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2017-058 Ordinance
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2017-058 Ordinance
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9/6/2017 2:13:02 PM
Creation date
9/6/2017 2:02:17 PM
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North Olmsted Legislation
Legislation Number
2017-058
Legislation Date
9/5/2017
Year
2017
Legislation Title
Traffic Signalization Project
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12.4 No remedy herein conferred upon or reserved by ODOT is intended to be exclusive of any other available <br />remedy, but each and every such remedy shall be cumulative and shall be in addition to every other remedy <br />given under this Agreement or now or hereafter existing at law or in equity. No delay or omission to exercise <br />any right or option accruing to ODOT upon any default by the LPA shall impair any such right or option or <br />shall be construed to be a waiver thereof, but any such right or option may be exercised from time to time <br />and as often as may be deemed expedient by ODOT. <br />13. THIRD PARTIES AND RESPONSIBILITIES FOR CLAIMS <br />13.1 Nothing in this Agreement shall be construed as conferring any legal rights, privileges, or immunities, or <br />imposing any legal duties or obligations, on any person or persons other than the parties named in this <br />Agreement, whether such rights, privileges, immunities, duties, or obligations be regarded as contractual, <br />equitable, or beneficial in nature as to such other person or persons. Nothing in this Agreement shall be <br />construed as creating any legal relations between the Director and any person performing services or <br />supplying any equipment, materials, goods, or supplies for the PROJECT sufficient to impose upon the <br />Director any of the obligations specified in section 126.30 of the ORC. <br />13.2 The LPA hereby agrees to accept responsibility for any and all damages or claims for which it is legally liable <br />arising from the actionable negligence of its officers, employees or agents in the performance of the LPA's <br />obligations made or agreed to herein. <br />14. NOTICE <br />14.1 <br />15. <br />15.1 <br />Notice under this Agreement shall be directed as follows: <br />If to the LPA: <br />Kevin Kennedy, Mayor <br />City of North Olmsted <br />5200 Dover Center Road <br />North Olmsted, Ohio 44070 <br />GENERAL PROVISIONS <br />If to ODOT: <br />Myron S. Pakush, Deputy Director <br />ODOT District 12 <br />5500 Transportation Boulevard <br />Garfield Heights, Ohio 44125 <br />Financial Reporting and Audit Requirements: The LPA shall comply with the financial reporting and audit <br />requirements of 2 CFR Part 200. <br />The LPA must submit performance reports at the interval required by the Federal awarding agency and <br />pass-through entity. Annual reports must be due 90 calendar days after the reporting period; quarterly and <br />semi-annual reports must be due 30 calendar days after the reporting period. Alternatively, ODOT may <br />require annual reports before the anniversary dates of multiple year Federal awards.' <br />LPAs that expend $750,000 or more in the LPA's fiscal year in Federal awards must have a Single Audit, or <br />program -specific audit, conducted for that year in accordance with 2 CFR §200.501. <br />Federal and State funds expended to or on behalf of a subrecipient must be recorded by the subrecipient <br />(LPA). The LPA is responsible for tracking these payments throughout the life of the project in order to <br />ensure an accurate Schedule of Expenditures of Federal Award (hereinafter referred to as Schedule) is <br />provided for 20.205 funding. The LPA must identify each ODOT PID and/or Project and the corresponding <br />expenditures on its Schedule separately. LPAS are responsible for ensuring funds related to this PROJECT <br />1 See 2 CFR §200.328. <br />19 <br />
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