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2007-017
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Last modified
5/3/2017 10:19:20 AM
Creation date
9/30/2015 4:45:26 PM
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Resolutions
Resolution Number
2007-017
Approved Date
02/20/2007
Agenda Item Number
7.P.
Resolution Type
Sidewalk Improvements
Entity Name
Vero Beach Elementary School
Florida Department of Transportation
Subject
Execution of Agreement construction of 12th. St. sidewalk
Archived Roll/Disk#
3129
Supplemental fields
SmeadsoftID
2052
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION , <br />LOCAL AGENCY PROGRAM AGREEMENT <br />525-010-40 <br />PROJECT MANAGEMENT OFFICE <br />10/06 <br />Page 3 <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 incurred in <br />conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) 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 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 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 forwhich 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 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 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 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 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 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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