Common use of Year End and Final Claims Clause in Contracts

Year End and Final Claims. ‌ 23.1 During each COUNTY fiscal year, July 1 through June 30, covered under the term of this Agreement, COUNTY may establish two (2) billing periods (June 1st through June 15th and June 16th through June 30th) for the month of June which shall require CONTRACTOR submit separate invoice claims for each billing period. In the event COUNTY determines a need for two (2) billing periods during any or all COUNTY fiscal years, COUNTY will provide written notification to CONTRACTOR by the 15th of May of each corresponding fiscal year, which will inform CONTRACTOR of applicable invoice claim deadlines. 23.2 CONTRACTOR shall submit a final claim for each COUNTY fiscal year, July 1 through June 30, covered under the term of this Agreement, as stated in Paragraph 1, by no later than August 30th of each corresponding COUNTY fiscal year. Claims received after August 30th of each corresponding COUNTY fiscal year may, at ADMINISTRATOR’s sole discretion, not be reimbursed. ADMINISTRATOR may modify the date upon which the final claim per each COUNTY fiscal year must be received, upon written notice to CONTRACTOR. 23.2.1 The basis for final settlement shall be the actual allowable costs as defined in Title 45 CFR and 2 CFR, Part 200, incurred and paid by CONTRACTOR pursuant to this Agreement; limited, however, to the maximum funding obligation of COUNTY. In the event that any overpayment has been made, COUNTY may offset the amount of the overpayment against the final payment. In the event overpayment exceeds the final payment, CONTRACTOR shall pay COUNTY all such sums within five (5) business days of notice from COUNTY. Nothing herein shall be construed as limiting the remedies of COUNTY in the event an overpayment has been made.

Year End and Final Claims. ‌ 23.1 19.3.3.1 During each COUNTY fiscal year, July 1 through June 30, covered under the term of this Agreement, COUNTY may establish two (2) billing periods (June 1st through June 15th and June 16th through June 30th) for the month of June which shall require CONTRACTOR to submit separate invoice claims for each billing period. In the event COUNTY determines a need for two (2) billing periods during any or all COUNTY fiscal years, COUNTY will provide written notification to CONTRACTOR by the 15th of May of each corresponding fiscal year, which will inform CONTRACTOR of applicable invoice claim deadlines. 23.2 19.3.3.2 CONTRACTOR shall submit a final claim for each COUNTY fiscal year, July 1 through June 30, covered under the term of this Agreement, as stated in Paragraph 1, by no later than August 30th of each corresponding COUNTY fiscal year. Claims received after August 30th of each corresponding COUNTY fiscal year may, at ADMINISTRATOR’s sole discretion, not be reimbursed. ADMINISTRATOR may modify the date upon which the final claim per each COUNTY fiscal year must be received, upon written notice to CONTRACTOR. 23.2.1 19.3.3.3 The basis for final settlement shall be the actual allowable costs as defined in Title 45 CFR and 2 CFR, Part 200, incurred and paid by CONTRACTOR pursuant to this Agreement; limited, however, to the maximum funding obligation of COUNTY. In the event that any overpayment has been made, COUNTY may offset the amount of the overpayment against the final payment. In the event overpayment exceeds the final payment, CONTRACTOR shall pay COUNTY all such sums within five (5) business days of notice from COUNTY. Nothing herein shall be construed as limiting the remedies of COUNTY in the event an overpayment has been made.”

Year End and Final Claims. ‌ 23.1 During each COUNTY fiscal year14.1.4.1 Final claims for the term of July 1, July 1 2020, through June 30, covered under 2021, must be received no later than August 30, 2021, at 5:00 p.m. 14.1.4.2 Final claims for the term of this AgreementJuly 1, COUNTY may establish two (2) billing periods (June 1st through June 15th and June 16th through June 30th) for the month of June which shall require CONTRACTOR submit separate invoice claims for each billing period. In the event COUNTY determines a need for two (2) billing periods during any or all COUNTY fiscal years2021, COUNTY will provide written notification to CONTRACTOR by the 15th of May of each corresponding fiscal year, which will inform CONTRACTOR of applicable invoice claim deadlines. 23.2 CONTRACTOR shall submit a final claim for each COUNTY fiscal year, July 1 through June 30, covered under the term of this Agreement2022, as stated in Paragraph 1, by must be received no later than August 30th 30, 2022, at 5:00 p.m. 14.1.4.3 Final claims for the term of each corresponding COUNTY fiscal year. July 1, 2022, through June 30, 2023, must be received no later than August 30, 2023, at 5:00 p.m. 14.1.4.4 Claims received after August 30th of each corresponding COUNTY fiscal year may, at ADMINISTRATOR’s sole discretion, the dates specified in Subparagraphs 14.1.4.1 to 14.1.4.3 may not be reimbursed. ADMINISTRATOR COUNTY may modify the date upon which the final claim per each COUNTY fiscal year must be received, upon written notice to CONTRACTOROCDE. 23.2.1 14.1.4.5 The basis for final settlement shall be the actual allowable costs as defined in Title 45 CFR and 2 CFR, Part 200OMB Circular A-21, incurred and paid by CONTRACTOR OCDE pursuant to this AgreementMOU; limited, however, to the maximum funding obligation of COUNTY. In the event that any overpayment has been made, COUNTY may offset the amount of the overpayment against the final payment. In the event overpayment exceeds the final payment, CONTRACTOR OCDE shall pay COUNTY all such sums within five (5) business days of notice from COUNTY. Nothing herein shall be construed as limiting the remedies of COUNTY in the event an overpayment has been made. OVERPAYMENTS Any payment(s) made by COUNTY to OCDE in excess of that to which OCDE is entitled under this MOU shall be repaid to COUNTY, in accordance with any CDV1020 Page 29 of 52 February 7, 2020 applicable regulations and/or policies in effect during the term of this MOU, or as established by COUNTY procedure. Any overpayments made by COUNTY which result from a payment by any other funding source shall be repaid, at the discretion of COUNTY, to COUNTY or the funding source. Unless earlier repaid, OCDE shall make repayment within thirty (30) days after the date of the final audit findings report and prior to any administrative appeal process. In the event an overpayment owing by OCDE is collected from COUNTY by the funding source, then OCDE shall reimburse COUNTY within thirty (30) days thereafter and prior to any administrative appeal process. OCDE agrees to pay all costs incurred by COUNTY necessary to enforce the provisions set forth in this Paragraph. OCDE shall complete and submit to COUNTY a final report within sixty (60) days after the termination of this MOU, which shall summarize the activities and services provided by OCDE during the term of this MOU. OCDE and COUNTY may mutually agree to modify the date upon which the final report must be submitted. Any agreement must be in writing. INDEPENDENT AUDIT 14.4.1 OCDE shall employ a licensed certified public accountant who shall prepare and file with COUNTY an annual organization-wide audit of related expenditures during the term of this MOU in compliance with 31 USC 7501 – 7507, as well as its implementing regulations under 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards. If OCDE is not subject to the aforementioned regulations for any year covered during the term of this MOU, OCDE shall provide ADMINISTRATOR an Independent Auditor’s Report of OCDE financial statements. The audit must be performed in accordance with generally accepted government auditing CDV1020 Page 30 of 52 February 7, 2020 standards. OCDE shall cooperate with COUNTY, State, and/or federal agencies to ensure that corrective action is taken within six (6) months after issuance of all audit reports with regard to audit exceptions. 14.4.2 It is mutually understood that OCDE yearly fiscal cycle covers July 1 through June 30. OCDE shall provide ADMINISTRATOR copies of organization-wide audits for each of the fiscal cycles corresponding with the term of this MOU. OCDE shall provide each audit within fourteen (14) calendar days of OCDE receipt. Failure of OCDE to comply with this Paragraph shall be sufficient cause for COUNTY to deny payment under this or any subsequent MOU with OCDE until such time as the required audit(s) are provided to COUNTY. COUNTY may modify OCDE audit submission deadline upon notice to OCDE.

Year End and Final Claims. ‌ 23.1 19.3.3.1 During each COUNTY fiscal year, July 1 through June 30, covered under the term of this Agreement, COUNTY may establish two (2) billing periods (June 1st through June 15th and June 16th through June 30th) for the month of June which shall require CONTRACTOR to submit separate invoice claims for each billing period. In the event COUNTY determines a need for two (2) billing periods during any or all COUNTY fiscal years, COUNTY will provide written notification to CONTRACTOR by the 15th of May of each corresponding fiscal year, which will inform CONTRACTOR of applicable invoice claim deadlines. 23.2 19.3.3.2 CONTRACTOR shall submit a final claim for each COUNTY fiscal year, July 1 through June 30, covered under the term of this Agreement, as stated in Paragraph 1, by no later than August 30th of each corresponding COUNTY fiscal year. Claims received after August 30th of each corresponding COUNTY fiscal year may, at ADMINISTRATOR’s sole discretion, not be reimbursed. ADMINISTRATOR may modify the date upon which the final claim per each COUNTY fiscal year must be received, upon written notice to CONTRACTOR. 23.2.1 19.3.3.3 The basis for final settlement shall be the thefor actual allowable costs as defined in Title 45 CFR and 2 CFR, Part 200, incurred and paid by CONTRACTOR pursuant to this Agreement; limited, however, to the maximum funding obligation of COUNTY. In the event that any overpayment has been made, COUNTY may offset the amount of the overpayment against the final payment. In the event overpayment exceeds the final payment, CONTRACTOR shall , as defined in Title 2 CFR Part 200, or as approved by ADMINISTRATOR. However, COUNTY, at its sole discretion, may pay COUNTY all such sums within five (5) business days of notice from COUNTY. Nothing herein shall be construed as limiting the remedies of COUNTY in the event an overpayment has been made.”

Year End and Final Claims. ‌ 23.1 19.3.3.1 During each COUNTY fiscal year, July 1 through June 30, covered under the term of this Agreement, COUNTY may establish two (2) billing periods (June 1st through June 15th and June 16th through June 30th) for the month of June which shall require CONTRACTOR to submit separate invoice claims for each billing period. In the event COUNTY determines a need for two (2) billing periods during any or all COUNTY fiscal years, COUNTY will provide written notification to CONTRACTOR by the 15th of May of each corresponding fiscal year, which will inform CONTRACTOR of applicable invoice claim deadlines. 23.2 19.3.3.2 CONTRACTOR shall submit a final claim for each COUNTY fiscal year, July 1 through June 30, covered under the term of this Agreement, as stated in Paragraph 1, by no later than August 30th of each corresponding COUNTY fiscal year. Claims received after August 30th of each corresponding COUNTY fiscal year may, at ADMINISTRATOR’s sole discretion, not be reimbursed. ADMINISTRATOR may modify the date upon which the final claim per each COUNTY fiscal year must be received, upon written notice to CONTRACTOR. 23.2.1 19.3.3.3 The basis for final settlement shall be the thefor actual allowable costs as defined in Title 45 CFR and 2 CFR, Part 200, incurred and paid by CONTRACTOR pursuant to this Agreement; limited, however, to the maximum funding obligation of COUNTY. In the event that any overpayment has been made, COUNTY may offset the amount of the overpayment against the final payment. In the event overpayment exceeds the final payment, CONTRACTOR shall , as defined in Title 2 CFR Part 200, or as approved by ADMINISTRATOR. However, COUNTY, at its sole discretion, may pay COUNTY all such sums within five (5) business days of notice from COUNTY. Nothing herein shall be construed as limiting the remedies of COUNTY in the event an overpayment has been made.” CONTRACTOR for anticipated allowable costs to continue services to clients during an emergency and/or disaster shall be incurred by the Contractor. These costs may include, but are not limited to: Personal Protective Equipment or other supplies necessary to conduct business during an emergency and/or disaster.”that will be incurred by CONTRACTOR for June 2019, 2020, 2021, 2022 and 2023, during the month of such anticipated expenditure” 3. Subparagraph 34.2.4 of the Agreement is hereby amended to read as follows:

Year End and Final Claims. ‌27 19.3.4.1 During each COUNTY fiscal year, July 1 28 through June 30, covered under the term of this Agreement, COUNTY may 1 establish two (2) billing periods (June 1st through June 15th and June 16th 2 through June 30th) for the month of June which shall require CONTRACTOR submit 3 separate invoice claims for each billing period. In the event COUNTY 5 years, COUNTY will provide written notification to CONTRACTOR by the 15th of 6 May of each corresponding fiscal year, which will inform CONTRACTOR of 7 applicable invoice claim deadlines. 23.1 During 8 19.3.4.2 CONTRACTOR shall submit a final claim for 9 each COUNTY fiscal year, July 1 through June 30, covered under the term of this Agreement, COUNTY may establish two (2) billing periods (June 1st through June 15th and June 16th through June 30th) for the month of June which shall require CONTRACTOR submit separate invoice claims for each billing period. In the event COUNTY determines a need for two (2) billing periods during any or all COUNTY fiscal years, COUNTY will provide written notification to CONTRACTOR by the 15th of May of each corresponding fiscal year, which will inform CONTRACTOR of applicable invoice claim deadlines. 23.2 CONTRACTOR shall submit a final claim for each COUNTY fiscal year, July 1 through June 30, covered under the term of 10 this Agreement, as stated in Paragraph 1, by no later than August 30th of each 11 corresponding COUNTY fiscal year. Claims received after August 30th of each 12 corresponding COUNTY fiscal year may, at ADMINISTRATOR’s sole discretion, not 13 be reimbursed. ADMINISTRATOR may modify the date upon which the final claim 14 per each COUNTY fiscal year must be received, upon written notice to 15 CONTRACTOR. 23.2.1 16 19.3.4.3 The basis for final settlement shall be the 17 actual allowable costs as defined in Title 45 CFR and 2 CFR, Part 200, 18 incurred and paid by CONTRACTOR pursuant to this Agreement; limited, however, 19 to the maximum funding obligation of COUNTY. In the event that any overpayment has 20 been made, COUNTY may offset the amount of the overpayment against the final 21 payment. In the event overpayment exceeds the final payment, CONTRACTOR shall 22 pay COUNTY all such sums within five (5) business days of notice from COUNTY. 23 Nothing herein shall be construed as limiting the remedies of COUNTY in the 24 event an overpayment has been made.