conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until Xxxx will sum the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during Production Volumes for each of the provisional or conditional period will not be adjustedapplicable Product Storage Tanks. The CONSULTANT may request an extension “Weekly Production Volume” shall be equal to the sum of the last approved indirect cost rate Daily Production Volumes by Product Group for each day in the Production Week. (ii) For each Product Group, the “Weekly Product Value” shall be an amount equal to (1) the Weekly Production Volumes, multiplied by (2) the applicable Weekly Price, as set forth on Schedule B. (iii) The “Total Weekly Product Value” shall be an amount equal to the sum of all applicable Weekly Product Values for all Product Groups for the twelve Production Week. (12e) month periodThe “Net Payment” for any Production Week shall be an amount equal to the sum of (1) the Total Weekly Product Value and (2) the Weekly Supply Value. These requests for provisional indirect cost rate and/or extension If this is a negative amount, the absolute value will be considered on a case-by-case basis, represent an amount payable to Xxxx and if grantedthis is a positive amount, it will be memorialized in a final written acknowledgment. The CONSULTANT shall maintain and have accessible support data for verification of the components of the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fee (profit) percentage. The CONSULTANT shall bill each employee’s actual classification, and actual salary plus indirect cost rate plus fee. A. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost represent an amount payable to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges, and fees of sub-consultants. Air or train travel will be reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the WSDOT’s Accounting Manual M 13-82, Chapter 10 – Travel Rules and Procedures, and all revisions thereto. Air, train, and rental card costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 “Travel CostsCompany.” The billing for Direct Non-salary Costs shall include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES provided under this AGREEMENT. B. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (1.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, “Extra Work.” No minimum amount payable is guaranteed under this AGREEMENT. C. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in A and B above. Detailed statements shall support the monthly xxxxxxxx for hours expended at the rates established in Exhibit “D,” including names and classifications of all employees, and xxxxxxxx for all direct non-salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT’s employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the time of the interview.

Appears in 1 contract

Samples: Supply and Offtake Agreement (Delek US Holdings, Inc.)

Payment Provisions. The CONSULTANT Department agrees to pay the Grantee for the services rendered pursuant to this Grant Agreement as follows: A. Subject to the availability of State and Federal funds and the other terms and conditions of this grant, the Department will reimburse the Grantee in accordance with Rider 3 for providing the Region 3 services described in Rider 2, up to the maximum, estimated amount of $300,000 available for the period of October 1, 2021 through September 30, 2022 (“Initial Term”), as it may be adjusted pursuant to Paragraph 5 of the Grant Agreement, and no payments shall be paid made under this grant for the Initial Grant term in excess of that amount. B. Payment to the Grantee in the amount stated in Paragraph A shall be made in accordance with the Budget set forth in Rider 3 and Refugee Health Assessment Fee Schedule (“Fee Schedule”) set forth in Rider 3, Attachment A as follows: 1. Using the format prescribed by DHS, the Grantee must submit a Monthly Invoice to the Department, consisting of refugee health assessment services and screenings provided a given month. The Monthly Invoice must include all the following information: a. The Grant Number; b. Grantee’s SAP Vendor Number; c. The time period covered by the AGENCY invoice; d. The amount of each service provided by Service Code; e. The fee by Service Code, as set forth in the Fee Schedule; f. The total amount being invoiced by Service Code; g. The name and title of the person preparing the Monthly Invoice; and h. The date of submission. The Grantee must invoice using the all-inclusive fees set forth in the Fee Schedule. The Grantee’s authorized representative must sign and date all reimbursement requests. 2. For all services being invoiced, Grantee must submit, in a separate document, a detailed listing of each individual who received services and the date and types of services requested. 3. The Grantee must email a signed copy of the Monthly Invoice to DHS’s resource account, XX-XXX_Xxxxxxx@xx.xxx. DHS will review and forward the Monthly Invoice to the State Refugee Health Coordinator within the Department of Health for completed SERVICES review and approval. If approved, the invoice will be processed. If issues are found, DHS will contact the Grantee to revise and resubmit the monthly invoice. 4. The Department shall have the right to disapprove any expenditure made by the Grantee which is not in accordance with the terms of this Grant Agreement and adjust payment to the Grantee accordingly. Any duplication of payment requests for services rendered under this AGREEMENT grant may result in termination of this Grant Agreement by the Department. 5. The Grantee must receive the Department’s prior written approval to reallocate funds among line items within its budget. The Grantee may request approval for budget reallocations, as provided hereinafterneeded, throughout the fiscal year, with all final requests received by the Department prior to July 15th. Such payment In its sole discretion, the Department may approve requests for reallocations received after July 15th. 6. Grantee shall be full compensation for SERVICES performed or SERVICES rendered and account for all labor, materials, supplies, equipment, interest earned on the payments made under this grant and incidentals necessary use it for expenditures in accordance with the terms of this Grant Agreement. Interest income earned may only be used to complete SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (xxx.xxxx.xxx)increase services provided under this Grant and may not be used for Administrative costs. A. Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate, C. The Grantee must maintain supporting documentation for all fiscal and Fee (Profit). The CONSULTANT shall be paid programmatic activity under this Grant Agreement and make this documentation available for review by the AGENCY Department or its representatives upon request. Failure to provide documentation within the timeframe prescribed by the Department may result in a payment delay for work doneoutstanding invoices submitted by the Grantee. This grant is subject to audit by Federal and Commonwealth agencies and their designees in accordance with Audit Clause A, based upon the negotiated hourly rates shown in Exhibits “D” and “E” attached hereto and by reference made as part of this AGREEMENTRider 5. These negotiated hourly rates will be accepted based on a review of the CONSULTANT’s direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted negotiated rates shall be applicable from the approval date, as memorialized in a final written acknowledgment, to 180 days following the CONSULTANT’s fiscal year end (FYE) date. The direct (raw) labor rates and classifications, as shown on Exhibits “D” and “E” shall be subject to renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must be made to the other party within ninety (90) days following the CONSULTANT’s FYE date. If no such written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits “D” and “E” will remain in effect for the twelve (12) month period. Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12 month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications, the AGENCY shall perform an audit of the CONSULTANT’s books and records to determine the CONSULTANT’s actual costs. The audit findings will establish the direct (raw) labor rates and classifications that will applicable for the twelve (12) month period. The fee as identified in Exhibits “D” and “E” shall represent a value to be applied throughout the life of the AGREEMENT. The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year rate under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These rates will be applicable for the twelve (12) month period. At the AGENCY’s option, a provisional and/or conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect cost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized in a final written acknowledgment. The CONSULTANT shall maintain and have accessible support data for verification of the components of the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fee (profit) percentage. The CONSULTANT shall bill each employee’s actual classification, and actual salary plus indirect cost rate plus fee. A. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges, and fees of sub-consultants. Air or train travel will be reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT Grantee shall comply with the rules and regulations regarding travel costs (excluding airUniform Administrative Requirements, trainCost Principles, and rental car costs) in accordance with Audit Requirements for HHS Awards (45 C.F.R. Part 75). Regardless of the WSDOT’s Accounting Manual M 13-82level of audit conducted, Chapter 10 – Travel Rules and Procedures, and all revisions thereto. Air, train, and rental card costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 “Travel Costs.” The billing for Direct Non-salary Costs the Grantee shall include an itemized listing a Supplementary Schedule which consists of a Budget to Actual presentation in the charges directly identifiable with these SERVICESsame format and level of detail as Rider 3, Budget, including all updates and revisions. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the STATE upon request. All above charges Grantee must be necessary for the SERVICES provided under this AGREEMENT. B. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (1.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, “Extra Work.” No minimum amount payable is guaranteed under this AGREEMENT. C. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in A allowable and B above. Detailed statements shall support the monthly xxxxxxxx for hours expended at the rates established in Exhibit “D,” including names and classifications of all employees, and xxxxxxxx for all direct non-salary expenses. To provide a means of verifying the billed salary reimbursable costs for the CONSULTANT’s employeesGrant for the state fiscal year. The Department will use this Schedule for reconciliation and settlement for the state fiscal year. D. The Department will make payments to the Grantee through Automated Clearing House (“ACH”) Network. Within 10 days of the grant award, the AGENCY may conduct employee interviewsGrantee must submit or must have already submitted its ACH and electronic addenda information (obtained at xxx.xxxxxxxxxxxxxxxxxx.xxxxx.xx.xx/xxxx/xxxxx/Xxxxx/XXX-XXXxxxxxxxxxxxxxx.xxx) to the Commonwealth’s Payable Service Center, Vendor Data Management Unit at 717-214- 0140 (FAX) or by mail to the Office of Comptroller Operations, Bureau of Payable Services, Payable Service Center, Vendor Data Management Unit, 000 Xxxxxx Xxxxxx – 0xx Xxxxx, Xxxxxxxxxx, XX 00000. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work The Grantee must submit a unique invoice number with each invoice/cash needs request submitted. The unique invoice number will be listed on the SERVICES at Commonwealth of Pennsylvania’s ACH remittance advice to enable the time Grantee to properly apply the state agency’s payment to the respective invoice/cash needs request or program. It is the responsibility of the interviewGrantee to ensure that the ACH information contained in the Commonwealth’s central vendor master file is accurate and complete. Failure to maintain accurate and complete information may result in delays in payments.

Appears in 1 contract

Samples: Grant Agreement

Payment Provisions. The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (xxx.xxxx.xxx). A. Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate, and Fixed Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibits D” and E” attached hereto and by reference made part of this AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT’s 's direct labor rates and indirect cost rate computations and agreed upon fixed fee. The accepted negotiated rates shall be memorialized in a final written acknowledgment acknowledgement between the parties. Such final written acknowledgment acknowledgement shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted negotiated rates shall be applicable from the approval date, as memorialized in a final written acknowledgmentacknowledgement, to 180 days following the CONSULTANT’s C ONSULTANT's fiscal year end (FYE) date. The direct (raw) labor rates and classifications, as shown on Exhibits D” and E” shall be subject to renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must be made to the other party within ninety (90) days following the CONSULTANT’s 's FYE date. If no such written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits D” and “E”, will remain in effect for the twelve (12) month period. Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12 12) month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment acknowledgement between the parties. Such final written acknowledgment acknowledgement shall be incorporated into, and become a part of, this AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications, the AGENCY shall perform an audit of the CONSULTANT’s 's books and records to determine the CONSULTANT’s 's actual costs. The audit findings will establish the direct (raw) labor rates and classifications that will applicable for the twelve (12) month period. The fee as identified in Exhibits “D” and “E” shall represent a value to be applied throughout the life of the AGREEMENT. The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year rate under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These rates will be applicable for the twelve (12) month period. At the AGENCY’s option, a provisional and/or conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect cost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized in a final written acknowledgment. The CONSULTANT shall maintain and have accessible support data for verification of the components of the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fee (profit) percentage. The CONSULTANT shall bill each employee’s actual classification, and actual salary plus indirect cost rate plus fee. A. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges, and fees of sub-consultants. Air or train travel will be reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the WSDOT’s Accounting Manual M 13-82, Chapter 10 – Travel Rules and Procedures, and all revisions thereto. Air, train, and rental card costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 “Travel Costs.” The billing for Direct Non-salary Costs shall include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES provided under this AGREEMENT. B. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (1.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, “Extra Work.” No minimum amount payable is guaranteed under this AGREEMENT. C. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in A and B above. Detailed statements shall support the monthly xxxxxxxx for hours expended at the rates established in Exhibit “D,” including names and classifications of all employees, and xxxxxxxx for all direct non-salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT’s employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the time of the interview.twelve

Appears in 1 contract

Samples: Consultant Agreement

Payment Provisions. The CONSULTANT Department agrees to pay the Grantee for the services rendered pursuant to this Grant Agreement as follows: A. Subject to the availability of State and Federal funds and the other terms and conditions of this grant, the Department will reimburse the Grantee in accordance with Rider 3 for providing the Region 4 services described in Rider 2, up to the maximum, estimated amount of $100,000 available for the period of October 1, 2021 through September 30, 2022 (“Initial Term”), as it may be adjusted pursuant to Paragraph 5 of the Grant Agreement, and no payments shall be paid made under this grant for the Initial Grant term in excess of that amount. B. Payment to the Grantee in the amount stated in Paragraph A shall be made in accordance with the Budget set forth in Rider 3 and Refugee Health Assessment Fee Schedule (“Fee Schedule”) set forth in Rider 3, Attachment A as follows: 1. Using the format prescribed by DHS, the Grantee must submit a Monthly Invoice to the Department, consisting of refugee health assessment services and screenings provided a given month. The Monthly Invoice must include all the following information: a. The Grant Number; b. Grantee’s SAP Vendor Number; c. The time period covered by the AGENCY invoice; d. The amount of each service provided by Service Code; e. The fee by Service Code, as set forth in the Fee Schedule; f. The total amount being invoiced by Service Code; g. The name and title of the person preparing the Monthly Invoice; and h. The date of submission. The Grantee must invoice using the all-inclusive fees set forth in the Fee Schedule. The Grantee’s authorized representative must sign and date all reimbursement requests. 2. For all services being invoiced, Grantee must submit, in a separate document, a detailed listing of each individual who received services and the date and types of services requested. 3. The Grantee must email a signed copy of the Monthly Invoice to DHS’s resource account, XX-XXX_Xxxxxxx@xx.xxx. DHS will review and forward the Monthly Invoice to the State Refugee Health Coordinator within the Department of Health for completed SERVICES review and approval. If approved, the invoice will be processed. If issues are found, DHS will contact the Grantee to revise and resubmit the monthly invoice. 4. The Department shall have the right to disapprove any expenditure made by the Grantee which is not in accordance with the terms of this Grant Agreement and adjust payment to the Grantee accordingly. Any duplication of payment requests for services rendered under this AGREEMENT grant may result in termination of this Grant Agreement by the Department. 5. The Grantee must receive the Department’s prior written approval to reallocate funds among line items within its budget. The Grantee may request approval for budget reallocations, as provided hereinafterneeded, throughout the fiscal year, with all final requests received by the Department prior to July 15th. Such payment In its sole discretion, the Department may approve requests for reallocations received after July 15th. 6. Grantee shall be full compensation for SERVICES performed or SERVICES rendered and account for all labor, materials, supplies, equipment, interest earned on the payments made under this grant and incidentals necessary use it for expenditures in accordance with the terms of this Grant Agreement. Interest income earned may only be used to complete SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (xxx.xxxx.xxx)increase services provided under this Grant and may not be used for Administrative costs. A. Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate, C. The Grantee must maintain supporting documentation for all fiscal and Fee (Profit). The CONSULTANT shall be paid programmatic activity under this Grant Agreement and make this documentation available for review by the AGENCY Department or its representatives upon request. Failure to provide documentation within the timeframe prescribed by the Department may result in a payment delay for work doneoutstanding invoices submitted by the Grantee. This grant is subject to audit by Federal and Commonwealth agencies and their designees in accordance with Audit Clause A, based upon the negotiated hourly rates shown in Exhibits “D” and “E” attached hereto and by reference made as part of this AGREEMENTRider 5. These negotiated hourly rates will be accepted based on a review of the CONSULTANT’s direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted negotiated rates shall be applicable from the approval date, as memorialized in a final written acknowledgment, to 180 days following the CONSULTANT’s fiscal year end (FYE) date. The direct (raw) labor rates and classifications, as shown on Exhibits “D” and “E” shall be subject to renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must be made to the other party within ninety (90) days following the CONSULTANT’s FYE date. If no such written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits “D” and “E” will remain in effect for the twelve (12) month period. Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12 month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications, the AGENCY shall perform an audit of the CONSULTANT’s books and records to determine the CONSULTANT’s actual costs. The audit findings will establish the direct (raw) labor rates and classifications that will applicable for the twelve (12) month period. The fee as identified in Exhibits “D” and “E” shall represent a value to be applied throughout the life of the AGREEMENT. The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year rate under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These rates will be applicable for the twelve (12) month period. At the AGENCY’s option, a provisional and/or conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect cost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized in a final written acknowledgment. The CONSULTANT shall maintain and have accessible support data for verification of the components of the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fee (profit) percentage. The CONSULTANT shall bill each employee’s actual classification, and actual salary plus indirect cost rate plus fee. A. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges, and fees of sub-consultants. Air or train travel will be reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT Grantee shall comply with the rules and regulations regarding travel costs (excluding airUniform Administrative Requirements, trainCost Principles, and rental car costs) in accordance with Audit Requirements for HHS Awards (45 C.F.R. Part 75). Regardless of the WSDOT’s Accounting Manual M 13-82level of audit conducted, Chapter 10 – Travel Rules and Procedures, and all revisions thereto. Air, train, and rental card costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 “Travel Costs.” The billing for Direct Non-salary Costs the Grantee shall include an itemized listing a Supplementary Schedule which consists of a Budget to Actual presentation in the charges directly identifiable with these SERVICESsame format and level of detail as Rider 3, Budget, including all updates and revisions. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the STATE upon request. All above charges Grantee must be necessary for the SERVICES provided under this AGREEMENT. B. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (1.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, “Extra Work.” No minimum amount payable is guaranteed under this AGREEMENT. C. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in A allowable and B above. Detailed statements shall support the monthly xxxxxxxx for hours expended at the rates established in Exhibit “D,” including names and classifications of all employees, and xxxxxxxx for all direct non-salary expenses. To provide a means of verifying the billed salary reimbursable costs for the CONSULTANT’s employeesGrant for the state fiscal year. The Department will use this Schedule for reconciliation and settlement for the state fiscal year. D. The Department will make payments to the Grantee through Automated Clearing House (“ACH”) Network. Within 10 days of the grant award, the AGENCY may conduct employee interviewsGrantee must submit or must have already submitted its ACH and electronic addenda information (obtained at xxx.xxxxxxxxxxxxxxxxxx.xxxxx.xx.xx/xxxx/xxxxx/Xxxxx/XXX-XXXxxxxxxxxxxxxxx.xxx) to the Commonwealth’s Payable Service Center, Vendor Data Management Unit at 717-214- 0140 (FAX) or by mail to the Office of Comptroller Operations, Bureau of Payable Services, Payable Service Center, Vendor Data Management Unit, 000 Xxxxxx Xxxxxx – 0xx Xxxxx, Xxxxxxxxxx, XX 00000. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work The Grantee must submit a unique invoice number with each invoice/cash needs request submitted. The unique invoice number will be listed on the SERVICES at Commonwealth of Pennsylvania’s ACH remittance advice to enable the time Grantee to properly apply the state agency’s payment to the respective invoice/cash needs request or program. It is the responsibility of the interviewGrantee to ensure that the ACH information contained in the Commonwealth’s central vendor master file is accurate and complete. Failure to maintain accurate and complete information may result in delays in payments.

Appears in 1 contract

Samples: Grant Agreement

Payment Provisions. The CONSULTANT A. In consideration of the activities provided Grantee as described in Exhibits B, BB and BBB, performed in a manner acceptable to the State, the State shall reimburse the Grantee for actual costs incurred as outlined in Budget Exhibit C upon submission of an undisputed invoice in accordance with the form and format prescribed by the State. B. Invoices shall be paid submitted in triplicate, quarterly (ending dates: 12/31/00, 03/31/01 in arrears as specified in Paragraph 15, entitled “Invoicing And Communications”. C. The invoice shall contain the following information: 1. An original signature; 2. The time period covered; 3. The Grantee name and grant number; and 4. Actual expenditures identified by line item in accordance with Budget Exhibits C and CC. D. Total State reimbursement for each line item identified in Budget Exhibit C and CC is the maximum amount reimbursable’forthat line item during the grant term. E. The State, at its own option, may return disputed invoices to the Grantee for correction and resubmission prior to payment, or reduce itemized expenses claimed which are not in accordance with Budget Exhibit C and CC and the SOW Exhibit B, BB and BBB or which cannot be verified as project expenses by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (xxx.xxxx.xxx)Grantee. A. Hourly Rates: Hourly rates F. Invoices are comprised to be signed by an authorized official, employee, or agent of the following elements - Direct (Raw) Labor, Indirect Cost Rate, and Fee (Profit). The CONSULTANT Grantee who shall be paid by certify that the AGENCY expenditures claimed are actual expenditures for work done, based upon the negotiated hourly rates shown in Exhibits “D” and “E” attached hereto and by reference made part of this AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT’s direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted negotiated rates shall be applicable from the approval date, as memorialized in a final written acknowledgment, to 180 days following the CONSULTANT’s fiscal year end (FYE) date. The direct (raw) labor rates and classifications, as shown on Exhibits “D” and “E” shall be subject to renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must be made to the other party within reports. G. Invoices submitted more than ninety (90) calendar days following after the CONSULTANTexpiration or termination date of this Grant award may not be paid unless the Grantee has obtained prior written approval from the State during the term of the grant to bill after the ninety (90) day period.. Also, refer to Paragraph 16, entitled “Timely Submission of Final Invoice”. H. The State will only reimburse the Grantee for employee vacation and sick leave according to the restrictions specified in Exhibit D entitled “Contract Uniformity”. County of Santa Xxxx Health Services Agency I. Overtime is not reimbursable under the terms of this Grant unless the Grantee has obtained prior written approval form before the overtime is actually performed. Overtime is defined as time worked on any combination of state-funded long term care integration grant activities in excess of full-time equivalency. X. The Grantee understands and agrees that all deliverables and goals and objectives as specified in this Grant award must be fully and satisfactorily performed in order to receive the maximum amount payable identified in Paragraph 2, titled “MaximumAmount Payable” above. The Grantee agrees that if the State determines that any deliverablelgoallobjective is not fully performed to the State’s FYE date. If no such written request is madesatisfaction, or only partially performed, the current direct (raw) labor rates and classifications as shown on Exhibits “D” and “E” will remain in effect for State may reduce the twelve (12) month period. Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12 month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications, the AGENCY shall perform an audit of the CONSULTANT’s books and records to determine the CONSULTANT’s actual costs. The audit findings will establish the direct (raw) labor rates and classifications that will applicable for the twelve (12) month period. The fee as identified in Exhibits “D” and “E” shall represent a value to be applied throughout the life of the AGREEMENT. The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year rate maximum amount payable under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These rates will be applicable for the twelve (12) month period. At the AGENCY’s option, a provisional and/or conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect cost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized in a final written acknowledgment. The CONSULTANT shall maintain and have accessible support data for verification of the components of the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fee (profit) percentage. The CONSULTANT shall bill each employee’s actual classification, and actual salary plus indirect cost rate plus fee. A. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges, and fees of sub-consultants. Air or train travel will be reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the WSDOT’s Accounting Manual M 13-82, Chapter 10 – Travel Rules and Procedures, and all revisions thereto. Air, train, and rental card costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 “Travel Costs.” The billing for Direct Non-salary Costs shall include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES provided under this AGREEMENT. B. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (1.) The Maximum Amount Payable does not include payment for extra work Grant award as stipulated in section XIII, “Extra Work.” No minimum amount payable is guaranteed under this AGREEMENT. C. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in A and B above. Detailed statements shall support the monthly xxxxxxxx for hours expended at the rates established in Exhibit “D,” including names and classifications of all employees, and xxxxxxxx for all direct non-salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT’s employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the time of the interview.follows:

Appears in 1 contract

Samples: Independent Contractor Agreement

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Payment Provisions. The CONSULTANT shall be paid by the AGENCY STATE for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (xxx.xxxx.xxx). A. Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate, and Fixed Fee (Profit). The CONSULTANT shall be paid by the AGENCY STATE for work done, based upon the negotiated hourly rates shown in Exhibits “D” and “E” attached hereto and by reference made part of this AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT’s direct labor rates and indirect cost rate computations and agreed upon fixed fee. The accepted negotiated rates shall be memorialized in a final written acknowledgment acknowledgement between the parties. Such final written acknowledgment acknowledgement shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted negotiated rates shall be applicable from the approval date, as memorialized in a final written acknowledgmentacknowledgement, to 180 days following the CONSULTANT’s fiscal year end (FYE) date. The direct (raw) labor rates and classifications, as shown on Exhibits “D” and “E” shall be subject to renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days following FYE date) upon written request of the CONSULTANT or the AGENCYSTATE. The written request must be made to the other party within ninety (90) days following the CONSULTANT’s FYE date. If no such written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits “D” and “E”, will remain in effect for the twelve (12) month period. Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12 12) month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment acknowledgement between the parties. Such final written acknowledgment acknowledgement shall be incorporated into, and become a part of, this AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications, the AGENCY STATE shall perform an audit of the CONSULTANT’s books and records to determine the CONSULTANT’s actual costs. The audit findings will establish the direct (raw) labor rates and classifications that will be applicable for the twelve (12) month period. The fixed fee as identified in Exhibits “D” and “E” shall represent a value to be applied throughout the life of the AGREEMENT. The CONSULTANT shall submit annually to the AGENCY STATE an updated indirect cost rate within 180 days of the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year rate rates under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These rates will be applicable for up to 180 days of the twelve (12) month periodCONSULTANT’s fiscal year end. A CONSULTANT transitioning from the Indirect Cost Rate Safe Harbor Program may update its indirect cost rate immediately upon approval and the updated rate may remain in effect until 180 days of the CONSULTANT’s fiscal year. At the AGENCYSTATE’s option, a provisional and/or conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect cost rate rates and/or extension extensions will be considered on a case-by-case basis, and if granted, will be memorialized in a final written acknowledgmentacknowledgement. The CONSULTANT shall maintain and have accessible support data for verification of the components of the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fixed fee (profit) percentage. The CONSULTANT shall bill each employee’s actual classification, and actual salary plus indirect cost rate plus fixed fee. A. B. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the CONSULTANTCONSULTANT (excluding Meals, which are reimbursed at the per diem rates identified in this section below). These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges, charges and fees of sub-consultants. Air or train travel will be reimbursed only to lowest price available, unless otherwise approved by the AGENCYSTATE. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the WSDOTSTATE, Department of Transportation’s Accounting Travel Policy and Procedure Manual M 13-82, Chapter 10 – Travel Rules and ProceduresM3132, and all revisions thereto. Air, train, train and rental card car costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 “Travel Costs.” The billing for Direct Nondirect non-salary Costs costs shall include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES provided under this AGREEMENT. B. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (1.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, “Extra Work.” No minimum amount payable is guaranteed under this AGREEMENT. C. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in A and B above. Detailed statements shall support the monthly xxxxxxxx for hours expended at the rates established in Exhibit “D,” including names and classifications of all employees, and xxxxxxxx for all direct non-salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT’s employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the time of the interview.

Appears in 1 contract

Samples: Professional Services

Payment Provisions. The CONSULTANT (a) Interest accrued on the unpaid principal balance of this Note from the date of disbursement hereof through and including October 31, 2002, at the rate of 4.61% per annum (the “Applicable Interest Rate”), shall be paid by due and payable on the AGENCY for completed SERVICES rendered disbursement date of the Loan. (b) Thereafter, monthly installments of principal and interest on the unpaid principal balance of this Note at the Applicable Interest Rate, shall be due and payable in 36 consecutive monthly installments commencing on December 1, 2002, and continuing on the first day of each calendar month thereafter, with each such installment to be in the sum of $127,033.36, without deduction or set-off. (c) On or about July 1, 2005, Xxxxxx shall notify Borrower in writing of the reset interest rate that will become effective in accordance with this Note, which reset interest rate shall be either the annual interest rate then in effect under this AGREEMENT Note or Lender’s then prevailing annual interest rate for loans with a term of 3 years then being originated by Lender on properties comparable to the Property (as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary hereinafter defined) as determined solely by Lender (such initial reset interest rate is hereinafter referred to complete SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (xxx.xxxx.xxxas the “First Reset Rate”). A. Hourly Rates: Hourly rates are comprised (d) Borrower shall have 30 days from the date of receipt of such notification from Lender to accept or reject the First Reset Rate. Failure by Borrower to notify Lender of the following elements - Direct (Raw) Labor, Indirect Cost Rate, and Fee (Profit). The CONSULTANT acceptance or rejection of the First Reset Rate within such 30 day period shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibits “D” and “E” attached hereto and by reference made part of this AGREEMENT. These negotiated hourly rates will deemed to be accepted based on a review rejection of the CONSULTANT’s direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted negotiated rates shall be applicable from the approval date, as memorialized in a final written acknowledgment, to 180 days following the CONSULTANT’s fiscal year end (FYE) date. The direct (raw) labor rates and classifications, as shown on Exhibits “D” and “E” shall be subject to renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must be made to the other party within ninety (90) days following the CONSULTANT’s FYE date. If no such written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits “D” and “E” will remain in effect for the twelve (12) month period. Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12 month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to aid in negotiationsFirst Reset Rate. If the parties cannot reach First Reset Rate is rejected or deemed rejected by Xxxxxxxx, the entire unpaid principal balance of this Note, all accrued unpaid interest hereon, and any other amounts payable hereunder or under the other Loan Documents (as hereinafter defined) shall be due and payable in full, at par, no later than November 1, 2005. (e) If Borrower accepts the First Reset Rate in order to extend the term of this Note an agreement additional 36 months, the First Reset Rate shall become effective on November 1, 2005 (the “First Reset Rate Effective Date”), and monthly installments of principal and interest shall then be due and payable in an amount determined by Lender that will amortize the remaining unpaid principal balance of this Note at the First Reset Rate based upon a 22-year amortization schedule. (f) Thereafter, monthly installments of principal and interest on the direct unpaid principal balance of this Note at the First Reset Rate in the amount thus calculated shall be due and payable in 36 consecutive monthly installments commencing on December 1, 2005, and continuing on the first day of each calendar month thereafter, to and including the monthly installment of principal and interest due and payable on November 1, 2008. (rawg) labor rates and classificationsOn or about July 1, the AGENCY 2008, Xxxxxx shall perform an audit notify Borrower in writing of the CONSULTANT’s books and records to determine the CONSULTANT’s actual costs. The audit findings will establish the direct (raw) labor rates and classifications reset interest rate that will applicable for the twelve (12) month period. The fee as identified become effective in Exhibits “D” and “E” shall represent a value to be applied throughout the life of the AGREEMENT. The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the close of its fiscal year. An approved updated indirect cost accordance with this Note, which reset interest rate shall be included either the annual interest rate then in effect under this Note or Lender’s then prevailing annual interest rate for loans with a term of 3 years then being originated by Lender on properties comparable to the Property (as hereinafter defined) as determined solely by Xxxxxx (such second reset interest rate is hereinafter referred to as the “Second Reset Rate”). (h) Borrower shall have 30 days from the date of receipt of such notification from Lender to accept or reject the Second Reset Rate. Failure by Borrower to notify Lender of the acceptance or rejection of the Second Reset Rate within such 30 day period shall be deemed to be a rejection of the Second Reset Rate. If the Second Reset Rate is rejected or deemed rejected by Xxxxxxxx, the entire unpaid principal balance of this Note, all accrued unpaid interest hereon, and any other amounts payable hereunder or under the other Loan Documents (as hereinafter defined) shall be due and payable in full, at par, no later than November 1, 2011. (i) If Xxxxxxxx accepts the Second Reset Rate in order to extend the term of this Note an additional 36 months, the Second Reset Rate shall become effective on November 1, 2008, and monthly installments of principal and interest shall then be due and payable in an amount determined by Lender that will amortize the remaining unpaid principal balance of this Note at the Second Reset Rate based upon a 19-year amortization schedule. (j) Thereafter, monthly installments of principal and interest on the unpaid principal balance of this Note at the Second Reset Rate in the current fiscal year rate under this AGREEMENTamount thus calculated shall be due and payable in 35 consecutive monthly installments commencing on December 1, even if/when other components of the hourly rate are not renegotiated. These rates will be applicable for the twelve (12) month period. At the AGENCY’s option, a provisional and/or conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect cost rate and/or extension will be considered on a case-by-case basis2008, and if grantedcontinuing on the first day of each calendar month thereafter, will be memorialized in a final written acknowledgment. The CONSULTANT shall maintain to and have accessible support data for verification of the components of the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fee (profit) percentage. The CONSULTANT shall bill each employee’s actual classification, and actual salary plus indirect cost rate plus fee. A. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges, and fees of sub-consultants. Air or train travel will be reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the WSDOT’s Accounting Manual M 13-82, Chapter 10 – Travel Rules and Procedures, and all revisions thereto. Air, train, and rental card costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 “Travel Costs.” The billing for Direct Non-salary Costs shall include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES provided under this AGREEMENT. B. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (1.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, “Extra Work.” No minimum amount payable is guaranteed under this AGREEMENT. C. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in A and B above. Detailed statements shall support including the monthly xxxxxxxx for hours expended at the rates established in Exhibit “D,” including names installment of principal and classifications of all employeesinterest due and payable on October 1, and xxxxxxxx for all direct non-salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT’s employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the time of the interview2011.

Appears in 1 contract

Samples: Loan Agreement (Bedford Property Investors Inc/Md)

Payment Provisions. The CONSULTANT Department agrees to pay the Grantee for the services rendered pursuant to this Grant Agreement as follows: A. Subject to the availability of State and Federal funds and the other terms and conditions of this grant, the Department will reimburse the Grantee in accordance with Rider 3 for providing the Region 5 services described in Rider 2, up to the maximum, estimated amount of $160,000 available for the period of October 1, 2021 through September 30, 2022 (“Initial Term”), as it may be adjusted pursuant to Paragraph 5 of the Grant Agreement, and no payments shall be paid made under this grant for the Initial Grant term in excess of that amount. B. Payment to the Grantee in the amount stated in Paragraph A shall be made in accordance with the Budget set forth in Rider 3 and Refugee Health Assessment Fee Schedule (“Fee Schedule”) set forth in Rider 3, Attachment A as follows: 1. Using the format prescribed by DHS, the Grantee must submit a Monthly Invoice to the Department, consisting of refugee health assessment services and screenings provided a given month. The Monthly Invoice must include all the following information: a. The Grant Number; b. Grantee’s SAP Vendor Number; c. The time period covered by the AGENCY invoice; d. The amount of each service provided by Service Code; e. The fee by Service Code, as set forth in the Fee Schedule; f. The total amount being invoiced by Service Code; g. The name and title of the person preparing the Monthly Invoice; and h. The date of submission. The Grantee must invoice using the all-inclusive fees set forth in the Fee Schedule. The Grantee’s authorized representative must sign and date all reimbursement requests. 2. For all services being invoiced, Grantee must submit, in a separate document, a detailed listing of each individual who received services and the date and types of services requested. 3. The Grantee must email a signed copy of the Monthly Invoice to DHS’s resource account, XX-XXX_Xxxxxxx@xx.xxx. DHS will review and forward the Monthly Invoice to the State Refugee Health Coordinator within the Department of Health for completed SERVICES review and approval. If approved, the invoice will be processed. If issues are found, DHS will contact the Grantee to revise and resubmit the monthly invoice. 4. The Department shall have the right to disapprove any expenditure made by the Grantee which is not in accordance with the terms of this Grant Agreement and adjust payment to the Grantee accordingly. Any duplication of payment requests for services rendered under this AGREEMENT grant may result in termination of this Grant Agreement by the Department. 5. The Grantee must receive the Department’s prior written approval to reallocate funds among line items within its budget. The Grantee may request approval for budget reallocations, as provided hereinafterneeded, throughout the fiscal year, with all final requests received by the Department prior to July 15th. Such payment In its sole discretion, the Department may approve requests for reallocations received after July 15th. 6. Grantee shall be full compensation for SERVICES performed or SERVICES rendered and account for all labor, materials, supplies, equipment, interest earned on the payments made under this grant and incidentals necessary use it for expenditures in accordance with the terms of this Grant Agreement. Interest income earned may only be used to complete SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (xxx.xxxx.xxx)increase services provided under this Grant and may not be used for Administrative costs. A. Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate, C. The Grantee must maintain supporting documentation for all fiscal and Fee (Profit). The CONSULTANT shall be paid programmatic activity under this Grant Agreement and make this documentation available for review by the AGENCY Department or its representatives upon request. Failure to provide documentation within the timeframe prescribed by the Department may result in a payment delay for work doneoutstanding invoices submitted by the Grantee. This grant is subject to audit by Federal and Commonwealth agencies and their designees in accordance with Audit Clause A, based upon the negotiated hourly rates shown in Exhibits “D” and “E” attached hereto and by reference made as part of this AGREEMENTRider 5. These negotiated hourly rates will be accepted based on a review of the CONSULTANT’s direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted negotiated rates shall be applicable from the approval date, as memorialized in a final written acknowledgment, to 180 days following the CONSULTANT’s fiscal year end (FYE) date. The direct (raw) labor rates and classifications, as shown on Exhibits “D” and “E” shall be subject to renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must be made to the other party within ninety (90) days following the CONSULTANT’s FYE date. If no such written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits “D” and “E” will remain in effect for the twelve (12) month period. Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12 month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications, the AGENCY shall perform an audit of the CONSULTANT’s books and records to determine the CONSULTANT’s actual costs. The audit findings will establish the direct (raw) labor rates and classifications that will applicable for the twelve (12) month period. The fee as identified in Exhibits “D” and “E” shall represent a value to be applied throughout the life of the AGREEMENT. The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year rate under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These rates will be applicable for the twelve (12) month period. At the AGENCY’s option, a provisional and/or conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect cost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized in a final written acknowledgment. The CONSULTANT shall maintain and have accessible support data for verification of the components of the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fee (profit) percentage. The CONSULTANT shall bill each employee’s actual classification, and actual salary plus indirect cost rate plus fee. A. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges, and fees of sub-consultants. Air or train travel will be reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT Grantee shall comply with the rules and regulations regarding travel costs (excluding airUniform Administrative Requirements, trainCost Principles, and rental car costs) in accordance with Audit Requirements for HHS Awards (45 C.F.R. Part 75). Regardless of the WSDOT’s Accounting Manual M 13-82level of audit conducted, Chapter 10 – Travel Rules and Procedures, and all revisions thereto. Air, train, and rental card costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 “Travel Costs.” The billing for Direct Non-salary Costs the Grantee shall include an itemized listing a Supplementary Schedule which consists of a Budget to Actual presentation in the charges directly identifiable with these SERVICESsame format and level of detail as Rider 3, Budget, including all updates and revisions. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the STATE upon request. All above charges Grantee must be necessary for the SERVICES provided under this AGREEMENT. B. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (1.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, “Extra Work.” No minimum amount payable is guaranteed under this AGREEMENT. C. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in A allowable and B above. Detailed statements shall support the monthly xxxxxxxx for hours expended at the rates established in Exhibit “D,” including names and classifications of all employees, and xxxxxxxx for all direct non-salary expenses. To provide a means of verifying the billed salary reimbursable costs for the CONSULTANT’s employeesGrant for the state fiscal year. The Department will use this Schedule for reconciliation and settlement for the state fiscal year. D. The Department will make payments to the Grantee through Automated Clearing House (“ACH”) Network. Within 10 days of the grant award, the AGENCY may conduct employee interviews. These interviews may consist Grantee must submit or must have already submitted its ACH and electronic addenda information (obtained at xxx.xxxxxxxxxxxxxxxxxx.xxxxx.xx.xx/xxxx/xxxxx/Xxxxx/XXX-XXXxxxxxxxxxxxxxx.xxx) to the Commonwealth’s Payable Service Center, Vendor Data Management Unit at 717-214- 0140 (FAX) or by mail to the Office of recording the namesComptroller Operations, titlesBureau of Payable Services, salary ratesPayable Service Center, and present duties of those employees performing work on the SERVICES at the time of the interviewVendor Data Management Unit, 000 Xxxxxx Xxxxxx – 0xx Xxxxx, Xxxxxxxxxx, XX 00000.

Appears in 1 contract

Samples: Grant Agreement

Payment Provisions. 1) In accordance with the statement of fees attached: a. A non-refundable registration fee shall be paid upon enrollment. b. The CONSULTANT non-refundable yearly fee is due each January for students who plan to continue in our program. c. The summer non-refundable registration fee shall be paid by those who enroll for only the AGENCY for completed SERVICES rendered under this AGREEMENT summer session. d. Tuition payment options are as provided hereinafterfollows: i) Monthly- Tuition fees are due on the first day of each month. Such payment A five day grace period shall be full compensation allowed for SERVICES performed or SERVICES rendered and for all laborpayments, materials, supplies, equipment, and incidentals necessary to complete SERVICESfollowing which the account shall be considered late. A 10% late fee shall be applied at such time. The CONSULTANT account shall conform to all applicable portions be considered delinquent if unpaid after the 10th of 48 CFR Part 31 (xxx.xxxx.xxx)the month. A. Hourly Rates: Hourly rates ii) Semi-Monthly- Tuition fees are comprised due on the first and fifteen day of each month. A three day grace period shall be allowed, following which the account shall be considered late. A 10% late fee shall be applied at such time. The account shall be considered delinquent in unpaid after the 8th/22nd of the following elements - Direct (Raw) Labor, Indirect Cost Rate, and Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibits “D” and “E” attached hereto and by reference made part of this AGREEMENT. These negotiated hourly rates month. e. Late fees will be accepted based on a review of the CONSULTANT’s direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted negotiated rates shall be applicable from the approval date, as memorialized in a final written acknowledgment, to 180 days following the CONSULTANT’s fiscal year end (FYE) date. The direct (raw) labor rates and classifications, as shown on Exhibits “D” and “E” shall be subject to renegotiations applied after 6:00 P.M. for each subsequent twelve (12) month period (180 days following FYE date to 180 days following FYE date) upon written request of the CONSULTANT full time students or the AGENCY. The written request must be made to the other party within ninety (90) days following the CONSULTANT’s FYE date. If no such written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits “D” and “E” will remain in effect after 12:30 P.M. for the twelve (12) month period. Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12 month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications, the AGENCY shall perform an audit of the CONSULTANT’s books and records to determine the CONSULTANT’s actual costs. The audit findings will establish the direct (raw) labor rates and classifications that will applicable for the twelve (12) month periodPreschool Session Students. The fee as identified in Exhibits “D” and “E” is $1.00 per minute. f. Tuition credit shall represent a value commence with the second week of absence due to extended illness. A physicians note is required g. A maximum of one week tuition credit will be applied throughout per year for vacation. After being enrolled in our program for 1 year. A vacation credit is granted every 12 months. h. Refunds of unused tuition and fees shall be given upon two weeks notice of withdrawal from the life program. i. Refunds of unused tuition shall be given if this agreement is terminated as provided for in Section D of this agreement. j. No credit shall be given for days the school is official closed according to the school year calendar given at the beginning of the AGREEMENTnew school year or at time of enrollment. k. NO credit is given for days a child is absent, unless over the two week period. The CONSULTANT shall submit annually to the AGENCY A parent or guardian l. No switch, trading or adding an updated indirect cost rate within 180 days of the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year rate under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These rates extra day will be applicable granted for days the twelve (12) month period. At the AGENCY’s option, a provisional and/or conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the updated indirect cost rate school is completed and approved. Indirect cost rate costs incurred during the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect cost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized in a final written acknowledgment. The CONSULTANT shall maintain and have accessible support data for verification of the components of the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fee (profit) percentage. The CONSULTANT shall bill each employee’s actual classification, and actual salary plus indirect cost rate plus fee. A. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges, and fees of sub-consultants. Air or train travel will be reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the WSDOT’s Accounting Manual M 13-82, Chapter 10 – Travel Rules and Procedures, and all revisions thereto. Air, train, and rental card costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 “Travel Costs.” The billing for Direct Non-salary Costs shall include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES provided under this AGREEMENT. B. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (1.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, “Extra Work.” No minimum amount payable is guaranteed under this AGREEMENT. C. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in A and B above. Detailed statements shall support the monthly xxxxxxxx for hours expended at the rates established in Exhibit “D,” including names and classifications of all employees, and xxxxxxxx for all direct non-salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT’s employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the time of the interview.closed

Appears in 1 contract

Samples: Admissions Agreement

Payment Provisions. The CONSULTANT shall be paid a. It is understood and agreed that this Contract fund limit is an estimate and that BCOE will only reimburse the cost of services at the agreed upon rate per day per crew as specified in Attachment I for services actually rendered as authorized by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed BCOE Program Manager or SERVICES its designee at or below the fund limitation amount set forth in section 5e, below. b. For services satisfactorily rendered and approved by BCOE and upon receipt and approval of invoices, BCOE agrees to reimburse SUB-CONTRACTOR for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (xxx.xxxx.xxx). A. Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate, and Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibits “D” and “E” attached hereto and by reference made part of this AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT’s direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted negotiated rates shall be applicable from the approval date, as memorialized in a final written acknowledgment, to 180 days following the CONSULTANT’s fiscal year end (FYE) date. The direct (raw) labor rates and classifications, as shown on Exhibits “D” and “E” shall be subject to renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must be made to the other party within ninety (90) days following the CONSULTANT’s FYE date. If no such written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits “D” and “E” will remain in effect for the twelve (12) month period. Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12 month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications, the AGENCY shall perform an audit of the CONSULTANT’s books and records to determine the CONSULTANT’s actual costs. The audit findings will establish the direct (raw) labor rates and classifications that will applicable for the twelve (12) month period. The fee as identified in Exhibits “D” and “E” shall represent a value to be applied throughout the life of the AGREEMENT. The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year rate under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These rates will be applicable for the twelve (12) month period. At the AGENCY’s option, a provisional and/or conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the updated indirect cost rate is completed and approved. Indirect cost rate allowable costs incurred during the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect cost rate and/or extension will be considered on a case-by-case basis, as specified herein and if granted, will be memorialized in a final written acknowledgment. The CONSULTANT shall maintain and have accessible support data for verification of the components of the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fee (profit) percentage. The CONSULTANT shall bill each employee’s actual classification, and actual salary plus indirect cost rate plus fee. A. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges, and fees of sub-consultants. Air or train travel will be reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the WSDOT’s Accounting Manual M 13-82, Chapter 10 – Travel Rules and Procedures, and all revisions thereto. Air, train, and rental card costs rates specified in Attachment I. c. Incomplete or disputed invoices shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205returned to SUB-46 “Travel Costs.” The billing CONTRACTOR unpaid for Direct Non-salary Costs shall include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES provided under this AGREEMENTcorrection. B. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (1.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, “Extra Work.” No minimum amount payable is guaranteed under this AGREEMENT. C. Monthly Progress Payments: Progress payments may be claimed d. SUB-CONTRACTOR on a monthly basis for all costs authorized in A and B above. Detailed statements shall support provide BCOE with the completed documents with the monthly xxxxxxxx invoice: I. BCOE COVER INVOICE (Appendix A) II. CALTRANS Monthly Crew Summary (Appendix B) III. CALTRANS Work Crew Program Register of Participation (Appendix C) IV. CALTRANS Work Crew Program Weekly Time Record (Appendix D) V. CALTRANS Work Crew Program Weekly Bag Count (Appendix E) VI. CALTRANS Monthly Expense Report (Appendix F) e. SUB-CONTRACTOR shall submit a monthly invoice in arrears to BCOE, no later than 10 days following each monthly billing period. Invoice shall be submitted electronically to: Electronically at: x0x@xxxx.xxx The maximum total payment to be received by SUB-CONTRACTOR for hours expended at its performance under this Contract is . It is mutually agreed that if State funding for any fiscal year is reduced or deleted by the rates established Budget Act for purposes of this Program, BCOE shall have the option to cancel this Contract with no liability occurring to BCOE, or offer a Contract Amendment to SUB-CONTRACTOR to reflect the reduced amount. In the event of such cancellation, BCOE shall provide written notice to SUB-CONTRACTOR immediately upon learning that State funding will be so reduced or deleted. f. BCOE shall not be liable to SUB-CONTRACTOR for any costs or expenses paid or incurred by SUB-CONTRACTOR in Exhibit “D,” including names and classifications of all employeesperforming Services, and xxxxxxxx for all direct nonother than as expressly provided in the Contract. SUB-salary expenses. To provide a means of verifying CONTRACTOR agrees that BCOE only be obligated to pay under this Contract to the billed salary costs for extent that funds are received from the CONSULTANT’s employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the time of the interviewState.

Appears in 1 contract

Samples: Contract for Services

Payment Provisions. The CONSULTANT shall (a) All Durham PreK providers must be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (xxx.xxxx.xxx)active with CCSA’s Child Care Scholarship Program. A. Hourly Rates: Hourly rates are comprised of the following elements - Direct (Rawb) Labor, Indirect Cost Rate, and Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibits “D” and “E” attached hereto and by reference made part of this AGREEMENT. These negotiated hourly rates will be accepted based on Provider must submit a review of the CONSULTANT’s direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted negotiated rates shall be applicable from the approval date, as memorialized in a final written acknowledgment, to 180 days following the CONSULTANT’s fiscal year end (FYE) date. The direct (raw) labor rates and classifications, as shown on Exhibits “D” and “E” shall be subject to renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must be made to the other party within ninety (90) days following the CONSULTANT’s FYE date. If no such written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits “D” and “E” will remain in effect for the twelve (12) month period. Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations to determine the new direct (raw) labor rates and classifications monthly attendance worksheet that will be applicable used as an invoice to the Lead Agency by the attendance due date as indicated on the Attendance Due Date Calendar (c) The Provider must submit its attendance worksheet in the format of CCSA’s Scholarship Program. (d) Payments will be provided by direct deposit at the end of the month that care is provided from September to June. A full month’s payment will be provided for the twelve (12 partial month periodof June. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment between On- time payment is contingent upon timely receipt of completed attendance forms by the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to aid in negotiations. If the parties cannot reach an agreement date indicated on the direct attendance worksheet calendar. (rawe) labor rates and classifications, the AGENCY shall perform an audit of the CONSULTANT’s books and records to determine the CONSULTANT’s actual costs. The audit findings will establish the direct (raw) labor rates and classifications Any parent fees for families that will applicable qualify for the twelve (12) month period. The fee as identified in Exhibits “D” and “E” shall represent a value to Durham PreK sliding scale must be applied throughout collected from families by the life of the AGREEMENT. The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year rate under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These rates will be applicable for the twelve (12) month period. At the AGENCY’s option, a provisional and/or conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect cost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized in a final written acknowledgment. The CONSULTANT shall maintain and have accessible support data for verification of the components of the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fee (profit) percentage. The CONSULTANT shall bill each employee’s actual classification, and actual salary plus indirect cost rate plus feeProvider. A. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges, and fees of sub-consultants. Air or train travel will be reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costsf) in accordance with the WSDOT’s Accounting Manual M 13-82, Chapter 10 – Travel Rules and Procedures, and all revisions thereto. Air, train, and rental card costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 “Travel Costs.” The billing for Direct Non-salary Costs shall include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES provided under this AGREEMENT. B. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT Monthly payments shall not exceed the amount shown Provider’s monthly Durham PreK Budget. Payment adjustments for previous months may be applied to the Provider’s monthly payment. (g) Since the fiscal year ends June 30, 2022, the Provider must submit any outstanding attendance claims, as well as June’s attendance worksheet, by the June due date in order to receive payment. Once the heading new fiscal year starts July 1, back-payments cannot be made for any services that occurred on or before June 30. (h) If the Provider owes any money to the Lead Agency as a consequence of this AGREEMENT adjustments, the Provider must return the money to the Lead Agency on page one or before June 30, 2022. (1.i) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, “Extra Work.” No minimum amount payable is guaranteed under this AGREEMENTLead Agency shall have no obligation to pay based on any attendance sheet received after the June due date. C. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in A and B above. Detailed statements shall support the monthly xxxxxxxx for hours expended at the rates established in Exhibit “D,” including names and classifications of all employees(j) If this Contract is terminated early, and xxxxxxxx for all direct non-salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT’s employeesbefore its scheduled expiration, the AGENCY may conduct employee interviews. These interviews may consist Provider shall submit a final payment report to the Lead Agency within 60 days following contract termination and no later than the 30th day of recording June. (k) Funds allocated for use in one county fiscal year but not used during that year will not be carried forward to the namesnext fiscal year. (l) The Lead Agency may, titlesat its discretion, salary rateswithhold payment or make a partial payment pending receipt of documentation, and present duties of those employees performing work on acceptable to the SERVICES at the time Lead Agency, of the interviewProvider’s other sources of financial support.

Appears in 1 contract

Samples: Provider Contract

Payment Provisions. The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (xxx.xxxx.xxx). A. Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate, and Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibits “D” and “E” attached hereto and by reference made part of this AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT’s direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted negotiated rates shall be applicable from the approval date, as memorialized in a final written acknowledgment, to 180 days following the CONSULTANT’s fiscal year end (FYE) date. The direct (raw) labor rates and classifications, as shown on Exhibits “D” and “E” shall be subject to renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must be made to the other party within ninety (90) days following the CONSULTANT’s FYE date. If no such written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits “D” and “E” will remain in effect for the twelve (12) month period. Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12 month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications, the AGENCY shall perform an audit of the CONSULTANT’s books and records to determine the CONSULTANT’s actual costs. The audit findings will establish the direct (raw) labor rates and classifications that will applicable for the twelve (12) month period. The fee as identified in Exhibits “D” and “E” shall represent a value to be applied throughout the life of the AGREEMENT. The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year rate under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These rates will be applicable for the twelve (12) month period. At the AGENCY’s option, a provisional and/or conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect cost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized in a final written acknowledgment. The CONSULTANT shall maintain and have accessible support data for verification of the components of the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fee (profit) percentage. The CONSULTANT shall bill xxxx each employee’s actual classification, and actual salary plus indirect cost rate plus fee. A. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges, and fees of sub-consultants. Air or train travel will be reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the WSDOT’s Accounting Manual M 13-82, Chapter 10 – Travel Rules and Procedures, and all revisions thereto. Air, train, and rental card costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 “Travel Costs.” The billing for Direct Non-salary Costs shall include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES provided under this AGREEMENT. B. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (1.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, “Extra Work.” No minimum amount payable is guaranteed under this AGREEMENT. C. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in A and B above. Detailed statements shall support the monthly xxxxxxxx for hours expended at the rates established in Exhibit “D,” including names and classifications of all employees, and xxxxxxxx for all direct non-salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT’s employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the time of the interview.

Appears in 1 contract

Samples: Consultant Agreement

Payment Provisions. The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (xxx.xxxx.xxx). A. Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate, and Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibits “D” and “E” attached hereto and by reference made part of this AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT’s 's direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted negotiated rates shall be applicable from the approval date, as memorialized in a final written acknowledgment, to 180 days following the CONSULTANT’s 's fiscal year end (FYE) date. The direct (raw) labor rates and classifications, as shown on Exhibits “D” and “E” shall be subject to renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must be made to the other party within ninety (90) days following the CONSULTANT’s 's FYE date. If no such written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits “D” and “E”, will remain in effect for the twelve (12) month period. Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12 12) month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment acknowledgement between the parties. Such final written acknowledgment acknowledgement shall be incorporated into, and become a part of, this AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications, the AGENCY shall perform an audit of the CONSULTANT’s 's books and records to determine the CONSULTANT’s 's actual costs. The audit findings will establish the direct (raw) labor rates and classifications that will be applicable for the twelve (12) month period. The fee as identified in Exhibits “D” and “E” shall represent a value to be applied throughout the life of the AGREEMENT. The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year rate rates under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These rates will be applicable for the twelve (12) month period. At the AGENCY’s 's option, a provisional and/or conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect cost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized in a final written acknowledgmentacknowledgement. The CONSULTANT shall maintain and have accessible support data for verification of the components of the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fee (profit) percentage. The CONSULTANT shall bill each employee’s 's actual classification, and actual salary plus indirect cost rate plus fee. A. B. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges, and fees of sub-consultants. Air or train travel will be reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the WSDOT’s 'S Accounting Manual M 13-13- 82, Chapter 10 – Travel Rules and Procedures, and all revisions thereto. Air, train, train and rental card costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 “Travel Costs.” The billing for Direct Nondirect non-salary Costs costs shall include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the STATE AGENCY upon request. All above charges must be necessary for the SERVICES provided under this AGREEMENT. B. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (1.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, “Extra Work.” No minimum amount payable is guaranteed under this AGREEMENT. C. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in A and B above. Detailed statements shall support the monthly xxxxxxxx for hours expended at the rates established in Exhibit “D,” including names and classifications of all employees, and xxxxxxxx for all direct non-salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT’s employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the time of the interview.

Appears in 1 contract

Samples: Professional Services

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