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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 <br /> LOCAL AGENCY PROGRAM AGREEMENT PROJEOTMANAGEMENTO 030E7 <br /> Page 3 <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 <br /> not incurred in <br /> conformity with applicable Federal and State laws , the regulations in 23 Code of Federal Regulations (C . <br /> F . R . ) and 49 <br /> C . F . R . , and policies and procedures prescribed by the Division Administrator of FHWA . Federal funds shall not <br /> be paid <br /> on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project <br /> or part <br /> thereof involving such cost (23 C . F . R . 1 . 9 ( a ) ) . If FHWA or the Department determines that any amount <br /> 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 <br /> 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 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 <br /> of <br /> funding shall be prepared by the Agency and approved by the Department . The Agency shall maintain said schedule <br /> of <br /> funding , carry out the project , and shall incur obligations against and make disbursements of project <br />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' <br />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 <br /> of this <br /> Agreement and for 5 years after the final payment is made . Copies of these documents and records shall be furnished <br /> 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 <br /> 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 <br /> 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 <br /> except <br /> costs agreed to be borne by the Agency or its contractors and subcontractors . Costs in excess <br /> 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 <br /> 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 /> The administration of resources awarded by the Department to the Agency may be subject to audits and/or monitoring by <br />