2005 S Aging - Rural Capital Program Grant Agreement for Public Body Organizations $6435

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Invoices shall be approved by the Department's Public Transportation Division and reviewed by the Department's External Audit Branch prior to payment. c. Excluded Costs. The Contractor understands and agrees that, except to the extent the Department determines otherwise in writing, ineligible costs will be treated as follows: (1) In determining the amount of State assistance the Department will provide, the Department will exclude: (a) Any Project cost incurred by the Contractor before the Effective Date of the Grant; (b) Any cost that is not included in the latest Approved Project Budget; (c) Any cost for Project property or services received in connection with a third party contract or subagreement with a subrecipient that must be approved by the Department, or other arrangement required to be, but has not been, concurred in or approved in writing by the Department; (d) Any non-project cost consistent with the prohibitions of 49 U.S.C. § 5323(h); and (e) Any cost ineligible for Department participation as provided by applicable Federal/State laws, regulations, or directives. (2) The Contractor understands and agrees that payment to the Contractor for any Project cost does not constitute the State Government's final decision about- whether that cost is allowable and eligible for payment and does not constitute a waiver of any violation by the Contractor of the terms of this Agreement. The Contractor acknowledges that the State Government will not make a final determination about the allowability and eligibility of any cost until an audit of the Project has been completed. If the State Government determines that the Contractor is not entitled to receive any portion of the State assistance the Contractor has requested or provided, the Department will notify the Contractor in writing, stating its reasons. 07-SC-056 Page 13 of 59 Orange County