2012-099 - Laserfiche WebLink

Home Browse Search

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 08/11 — Paagege 8 7 .04 Conflict of Interests : There has been any violation of the conflict of interest provisions contained here in paragraph 12 . 07 . 7 . 05 Default : The Agency has been determined by the Department to be in default under any of the provisions of the Agreement . 7 .06 Federal Participation : The Department may suspend or terminate payment for that portion of the project which the FHWA , or the Department acting in lieu of FHWA , may designate as ineligible for federal -aid . 7. 07 Disallowed Costs : In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement or the date of authorization , costs incurred after the expiration of the Agreement , costs which are not provided for in the latest approved schedule of funding in Exhibit " B" for the project , costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the project commencement and final invoice time lines , and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department . 7 . 08 Final Invoices : The Agency must submit the final invoice on the project to the Department within 120 days after the completion of the project. Invoices submitted after the 120-day time period may not be paid . 8 . 00 Termination or Suspension of Project : 8 . 01 Termination or Suspension Generally : The Department may, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination . (a) If the Department determines that the performance of the Agency is not satisfactory , the Department shall notify the Agency of the deficiency in writing with a requirement that the deficiency be corrected within thirty ( 30) days of such notice . Such notice shall provide reasonable specificity to the Agency of the deficiency that requires correction . If the deficiency is not corrected within such time period , the Department may either ( 1 ) immediately terminate the Agreement as set forth in paragraph 8 . (b) below, or (2) take whatever action is deemed appropriate by the Department to correct the deficiency . In the event the Department chooses to take action and not terminate the Agreement , the Agency shall , upon demand , promptly reimburse the Department for any and all costs and expenses incurred by the Department in correcting the deficiency . ( b) If the Department terminates the Agreement , the Department shall notify the Agency of such termination in writing , with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated . (c) If the Agreement is terminated before the project is completed , the Agency shall be paid only for the percentage of the project satisfactorily performed for which costs can be substantiated . Such payment, however, shall not exceed the equivalent percentage of the contract price . All work in progress will become the property of the Department and will be turned over promptly by the Agency. 8 . 02 Action Subsequent to Notice-of-Termination or Suspension : Upon receipt of any final termination or suspension notice under this paragraph , the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following : (a ) necessary action to terminate or suspend , as the case may be , project activities and contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which the financing is to be computed ; ( b ) furnish a statement of the project activities and contracts and other undertakings the cost of which are otherwise includable as project costs . The termination or suspension shall be carried out in conformity with the latest schedule , plan , and cost as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule , plan , and estimate within a reasonable time . The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement . 9 . 00 Contracts of Agency :