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2020-084 Ordinance
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2020-084 Ordinance
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8/19/2020 4:19:29 PM
Creation date
8/19/2020 4:11:43 PM
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North Olmsted Legislation
Legislation Number
2020-084
Legislation Date
8/18/2020
Year
2020
Legislation Title
ODOT Brookpark Road Agreement
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4. Direct labor, plus fringe benefits costs calculated using the LPA's ODOT approved <br />Fringe Benefits Rate, plus indirect costs calculated using the LPA's ODOT approved <br />Indirect Cost Rate. ° <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 currently has, or intends to negotiate, an ODOT approved fringe benefits rate <br />prior to the period of performance of this PROJECT, and <br />(C) Instead of using the Federal 10% De Minimis Indirect Cost Rate, the LPA currently has, <br />or intends to negotiate, an ODOT approved indirect cost rate prior to the period of <br />performance of this PROJECT. <br />For any allocable project labor costs to be eligible for reimbursement with Federal and/or State <br />funds, the LPA must maintain compliance with all timekeeping requirements specified in 2 CFR <br />Part 200 and the ODOT LPA Cost Recovery Guidance, including ODOT Questions and Answers <br />and related supplementary guidance, as applicable. Additionally, if the LPA elects to recover fringe <br />and/or indirect costs, the LPA shall maintain compliance with Appendix VII of 2 CFR Part 200 and <br />the LATP Manual of Procedures. <br />15.2 If the LPA decides to change its indirect cost recovery option, the change shall not become effective <br />until this Agreement is amended pursuant to section 15.12 below to reflect the indirect cost recovery <br />option utilized by the LPA on the PROJECT. <br />15.3 Financial Reporting and Audit Requirements: If one or more phases of this AGREEMENT include <br />a sub -award of federal funds to the LPA, the LPA shall comply with the financial reporting and audit <br />requirements of 2 CFR Part 200. If not, the financial reporting and audit requirements remain with <br />ODOT. <br />All non-federal entities, including ODOT's LPA subrecipients, that have aggregate federal awards <br />expenditures from all sources of $750,000 or more in the non-federal entity's fiscal year must have <br />a Single Audit, or program -specific audit, conducted for that year in accordance with the provisions <br />of 2 CFR Part 200. <br />LPAs that expend Federal and State funds in the Preliminary Engineering and/or Right of Way <br />phases of the Project must track these payments throughout the life of the in order to ensure an <br />accurate Schedule of Expenditures of Federal Award (hereinafter referred to as SEFA) is prepared <br />annually for all Applicable Federal Funds. Applicable Federal Funds are those that are identified <br />with the various project phases of this Agreement as a subaward. Applicable Federal Funds <br />include not only those LPA project expenditures that ODOT subsequently reimburses with Federal <br />funds, but also those Federal funds project expenditures that are disbursed directly by ODOT upon <br />the request of the LPA. <br />The LPA must separately identify each ODOT PID and/or Project and the corresponding <br />expenditures on its SEFA. LPAs are responsible for ensuring funds related to this PROJECT are <br />reported when the activity related to the Federal award occurs .5 Further, the LPA may make this <br />applicable. Accordingly, the fringe benefits rate applicable to different fiscal years throughout the period of performance of the <br />project may fluctuate to match changes to the ODOT approved rate. <br />[Also be sure to read footnote # 11 The fringe benefits and indirect cost rates billed to this project must be determined in <br />accordance with the Rate Agreement periodically negotiated with and approved by the Office of External Audits. The fiscal period <br />when the LPA's direct labor costs are paid will be matched with the ODOT approved rates for that fiscal year to determine which <br />rates are applicable. Accordingly, the rates applicable to different fiscal years throughout the period of performance of the project <br />may fluctuate to match changes to the ODOT approved rates. <br />5 Per 2 CFR §200.502 <br />Page 23 of 27 <br />Revision Date 3/26/2020 <br />
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