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2010-135
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2010-135
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Last modified
2/16/2016 10:51:05 AM
Creation date
10/1/2015 2:15:18 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
06/01/2010
Control Number
2010-135
Agenda Item Number
8.L.
Entity Name
Florida Department of Transportation (FDOT)
Subject
Local Agency Agreement
Area
8th Street Sidewalk
Supplemental fields
SmeadsoftID
9699
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 <br /> LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT <br /> o2ios <br /> Page 3 <br /> " (a) The department, during any fiscal year, shall not expend money , incur any liability , or enter into any <br /> contract which , by its terms , involves the expenditure of money in excess of the amounts budgeted as <br /> available for expenditure during such fiscal year. Any contract , verbal or written , made in violation of this <br /> subsection is null and void , and no money may be paid on such contract. The department shall require a <br /> statement from the comptroller of the Department that funds are available prior to entering into any such <br /> contract or other binding commitment of funds . Nothing herein contained shall prevent the making of <br /> contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of <br /> the services to be rendered or agreed to be paid for in succeeding fiscal years , and this paragraph shall <br /> be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25 , 000 <br /> and which have a term for a period of more than 1 year. " <br /> 3 . 06 Notice-to -Proceed : No cost may be incurred under this Agreement until the Agency has received a written Notice- <br /> to- Proceed from the Department. <br /> 3 .07 Limits on Federal Participation : Federal -aid funds shall not participate in any cost which is not <br /> incurred in <br /> conformity with applicable Federal and State laws , the regulations in 23 Code of Federal Regulations ( C . F . R . <br />) and 49 <br /> C . F . R . , and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid <br /> on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part <br /> thereof involving such cost (23 C . F . R . 1 . 9 ( a ) ) . If FHWA or the Department determines that any amount claimed <br /> is not <br /> eligible , federal participation may be approved in the amount determined to be adequately supported and the Department <br /> shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal <br /> participation . <br /> Where correctable non -compliance with provisions of law or FHWA requirements exists , Federal funds may be withheld <br /> until compliance is obtained . Where non -compliance is not correctable , FHWA or the Department may deny participation <br /> in parcel or project costs in part or in total . <br /> For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment, <br /> the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice . <br /> 4 .00 Project Estimate and Disbursement Schedule : Prior to the execution of this Agreement, a project schedule of <br /> funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of <br /> funding , carry out the project, and shall incur obligations against and make disbursements of project funds <br /> only in <br /> conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual <br /> written agreement between the Department and the Agency . If revised , a copy of the revision should be forwarded to the <br /> Department' s Comptroller and to the Department' s Federal-aid Program Office . No increase or decrease shall <br /> be <br /> effective unless it complies with fund participation requirements of this Agreement and is approved by the Department' s <br /> Comptroller. <br /> 5 . 00 Records : <br /> 5 . 01 Establishment and Maintenance of Accounting Records : Records of costs incurred under the terms of this <br /> Agreement shall be maintained and made available upon request to the Department at all times during the period of this <br /> Agreement and for 5 years after the final payment is made . Copies of these documents and records shall be furnished to <br /> the Department upon request. Records of costs incurred include the Agency' s general accounting records and the project <br /> records , together with supporting documents and records of the Agency and all subcontractors performing work on the <br /> project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit <br /> of costs . If any litigation , claim or audit is-started before the expiration of the 5-year period , the records shall be <br />retained <br /> until all litigation , claims or audit findings involving the records have been resolved . <br /> 5 . 02 Costs Incurred for Project : The Agency shall charge to the project account all eligible costs of the project except <br /> costs agreed to be borne by the Agency or its contractors and subcontractors . Costs in excess of the <br />programmed <br /> funding or attributable to actions which have not received the required approval of the Department shall not be considered <br /> eligible costs . <br /> 5 . 03 Documentation of Project Costs : All costs charged to the project, including any approved services contributed by <br /> the Agency or others , shall be supported by properly executed payrolls , time records , invoices , contracts or <br /> vouchers <br /> evidencing in proper detail the nature and propriety of the charges . <br /> - 5-:04 Audit Reports : Recipients of federal -and state funds are to have audits done annually using the -following criteria : <br />
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