8-15-Teanaway Res-2017-139 - Laserfiche WebLink

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IX. GENERAL TERl'\1S AND CONDITIONS A. GENERAL TERMS AND CONDITIONS Background. To promote accelerated and efficient delivery of projects that benefit Federal Land Management Agencies, the Secretary has exercised his discretion under 23 U.S.C. § 201(a) and § 204(a)(3) to apply Title 23 U.S.C. Chapter 1 requirements (Federal Aid requirements) to Federal Lands Access Projects delivered by State Departments of Transportation (DOTs) and local public agencies that are evaluated and certified by State DOTs to deliver Federal Aid projects. In instances where a local public agency is not certified to deliver Federal-aid projects and Federal Lands Access projects are delivered by the local public agency cooperatively with Federal Lands Highway Division office oversight, the government-wide Common Rule (2 CFR 200) will be applied, This cooperative relationship will enable the FLH to identify any federal law issues in cooperation with the local public agency which may arise in the project development and delivery process. 1. The Agreement provides funds on a reimbw'sable basis to the Servicing Agency for the project described in the Access Program Project Memorandum of Agreement. 2. The Government's liability to make payments to the Servicing Agency under the Agreement is limited to those funds obligated by the Government under the Agreement as indicated herein and by any subsequent amendments agreed to in writing by all parties. 3. The Servicing Agency agrees to abide by and comply with all terms and conditions of the Agreement and to abide by, and comply with, all requirements of applicable law, including those specified in this Attachment, which are considered as an integral part of the Agreement. 4. In the case of any inconsistency or conflict between the specific provisions of the Agreement and this Attachment, such inconsistency or conflict shall be resolved by giving preference to the Agreement. 5. The Servicing Agency shall be responsible for ensuring that the Project is designed and/or constructed in accordance with the Agreement, and all applicable Federal laws, regulations and policies of the Federal Highway Administration ("FHW A" also refened to herein as the "Government). 6. Reimbursement of costs incurred pursuant to the Agreement will be made pursuant to and in accordance with 2 CFR P8.11 200 and the provisions of such regulations and procedures as the Government may prescribe. Determination of allowable costs incuned by the Servicing Agency under the Agreement shall be made in accordance with applicable government-wide cost pdnciples under 2 CFR 200. Closeout of the Agreement shall be based upon a determination that all applicable administrative actions and aU required work of the Agreement have been completed in accordance with 2 CFR Part 200. Upon the Government's review of all financial, performance, and other reports required as a condition of the Agreement, the Government may make any upward or downward adjustments to the allowable costs in accordance with 2 CFR 200.