11-14-16 Regular Meeting of the La Porte City Council

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Exhibit Band in accordance with performance. Reimbursement requests must include an invoice with required source documentation on a form approved by the County and submitted on or before the tenth th (10) working day of the month for costs incurred during the preceding month. Prior to payment, the County and the Harris County Auditor must approve all invoices. Incorrect reimbursement request may be returned to La Porte for correction and resubmission. Payments will be adjusted in accordance with advance fund and program income balances available in La Porteaccounts. In addition, the County reserves the right to liquidate funds available under this Agreement for costs incurred by the County on behalf of La Porte. Final reimbursement requests for La Porte shall be received by the County no later than sixty (60) days after completion of the Agreement period. Any requests received after sixty (60) days will not be processed for payment and this Agreement will become void and the remaining funds de-obligated. All unexpended FTA 5307 Grant funds by the La Porte will be de-obligated and recaptured by the County. F. Retainage Disbursement of funds under this Agreement shall be subject to retainage provisions of Section 2252.032 of the Texas Government Code, as it may be amended from time to time. If La Porte chooses to require retainage, La Porte shall include the following in all contracts used to complete the Services: The Contractor agrees further to return retainage payments to each subcontractor within 10 days after the subcontractor's work is satisfactorily completed. Harris County CSD has also established the following additional mechanisms to ensure prompt payment and La Porte will include it in all contractual agreements. Billing Disputes: If a payment dispute arises between the Contractor and any Subcontractor or Supplier related to this Contract, the Contractor shall provide a written response to the Subcontractor or Supplier, with a copy to the Project Manager, specifically addressing any disputed amounts. The Contractor should resolve all disputed invoices at the earliest time to avoid a delay in the submission of required subcontractor/supplier payment certifications that could delay payment to the Contractor. In the event that the Contractor cannot resolve a subcontractor or supplier disputed invoice, the Contractor shall bring the matter to the attention of the Contracting Officer at the time of submitting the Contractor's invoice for payment. The Project Manager will investigate the situation and make a determination whether the Contractor's invoice should be processed for payment without the required subcontractor or supplier certification. The Project Manager will not mediate the dispute between the Contractor and any subcontractor or supplier in the resolution of disputed invoices. At no time will the Contractor invoice La Porte for amounts in dispute without prior notification to the Project Manager. Subcontractors: The Contractor shall not, without the written consent of La Porte, terminate a subcontractor, or replace a subcontractor previously listed or permit such subcontract to be assigned or transferred, or allow that portion of the work to be performed by anyone other than the listed subcontractor, except the Contractor may perform a previously subcontracted portion of the work itself with qualified personnel upon written approval from La Porte. After award, the Contractor shall not enter into a subcontract for work to be performed without prior notification to La Porte. At no time will the Contractor invoice La Porte for amounts pertaining to subcontractors terminated or substituted without prior approval Page 9 of 58