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2004-209
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2004-209
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Last modified
9/22/2016 2:11:02 PM
Creation date
9/30/2015 8:23:52 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/14/2004
Control Number
2004-209
Agenda Item Number
7.H.
Entity Name
Florida Department of Transportation
Subject
Local Agency Program Agreement
Bikepath Phase II
Area
Fellsmere Rd. CR 512 Myrtle St. to Cypress St.
Project Number
0382
Archived Roll/Disk#
3223
Supplemental fields
SmeadsoftID
4713
Document Relationships
2004-097
(Attachment)
Path:
\Resolutions\2000's\2004
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525-010-40 <br /> CONSTRUCTION <br /> OGC - 11/03 <br /> Pape 5 of 12 <br /> 7 .00 The Department's Obligations : Subject to other provisions hereof, the Department will honor requests for <br /> reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out <br /> of the. project and payment of the eligible costs . However, notwithstanding any other provision of this Agreement, the <br /> Department may elect, by notice in writing , not to make a payment if: <br /> 7 .01 Misrepresentation : The Agency shall have made misrepresentation of a material nature in its a Dplication , or any <br /> supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant <br /> hereto ; <br /> 7 .02 Litigation : There is then pending litigation with respect to the performance by the Agency of an of its duties or <br /> obligations which may jeopardize or adversely affect the project, this Agreement or payments to the project; <br /> 7 .03 Approval by Department: The Agency shall have taken any action pertaining to the project, which under this <br /> Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations <br /> without having been advised by the Department that same are approved ; <br /> 7 .04 Conflict of Interests : There has been any violation of the conflict of interest provisions contained herein in 12 . 06 ; or <br /> 7 .05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the <br /> Agreement. <br /> 7 . 06 Federal Participation : The Department may suspend or terminate payment for that portion oft a project which the <br /> FHWA, or the Department acting in lieu of the FHWA, may designate as ineligible for federal-aid . <br /> 7 . 07 Disallowed Costs : In determining the amount of the payment, the Department will exclude all p oject costs incurred <br /> by the Agency prior to the effective date of this Agreement or the date of authorization , costs incurred after the expiration <br /> of the Agreement, costs which are not provided for in the latest approved schedule of funding for the project, and costs <br /> attributable to goods or services received under a contract or other arrangements which have not been approved in writing <br /> by the Department. <br /> 7 .08 Final Invoices : The Agency must submit the final invoice on the project to the Department withi one hundred twenty <br /> ( 120) days after the completion of the project. Invoices submitted after the one hundred twenty ( 120) Jay time period may <br /> not be paid . <br /> 8 .00 Termination or Suspension of Project: <br /> 8 .01 Termination or Suspension Generally : The Department may , by written notice to the Agency , suspend any or all of <br /> its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or <br /> been corrected , or the Department may terminate this Agreement in whole or in part at any time the interest of the <br /> Department requires such termination . <br /> If the Department determines that the performance of the Agency is not satisfactory , the Department shall have the option <br /> of (a) immediately terminating this Agreement or ( b) suspending this Agreement and notifying the Ag ncy of the deficiency <br /> with a requirement that the deficiency be corrected within a specified time , otherwise the Agreemen will be terminated at <br /> the end of such time . Suspension of the contract will not affect the time period for completion of this greement. <br /> If the Department requires termination of this Agreement for reasons other than unsatisfactory perfor nance of the Agency , <br /> the Department shall notify the Agency of such termination , with instructions as to the effective ate of termination <br /> or <br /> specify the stage of work at which this Agreement is terminated . <br /> If this Agreement is terminated before performance is completed , the Agency shall be paid for the wok satisfactorily <br /> performed . Payment is to be on the basis of substantiated costs . <br /> 8 . 02 Action Subsequent to Notice of Termination or Suspension . Upon receipt of any final termination or suspension <br /> notice under this paragraph , the Agency shall proceed promptly to carry out the actions required ther in which may <br /> include any or all of the following : (a) necessary action to terminate or suspend , as the case may be , roject activities and <br /> contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which <br /> the financing is to be computed ; (b) furnish a statement of the project activities and contracts , and ott er undertakings the <br /> cost of which are otherwise includable as project costs . The termination or suspension shall be carrieJ out in conformity <br /> with the latest schedule , plan , and costs approved by the Department or upon the basis of terms and onditions <br />
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