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Last modified
7/19/2021 2:50:01 PM
Creation date
7/14/2021 9:44:10 AM
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Contracts
Company Name
CALTRANS
Contract #
A-2021-124
Agency
Public Works
Council Approval Date
7/6/2021
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ARTICLE IV - FISCAL PROVISIONS <br />1. All contractual obligations of STATE are subject to the appropriation of resources by the <br />Legislature and the allocation of resources by the CTC. <br />2. STATE'S financial commitment of STATE FUNDS will occur only upon the execution of this <br />AGREEMENT, the execution of each project -specific PROGRAM SUPPLEMENT and/or <br />STATE's approved finance letter. <br />3. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices in arrears for <br />reimbursement of allowable PROJECT costs at least once every six months commencing after <br />the STATE FUNDS are encumbered on either the project -specific PROGRAM SUPPLEMENT <br />or through a project -specific finance letter approved by STATE. STATE reserves the right to <br />suspend future allocations and invoice payments for any on -going or future STATE FUNDED <br />project performed by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by <br />ADMINISTERING AGENCY for a six-month period <br />4. Invoices shall be submitted on a standardized billing summary template, in accordance with <br />Chapter 5 of the LAPM to claim reimbursement by ADMINISTERING AGENCY. For <br />construction invoices, pay estimates must be included. <br />5. ADMINISTERING AGENCY must retain at least one copy of supporting backup <br />documentation for allowable costs incurred and claimed for reimbursement by <br />ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup <br />documentation with invoices if requested by State. Acceptable backup documentation includes, <br />but is not limited to, agency's progress payment to the contractors, copies of cancelled checks <br />showing amounts made payable to vendors and contractors, and/or a computerized summary of <br />PROJECT costs. <br />6. Payments to ADMINISTERING AGENCY can only be released by STATE as <br />reimbursements of actual allowable PROJECT costs already incurred and paid for by the <br />ADMINISTERING AGENCY. <br />7. Indirect Cost Allocation Plans/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service <br />Cost Allocation Plans and related documentation are to be prepared and provided to the <br />Inspector General - Independent Office of Audits and Investigations for review and approval <br />prior to ADMINISTERING AGENCY seeking reimbursement of indirect cost incurred within each <br />fiscal year being claimed for reimbursement. ICAPs/ICRPs must be prepared in accordance <br />with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the LAPM, and the ICAP/ICRP <br />approval procedures established by STATE. <br />8. STATE will withhold the greater of either two (2) percent of the total of all STATE FUNDS <br />encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY <br />submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT <br />PROJECT. <br />9. The estimated total cost of PROJECT, the amount of STATE FUNDS obligated, and the <br />required matching funds may be adjusted by mutual consent of the PARTIES with a finance <br />letter, and an allocation notification letter when applicable. STATE FUNDING may be increased <br />to cover PROJECT cost increases only if such additional funds are available and the CTC <br />and/or STATE concurs with that increase in the <br />Page 7 of 16 <br />
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