Common use of Excluded Costs Clause in Contracts

Excluded Costs. Certain costs associated with bike and pedestrian projects that do not directly benefit people walking and biking are ineligible. These ineligible expenses include, but are not limited to: curb, gutter, and other drainage improvements; newly installed driveway ramps; roadway shoulders, where roadway design standards require a roadway shoulder width at least as wide as would be required for a standard bike lane; and any required element under a different capital improvement project other than the Project. Expenses related to the replacement of existing infrastructure as a result of Project work may be eligible for reimbursement, but Grantee will be required to justify the necessary inclusion of such improvements prior to requesting reimbursement. The Grantee understands and agrees that payment to the Grantee for any Project cost does not constitute SANDAG’s final decision about whether that cost is allowable and eligible for payment under the Project and does not constitute a waiver of any violation by the Grantee of the terms of this Agreement or Board Policy No. 035. The Grantee acknowledges that SANDAG will not make a final determination about the allowability and eligibility of any cost until the final payment has been made on the Project or the results of an audit of the Project requested by SANDAG or its Independent Taxpayers’ Oversight Committee (ITOC) has been completed, whichever occurs latest. If SANDAG determines that the Grantee is not entitled to receive any portion of the grant funding requested or paid, SANDAG will notify the Grantee in writing, stating its reasons. The Grantee agrees that Project closeout will not alter the Grantee's responsibility to return any funds due to SANDAG as a result of later refunds, corrections, performance deficiencies, or other similar actions; nor will Project closeout alter SANDAG's right to disallow costs and recover funds provided for the Project on the basis of a later audit or other review. Upon notification to the Grantee that specific amounts are owed to SANDAG, whether for excess payments of grant funding, disallowed costs, or funds recovered from third parties or elsewhere, the Grantee agrees to promptly remit to SANDAG the amounts owed, including applicable interest, penalties and administrative charges.

Excluded Costs. Certain costs associated In determining the amount of TransNet Ordinance Assistance SANDAG will provide for the Project, SANDAG will exclude: 1. Any Project cost incurred by the Grantee before the Effective Date of the Agreement or applicable Amendment thereto 2. Any cost that is not included in the Project Budget 3. Any cost for Project property or services received in connection with bike and pedestrian projects a subagreement, lease, third-party contract, or other arrangement that do not directly benefit people walking and biking are ineligible. These ineligible expenses includeis required to be, but are has not limited to: curbbeen, gutterconcurred in or approved in writing by SANDAG 4. Any cost ineligible for SANDAG participation as provided by applicable laws, regulations, or policies 5. Any cost incurred for a common or joint purpose benefitting more than one cost objective, and other drainage improvements; newly installed driveway ramps; roadway shoulders, where roadway design standards require a roadway shoulder width at least as wide as would be required for a standard bike lane; and any required element under a different capital improvement project other than the Project. Expenses related not readily assignable to the replacement of existing infrastructure cost objectives specifically benefitted, without effort disproportionate to the results achieved (any indirect cost). Typical indirect costs include facilities and administration costs such as a result of Project work may be eligible for reimbursementheat/air conditioning, but Grantee will be required to justify lighting, payroll, and the necessary inclusion of entity’s accounting system. Administrative costs such improvements prior to requesting reimbursementas clerical and support staff salaries also are most often treated as indirect costs. The Grantee understands and agrees that payment to the Grantee for any Project cost does not constitute SANDAG’s final decision about whether that cost is allowable and eligible for payment under the Project and does not constitute a waiver of any violation by the Grantee of the terms of this Agreement or Board Policy No. 035. The Grantee acknowledges that SANDAG will not make a final determination about the allowability and eligibility of any cost until the final payment has been made on the Project or the results of an audit of the Project requested by SANDAG or its Independent Taxpayers’ Oversight Committee (ITOC) has been completed, whichever occurs latest. If SANDAG determines that the Grantee is not entitled to receive any portion of the grant funding requested or paid, SANDAG will notify the Grantee in writing, stating its reasons. The Grantee agrees that Project closeout will not alter the Grantee's responsibility to return any funds due to SANDAG as a result of later refunds, corrections, performance deficiencies, or other similar actions; nor will Project closeout alter SANDAG's right to disallow costs and recover funds provided for the Project on the basis of a later audit or other review. Upon notification to the Grantee that specific amounts are owed to SANDAG, whether for excess payments of grant funding, disallowed costs, or funds recovered from third parties or elsewhere, the Grantee agrees to promptly remit to SANDAG the amounts owed, including applicable interest, penalties and administrative charges.

Excluded Costs. Certain costs associated In determining the amount of REAP funds SANDAG will provide for the Project, SANDAG will exclude: 1. Any Project cost incurred by the Subgrantee before the Effective Date of the Agreement or applicable Amendment thereto 2. Any cost that is not included in the Project Budget 3. Any cost for Project property or services received in connection with bike and pedestrian projects a subagreement, lease, third-party contract, or other arrangement that do not directly benefit people walking and biking are ineligible. These ineligible expenses includeis required to be, but are has not limited to: curbbeen, gutterconcurred in or approved in writing by SANDAG 4. Any cost ineligible for SANDAG participation as provided by applicable laws, regulations, or policies 5. Any cost incurred for a common or joint purpose benefitting more than one cost objective, and other drainage improvements; newly installed driveway ramps; roadway shoulders, where roadway design standards require a roadway shoulder width at least as wide as would be required for a standard bike lane; and any required element under a different capital improvement project other than the Project. Expenses related not readily assignable to the replacement of existing infrastructure cost objectives specifically benefitted, without effort disproportionate to the results achieved (any indirect cost). Typical indirect costs include facilities and administration costs such as a result of Project work may be eligible for reimbursementheat/air conditioning, but Grantee will be required to justify lighting, payroll, and the necessary inclusion of entity's accounting system. Administrative costs such improvements prior to requesting reimbursementas clerical and support staff salaries also are most often treated as indirect costs. The Grantee Subgrantee understands and agrees that payment to the Grantee Subgrantee for any Project cost does not constitute SANDAG’s 's final decision about whether that cost is allowable and eligible for payment under the Project and does not constitute a waiver of any violation by the Grantee Subgrantee of the terms of this Agreement or Board Policy No. 035. The Grantee Subgrantee acknowledges that SANDAG will not make a final determination about the allowability and eligibility of any cost until the final payment has been made on the Project or the results of an audit of the Project requested by SANDAG or its Independent Taxpayers’ Oversight Committee (ITOC) ▇▇▇▇▇▇ has been completed, whichever occurs latest. If SANDAG determines that the Grantee Subgrantee is not entitled to receive any portion of the grant funding requested or paid, SANDAG will notify the Grantee Subgrantee in writing, stating its reasons. The Grantee Subgrantee agrees that Project closeout will not alter the GranteeSubgrantee's responsibility to return any funds due to SANDAG as a result of later refunds, corrections, performance deficiencies, or other similar actions; nor will Project closeout alter SANDAG▇▇▇▇▇▇'s right to disallow costs and recover funds provided for the Project on the basis of a later audit or other review. Upon notification to the Grantee Subgrantee that specific amounts are owed to SANDAG, whether for excess payments of grant funding, disallowed costs, or funds recovered from third parties or elsewhere, the Grantee Subgrantee agrees to promptly remit to SANDAG the amounts owed, including applicable interest, penalties and administrative charges.

Excluded Costs. Certain costs associated In determining the amount of Extension Ordinance assistance SANDAG will provide for the Project, SANDAG will exclude: 1. Any Project cost incurred by the Grantee before the effective date of the Agreement or any amendment thereto, 2. Any cost that is not included in the latest Approved Project budget, 3. Any cost for Project property or services received in connection with bike and pedestrian projects a subagreement, lease, third-party contract, or other arrangement that do not directly benefit people walking and biking are ineligible. These ineligible expenses includeis required to be, but are has not limited to: curbbeen, gutterconcurred in or approved in writing by SANDAG, and other drainage improvements; newly installed driveway ramps; roadway shouldersand 4. Any cost ineligible for SANDAG participation as provided by applicable laws, where roadway design standards require a roadway shoulder width at least as wide as would be required for a standard bike lane; and any required element under a different capital improvement project other than the Project. Expenses related to the replacement of existing infrastructure as a result of Project work may be eligible for reimbursementregulations, but Grantee will be required to justify the necessary inclusion of such improvements prior to requesting reimbursementor policies. The Grantee understands and agrees that payment to the Grantee for any Project cost does not constitute SANDAG’s a final decision by ▇▇▇▇▇▇ about whether that cost is allowable and eligible for payment under the Project and does not constitute a waiver of any violation by the Grantee of the terms of this the Agreement or Board Policy No. 035for the Project. The Grantee acknowledges that SANDAG will not make a final determination about the allowability and eligibility of any cost until the final payment has been made on the Project or the results of an audit of the Project requested by SANDAG or its Independent Taxpayers’ Taxpayer Oversight Committee (ITOC) has been completed, whichever occurs latest. If SANDAG determines that the Grantee is not entitled to receive any portion of the grant funding Extension Ordinance assistance requested or paid, SANDAG will notify the Grantee in writing, stating its reasons. The Grantee agrees that Project closeout will not alter the Grantee's responsibility to return any funds due to SANDAG as a result of later refunds, corrections, performance deficiencies, or other similar actions; transactions, nor will Project closeout alter SANDAG's the right by ▇▇▇▇▇▇ to disallow costs and recover funds provided for the Project on the basis of a later audit or other review. Upon notification to the Grantee that specific amounts are owed to SANDAG, whether for excess payments of grant funding, disallowed costs, or funds recovered from third parties or elsewhere, the Grantee agrees to promptly remit to SANDAG the amounts owed, including applicable interest, penalties and administrative charges.