Resolution 2014-21 - Laserfiche WebLink

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§8.F, Local Agency shall not commence Work on any phase until it receives a notice to proceed from the State; such notice to proceed shall not be issued without a fully executed Task Order for such phase. B. Payment i. Advance, Interim and Final Payments Any advance payment allowed under this Agreement or in any Task Order shall comply with State Fiscal Rules and be made in accordance with the provisions of this Agreement. The Local Agency shall initiate any payment requests by submitting invoices to the State in the form and manner, approved by the State. ii. Interest The State shall fully pay each invoice within 45 days of receipt thereof if the amount invoiced represents performance by the Local Agency previously accepted by the State. Uncontested amounts not paid by the State within 45 days shall bear interest on the unpaid balance beginning on the 46th day at a rate not to exceed one percent per month until paid in full; provided, however, that interest shall not accrue on unpaid amounts that are subject to a good faith dispute. The Local Agency shall invoice the State separately for accrued interest on delinquent amounts. The billing shall reference the delinquent payment, the number of days interest to be paid and the interest rate. iii. Available Funds -Contingency -Termination The State is prohibited by law from making commitments beyond the term of the State's current fiscal year. Therefore, the Local Agency's compensation beyond the State's current Fiscal Year is contingent upon the continuing availability of State appropriations as provided in the Colorado Special Provisions. The State's performance hereunder is also contingent upon the continuing availability of federal funds. Payments pursuant to this Agreement shall be made only from available funds encumbered for this Agreement through Task Orders and the State's liability for such payments shall be limited to the amount remaining of such Agreement Funds. If State or federal funds are not appropriated, or otherwise become unavailable to fund this Agreement, the State may terminate this Agreement immediately, in whole or in part, without further liability in accordance with the provisions hereof. iv. Erroneous Payments At the State's sole discretion, payments made to the Local Agency in error for any reason, including, but not limited to overpayments or improper payments, and unexpended or excess funds received by the Local Agency, may be recovered from the Local Agency by deduction from subsequent payments under this Agreement or other contracts, grants or agreements between the State and the Local Agency or by other appropriate methods and collected as a debt due to the State. Such funds shall not be paid to any party other than the State. C. Use of Funds Agreement Funds shall be used only for eligible costs identified herein. D. Local Funds The Local Agency shall provide Local Funds as specified in Task Order Budget(s). The Local Agency shall have raised the full amount of Local Funds prior to the effective date of the authorized Task Order and shall report to the State regarding the status of such funds upon request. The Local Agency's obligation to pay all or any part of any Local Funds, whether direct or contingent, only extend to funds duly and lawfully appropriated for the purposes of this Agreement by the authorized representatives of the Local Agency and paid into the Local Agency's treasury. The Local Agency represents to the State that the amount designated "Local Funds" in an authorized Task Order Budget has been legally appropriated for the purpose of this Agreement by its authorized representatives and paid into its treasury. The Local Agency does not by this Agreement irrevocably pledge present cash reserves for payments in future fiscal years, and this Agreement is not intended to create a multiple -fiscal year debt of the Local Agency. The Local Agency shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required by the Local Agency's laws or policies. Page 11 of 26