Fort Walton Beach Resolution — 2010-21 - Wright Parkway Sidewalk, LAP — reading text

Federal Highway Administration ( FHWA) may require. 3. 00 Project Cost: 3. 01 Total Cost: The total cost of the project is $ 180, 060. This amount is based upon the schedule of funding in Exhibit B." T he Agency agrees to bear all expenses in excess of the total cost of the project and any deficits involved. The schedule of funding may be modified by mutual agreement as provided for in paragraph 4. 00. 3. 02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the extent provided in Exhibit " B." This amount includes federal- aid funds which are limited to the actual amount of federal- aid participation. 3. 03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible project costs is subject to: a) Legi slative approval of the Department' s appropriation request in the work program year that the project is scheduled to be committed; b) Availability of funds as stated in paragraphs 3. 04 and 3. 05 of this Agreement; c) A pprovalof all plans, specifications, contracts or ot her obligating documents an d a II other terms of this Agreement; and d) Department approval of the project scope and budget at the time appropriation authority becomes available. 3. 04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent upon an annual ap propriation by the Legislature. If t he Department's funding for t his project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit " B" f or funding levels by fiscal year. Project costs ut ilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. 3. 05 Multi- Year Commitment: In the event this Agreement is in excess of $ 25, 000 and has a term for a period of more than one year, the provisions of Section 339. 135( 6)( a), Florida Statutes, are hereby incorporated:  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010- 40 PROJECT MANAGEMENT OFFICE LOCAL AGENCY PROGRAM AGREEMENT 02/ 09 Page 3 a) The department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves t he ex penditure of money in excess of t he amounts budgeted as Any contract, verbal or written, made in violation of this available for expenditure during such fiscal year. subsection is null and void, and no money may be paid on such contract. The department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or ot her binding commitment 0 f funds. Nothing herein contained shall pr event the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $ 25, 000 and which have a term for a period of more than 1 year." 3. 06 Notice- to- Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice- to- Proceed from the Department. 3. 07 Limits on Federal Participation: Federal- aid funds shall n ot participate i n an y cost which is n ot incurred i n conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations ( C. F. R.) and 49 C. F. R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part thereof involving such cost ( 23 C. F. R. 1. 9 ( a)). If FHWA or the Department determines that any amount claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported and the Department shall notify t he A gency in writing citing the reasons why items and a mounts ar e not el igible for federal par ticipation. Where correctable non- compliance with provisions of law or FHWA requirements exists, Federal funds may be withheld until compliance is obtained. Where non- compliance is not correctable, FHWA or the Department may deny participation in parcel or project costs in part or in total. For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment, the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice. 4. 00 Project Estimate and Disbursement Schedule: Prior tot he ex ecution of t his A greement, a pr oject schedule of funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the pr oject, and shall incur ob ligations aga inst a nd make di sbursements of pr oject funds on Iy in conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the Department' s Comptroller and tot he Department's Federal- aid Program 0 ffice. No increase or decrease s hall be effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's Comptroller. 5. 00 Records: 5. 01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Agency' s general accounting records and the project records, together with supporting documents and records of the Agency and all subcontractors performing work on the project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. If any litigation, claim or audit is started before the expiration of the 5- year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 5. 02 Costs Incurred for Project: The Agency shall charge to the project account all eligible costs of the project except costs agr eed to be b orne by t he A gency or its contractors and subcontractors. Costs in ex cess 0 f t he programmed funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 5. 03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the A gency or ot hers, s hall be supported by pr operly ex ecuted pa yrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges.  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010- 40 PROJECT MANAGEMENT OFFICE LOCAL AGENCY PROGRAM AGREEMENT 02/ 09 Page 4 5. 04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criteria: The administration of resources awarded by the Department to the Agency may be subject to audits and/ or monitoring by the Department, as described in this section. Monitoring: In add ition to reviews of au dits conducted in ac cordance with 0 MB Circular A- 133 and Section 215. 97, Florida Statutes, as revised ( see " Audits" below), monitoring procedures may include, but not be limited to, on- site visits by Department staff, limited scope audits as defined by OMB Circular A- 133, as revised, and/ or other procedures. By entering into t his Agreement, t he recipient agrees t 0 comply an d cooperate fully with an y monitoring procedures/ processes dee med appropriate by the Department. I n t he event the Department determines t hat a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department staff to the A gency regarding such a udit. The A gency further agr ees to comply and cooperate with any inspections, reviews, investigations or a udits deemed necessary by the FOOT's Office of I nspector General ( OIG), and the Chief Financial Officer ( CFO) or Auditor General. Audits Part I - Federally Funded: Recipients of federal funds ( i.e., state, local government or no n- profit or ganizations as defined in OMB Circular A- 133, as revised) are to have audits done annually using the following criteria: 1. In the event that the recipient expends $ 500, 000 or more in federal awards in its fiscal year, the recipient must have a single or program- specific audit conducted in accordance with the provisions of OMB Circular A- 133, as revised. Exhibit " 1" of this Agreement indicates federal resources awarded through t he Department by this Agreement. I n determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department. The determination of amounts of federal awards expended should be in ac cordance with the guidelines es tablished by OM B Circular A - 133, as revised. An au dit of the recipient conducted by t he Auditor General in ac cordance with the pr ovisions OMB Circular A- 133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1 the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A- 133, as revised. 3. If the recipient expends less than $ 500, 000 in federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A- 133, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMB Circular A- 133, as revised, the cost of the audit must be paid from non- federal resources ( i. e., the cost of such an audit must be paid from recipient resources obtained from other than