Arkansas - Arkansas Valley Conduit_Contract

Home Browse Search

5.4. The maximum amount available during each fiscal year of this contract for the purchase of Goods and Services shall be: (a) Up to $200,000 in fiscal year 2009; (b) $200,000 less the amount spent in 2009 in fiscal year 2010; and (c) $200,000 less the amount spent in 2009 and 2010 in fiscal year 2011. 6. Availability of Funds This Contract is contingent upon the continuing availability of State appropriations as provided in Section 2 of the Colorado Special Provisions, incorporated as a part of this Contract. The State is prohibited by law from making fiscal commitments beyond the term of its current fiscal period. If Federal appropriations or grants fund this Contract in whole or in part, the Contract is subject to and contingent upon the continuing availability of appropriated Federal funds for this Contract. If State of Colorado or Federal funds are not appropriated, or otherwise become unavailable to fund this Contract, the State may immediately terminate the Contract in whole or in part without further liability. PROCEDURES FOR AND OBLIGATIONS OF CONTRACT PERFORMANCE 7. Billing/Payment Procedure 7.1. The State shall establish billing procedures and pay Grantee the Contract price or rate for Services performed, reviewed, and accepted pursuant to all the terms and conditions of this Contract, including without limitation, perFormance, quality, milestones and completion requirements for payment set forth in Exhibit A, Scope of Work, and the State's inspection and acceptance rights in Section 8. Grantee shall submit invoices for payment on forms and provide requested documentation in a manner prescribed or approved by the State. Payments pursuant to this Contract shall be made as earned, in whole or in part, from available funds encumbered for the purchase of the described Services. Incorrect payments by the State to Grantee due to omission, error, fraud, or defalcation shall be recovered from Grantee by deduction from subsequent payments under this Contract or other Contracts between the State and Grantee or collected as a debt due to the State. 7.2. Invoices and payments shall be mailed using the US Postal Service or other delivery service with a properly addressed stamped envelop to the following addresses: For the State: Department of Natural Resources, Colorado Water Conservation Board 1313 Sherman Street, Suite 721 Denver, CO 80203 Attention: Todd Doherty For Grantee: Southeastern Colorado Water Conservancy District 31717 United Avenue Pueblo, CO 81001 Attention: Philip Reynolds, Projects Manager 7.3. The State shall make payment in full with respect to each invoice within forty-five (45) days of receipt thereof; provided that the amount invoiced represents Services which have been accepted by the State and the form of the invoice is acceptable to the State. Uncontested amounts not paid by the State within forty-five (45) days sha11 bear interest on the unpaid balance beginning with the forty- sixth (46th) day at a rate of one percent (1 %) per month until paid in full; provided, however, that no Page 3 of 15