Common use of Procedures for Reimbursement Clause in Contracts

Procedures for Reimbursement. Unless the Division or the Assisting Party, as the case may be, state the contrary in writing, the ultimate responsibility for the reimbursement of costs incurred under this Agreement shall rest with the Requesting Party, subject to the following conditions and exceptions: A. In accordance with this Agreement, the Division shall pay the costs incurred by an Assisting Party in responding to a request that the Division initiates on its own, and not for another Requesting Party. B. An Assisting Party shall xxxx the Division or other Requesting Party as soon as practicable, but not later than thirty (30) calendar days after the Period of Assistance has closed. Upon the request of any of the concerned Participating Parties, the State Coordinating Officer may extend this deadline for cause. C. If the Division or the Requesting Party protests any xxxx or item on a xxxx from an Assisting Party, it shall do so in writing as soon as practicable, but in no event later than thirty (30) calendar days after the xxxx is received. Failure to protest any xxxx or billed item in writing within thirty (30) calendar days shall constitute agreement to the xxxx and the items on the xxxx and waive the right to contest the xxxx. D. If the Division protests any xxxx or item on a xxxx from an Assisting Party, the Assisting Party shall have thirty (30) calendar days from the date of protest to present the xxxx or item to the original Requesting Party for payment, subject to any protest by the Requesting Party. E. If the Assisting Party cannot reach a mutual agreement with the Division or the Requesting Party to the settlement of any protested xxxx or billed item, the Division, the Assisting Party, or the Requesting Party may elect binding arbitration to determine its liability for the protested xxxx or billed item in accordance with Section F of this Article. F. If the Division or a Participating Party elects binding arbitration, it may select as an arbitrator any elected official of another Participating Party, or any other official of another Participating Party whose normal duties include emergency management, and the other Participating Party shall also select such an official as an arbitrator, and the arbitrators thus chosen shall select another such official as a third arbitrator. G. The three (3) arbitrators shall convene by teleconference or videoconference within thirty (30) calendar days to consider any documents and any statements or arguments by the Department, the Requesting Party, or the Assisting Party concerning the protest, and shall render a decision in writing not later than ten (10) business days after the close of the hearing. The decision of a majority of the arbitrators shall bind the parties, and shall be final. H. If the Requesting Party has not forwarded a request through the Division, or if an Assisting Party has rendered assistance without being requested to do so by the Division, the Division shall not be liable for the costs of any such assistance. All requests to the Federal Emergency Management Agency (FEMA) for the reimbursement of costs incurred by any Participating Party shall be made by and through the Division. I. If FEMA denies any request for reimbursement of costs which the Division has already advanced to an Assisting Party, the Assisting Party shall repay such costs to the Division, but the Division may waive such repayment for cause.

Procedures for Reimbursement. Unless the Division or the Assisting Party, as the case may be, state the contrary in writing, the ultimate responsibility for the reimbursement of costs incurred under this Agreement shall rest with the Requesting Party, subject to the following conditions and exceptions: A. In accordance with this Agreement, the Division shall pay the costs incurred by an Assisting Party in responding to a request that the Division initiates on its own, and not for another Requesting Party. B. An Assisting Party shall xxxx the Division or other Requesting Party as soon as practicable, but not later than thirty (30) calendar days after the Period of Assistance has closed. Upon the request of any of the concerned Participating Parties, the State Coordinating Officer may extend this deadline for cause. C. If the Division or the Requesting Party protests any xxxx or item on a xxxx from an Assisting Party, it shall do so in writing as soon as practicable, but in no event later than thirty (30) calendar days after the xxxx is received. Failure to protest any xxxx or billed item in writing within thirty (30) calendar days shall constitute agreement to the xxxx and the items on the xxxx and waive the right to contest the xxxx. D. If the Division protests any xxxx or item on a xxxx from an Assisting Party, the Assisting Party shall have thirty (30) calendar days from the date of protest to present the xxxx or item to the original Requesting Party for payment, subject to any protest by the Requesting Party. E. If the Assisting Party cannot reach a mutual agreement with the Division or the Requesting Party to the settlement of any protested xxxx or billed item, the Division, the Assisting Party, or the Requesting Party may elect binding arbitration to determine its liability for the protested xxxx or billed item in accordance with Section F of this Article. F. If the Division or a Participating Party elects binding arbitration, arbitration it may select as an arbitrator any elected official of another Participating Party, or any other official of another Participating Party whose normal duties include emergency management, and the other Participating Party shall also select such an official as an arbitrator, and the arbitrators thus chosen shall select another such official as a third arbitrator. G. The three (3) arbitrators shall convene by teleconference or videoconference within thirty (30) calendar days to consider any documents and any statements or arguments by the Department, the Requesting Party, or the Assisting Party concerning the protest, and shall render a decision in writing not later than ten (10) business days after the close of the hearing. The decision of a majority of the arbitrators shall bind the parties, and shall be final. H. If the Requesting Party has not forwarded a request through the Division, or if an Assisting Party has rendered assistance without being requested to do so by the Division, the Division shall not be liable for the costs of any such assistance. All requests to the Federal Emergency Management Agency (FEMA) for the reimbursement of costs incurred by any Participating Party shall be made by and through the Division. I. If FEMA denies any request for reimbursement of costs which the Division has already advanced to an Assisting Party, the Assisting Party shall repay such costs to the Division, but the Division may waive such repayment for cause.