Exhibit_A-_Budget_Detail_and_Payment_Provisions.docx

ESRI Enterprise BU 3940 Event ID 0000033425 Exhibit A- Budget Detail and Payment Provisions

EXHIBIT A

BUDGET DETAIL AND PAYMENT PROVISIONS

1. INVOICING AND PAYMENT

A. For services satisfactorily rendered, and upon receipt and approval of the invoices, the Water Boards agree to compensate the Contractor in accordance with the rates specified herein, which are attached hereto and made a part of this Agreement.

B. Invoices shall include the Agreement Number and shall not be submitted more frequently than annually in advance to:

Cheryl Holden, Contract Manager State Water Resources Control Board – DIT 1001 I Street, 8th Floor Sacramento, California 95814

C. The Contractor shall also send a copy of the invoice or payment request to the Water Boards’ Accounting Operations Section:

State Water Resources Control Board – Accounting 1001 I Street, 18th Floor Sacramento, California 95814

D. Contractors who are certified as small businesses or recognized as non-profit organizations by the Office of Small Business and Disabled Veteran Business Enterprise Services (OSDS) will be paid in accordance with California Government Code, Title 1, Section 926.15. Invoices for all other Contractors shall be paid within forty-five (45) calendar days. In either situation, payment of any invoice will be made only after receipt of a complete, adequately supported, properly documented, and accurately addressed invoice or payment request. Failure to use the address exactly as provided above may result in return of the invoice or payment request to the Contractor. Payment shall be deemed complete upon deposit of the payment, properly addressed, postage prepaid, in the United States mail. All invoices must be approved by the Contract Manager.

E. The invoice shall contain the following information:

1. The word “INVOICE” should appear in a prominent location at the top of page(s);

2. Printed name of the Contractor;

3. Business address of the Contractor, including P.O. Box, City, State, and Zip Code;

4. The date of the invoice;

5. The number of the Agreement upon which the claim is based; and

6. An itemized account of the services for which the Water Boards is being billed;

a) The time period covered by the invoice, i.e., the term “from” and “to”;

b) A brief description of the services performed;

c) The method of computing the amount due. On cost reimbursable Agreements, invoices must be itemized based on the categories specified in the Budget. The amount claimed for salaries/wages/consultant fees must also be explained, i.e., hours or days worked times the hourly or daily rate = the total amount claimed;

d) The total amount due; this should be in a prominent location in the lower right-hand portion of the last page and clearly distinguished from other figures or computations appearing on the invoice; the total amount due shall include all costs incurred by the Contractor under the terms of this Agreement; and

e) Original signature of Contractor (not required of established firms or entities using preprinted letterhead invoices).

f) A line item for any payments made to a Disabled Veteran’s Business Enterprise (DVBE) subcontractor.

2. BUDGET CONTINGENCY CLAUSE

A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the Water Boards shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.

B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the Water Boards shall have the option to either cancel this Agreement with no liability occurring to the Water Boards or offer an Agreement Amendment to Contractor to reflect the reduced amount.

C. The Water Boards’ obligation to make any payments under this Contract shall be suspended during such time as the Budget Act covering that fiscal year has not been approved by the Legislature and signed into law by the Governor.

3. PROMPT PAYMENT CLAUSE

A. Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

4. EXPENSE ALLOWABILITY/FISCAL DOCUMENTATION

1. Invoices received from a Contractor and accepted and/or submitted for payment by the Water Boards, shall not be deemed evidence of allowable Agreement costs.

1. The Contractor shall maintain for review and audit and supply to the Water Boards upon request, adequate documentation of all expenses claimed pursuant to this Agreement to permit a determination of expense allowability.

1. If the allowability or appropriateness of an expense cannot be determined by the Water Boards because invoice detail, fiscal records, or backup documentation is nonexistent or inadequate according to generally accepted accounting principles or practices, all questionable costs may be disallowed, and payment may be withheld by the Water Boards. Upon receipt of adequate documentation supporting a disallowed or questionable expense, reimbursement may resume for the amount substantiated and deemed allowable.

1. Travel is a non-reimbursable expense. The Contractor is responsible for their own travel expenses.

1. Costs and/or expenses deemed unallowable are subject to recovery by the Water Boards. See provision entitled, “Recovery of Overpayments” for more information.

5. RECOVERY OF OVERPAYMENTS

A. Contractor agrees that claims based upon a contractual agreement or an audit finding and/or an audit finding that is appealed and upheld, will be recovered by the Water Boards by one of the following options:

1. Contractor’s remittance to the Water Boards of the full amount of the audit exception within thirty (30) days following the Water Boards’ request for repayment;

2. A repayment schedule, which is agreeable to both the Water Boards and the Contractor.

B. The Water Boards reserves the right to select which option will be employed and the Contractor will be notified by the Water Boards in writing of the claim procedure to be utilized.

C. Interest on the unpaid balance of the audit finding or debt will accrue at a rate equal to the monthly average of the rate received on investments in the Pooled Money Investment Fund commencing on the date that an audit or examination finding is mailed to the Contractor, beginning thirty (30) days after Contractor’s receipt of the Water Boards’ demand for repayment, or commencing on the date that an audit or examination finding is mailed to the Contractor, if applicable.

D. If the Contractor has filed a valid appeal regarding the report of audit findings, recovery of the overpayments will be deferred until a final administrative decision on the appeal has been reached. If the Contractor loses the final administrative appeal, Contractor shall repay, to the Water Boards, the over-claimed or disallowed expenses, plus accrued interest. Interest accrues from the Contractor’s first receipt of Water Boards’ notice requesting reimbursement of questioned audit costs or disallowed expenses.