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13.2 The LPA hereby agrees to accept responsibility for any and all damages or claims for which it is <br />legally liable arising from the actionable negligence of its officers, employees or agents in the <br />performance of the LPA's obligations made or agreed to herein. <br />14. NOTICE <br />14.1 Notice under this Agreement shall be directed as follows: <br />If to the LPA: if to ODOT: <br />W. Dever Director John Picuri District 12 Deputy Director_ <br />ga County_D t, of Public Works _ Ohio Department of Transportation <br />Ninth St., Ss' Floor _ 5500_Transportation Blvd. <br />rid, Ohio 44115 Garfield Heights, Ohio 44125 _ <br />plcuyahogacoun us_ John.Picu -@doLohio.gov <br />- — - n@doLohio.gov <br />15. GENERAL PROVISIONS <br />15.1 Recovery of LPA's allocable project Direct Labor, Fringe Benefits, and/or Indirect Costs: <br />To be eligible to recover any costs associated with the LPA's internal labor forces allocable to this <br />PROJECT, the LPA shall make an appropriate selection below: [LPA official must initial the option <br />selected.] <br />1. No cost recovery of LPA's project direct tabor, fringe benefits, or overhead costs. <br />(A) The LPA does not currently maintain an MOT approved federally compliant time - <br />tracking system', and <br />(B) The LPA does not intend to have a federally compliant time -tracking system <br />developed, implemented, and approved by ODOT prior to the period of performance of <br />this PROJECT, and/lor <br />(C) The LPA does not intend to pursue recovery of these project direct labor, fringe <br />benefits, or overhead costs during the period of performance of this PROJECT <br />Agreement. <br />2. Direct labor plus indirect costs calculated using the Federal 10°% De Minimis Indirect <br />Cost Rate. 2 <br />(A) The LPA currently maintains, or Intends to develop and implement prior to the period <br />of performance of this PROJECT, an ODOT approved federally compliant time -tracking <br />system, and <br />(B) The LPA does not currently have, and does not intend to negotiate, an ODOT <br />approved fringe benefits rate prior to the period of performance of this PROJECT. <br />1 A `federally compliant time -tracking system" Is supported by a system of internal controls and record -keeping that aocuratey <br />reflects the work performed: which provides reasonable assurance that the time being charged is accurate. allowable, and <br />properly allocated; is incorporated in official reoords such as payroll records; reasonably reflects the employee's total activity; <br />provides a time or percentage breakdown on all activities, both Federally funded and non -Federally funded for the employee and <br />complies with the LPA's pre -established accounting practices and procedures. <br />2 [Aleo be sure to read footnote # it The De Mirtimis Indirect Cost Rafe is 10 percent of modified total direct costs (MTDC) per 2 <br />CFR §200.414. The definition of MTDC is provided in the regulation at 2 CFR §200.68. Any questions regarding the calculation <br />of MTDC for a specific project should be directed to the Office of Local Programe. Further, regardless of whether the LPA <br />subrscipient negotiates overhead rates with ODOT or uses the 10-percent de minims rate, LPAs are required b maintain <br />Federally -compliant time -tract ling syste ns. Accordingly. LPAs we permitted to bill for labor costs, and than potentially associated <br />Page 13 of 19 <br />Revision Date 3/14/022 <br />