Common use of Reimbursement and Payment Provisions Clause in Contracts

Reimbursement and Payment Provisions. a. The cost of the Monitor, including the cost of any consultants and staff to the Monitor, shall be incurred by the State. The allocation of the cost of the Monitor, including the cost of any consultants and staff to the Monitor, shall be determined by the State, based upon utilization of the Monitor’s services. All reasonable expenses incurred by the Monitor in the course of the performance of his/her duties as set forth in the Consent Decree shall be reimbursed by the State. If a dispute arises regarding reasonableness of fees or costs, the Monitor shall provide an accounting justifying the fees or costs. b. The approved budget of the Monitor shall not exceed $300,000 in any State Fiscal Year during the pendency of this Consent Decree, inclusive of any costs and expenses for hired staff and consultants, without the approval of the State or the Court. c. Within 10 business days of his/her appointment, the Monitor shall submit to the Parties for approval a proposed budget for the first six months of operations. Before the conclusion of the first six months, the Monitor will submit a proposed budget for the following year and then submit proposed budgets annually thereafter. d. The Parties shall raise with the Monitor any objections they may have to the draft of the proposed budget within ten days of its receipt. The Parties and the Monitor shall work to resolve any objections within ten days of an objection being raised. If the objection cannot be resolved, a Party may thereafter file the objection with the Court. e. At any time, the Monitor may submit to the Parties for approval a proposed revision to the approved budget, along with any explanation of the reason for the proposed revision. Budget revisions will be effective upon approval by the Parties.