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2010-135
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2010-135
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Last modified
2/16/2016 10:51:05 AM
Creation date
10/1/2015 2:15:18 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
06/01/2010
Control Number
2010-135
Agenda Item Number
8.L.
Entity Name
Florida Department of Transportation (FDOT)
Subject
Local Agency Agreement
Area
8th Street Sidewalk
Supplemental fields
SmeadsoftID
9699
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 <br /> LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT <br /> ovos <br /> Page 11 <br /> then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default <br /> shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach <br /> or default . <br /> 13 .04 How Agreement Is Affected by Provisions Being Held Invalid : If any provision of this Agreement is held invalid , <br /> the remainder of this Agreement shall not be affected . In such an instance , the remainder would then continue to conform <br /> to the terms and requirements of applicable law . <br /> 13 . 05 Bonus or Commission : By execution of the Agreement, the Agency represents that it has not paid and , <br /> also <br /> agrees not to pay , any bonus or commission for the purpose of obtaining an approval of its application for the financing <br /> hereunder. <br /> 13 . 06 State Law : Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision <br /> or perform any act or do any other thing in contravention of any applicable state law . If any of the <br /> provisions of the <br /> Agreement violate any applicable state law, the Agency will at once notify the Department in writing <br /> in order that <br /> appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may <br /> proceed as soon as possible with the project. <br /> 13 .07 Plans and Specifications : In the event that this Agreement involves constructing and equipping of facilities on the <br /> State Highway System , the Agency shall submit to the Department for approval all appropriate plans and specifications <br /> covering the project. The Department will review all plans and specifications and will issue to the . Agency <br /> a written <br /> approval with any approved portions of the project and comments or recommendations covering any remainder of the <br /> project deemed appropriate . After resolution of these comments and recommendations to the Department' s satisfaction , <br /> the Department will issue to the Agency a written approval with said remainder of the project. Failure to obtain this written <br /> approval shall be sufficient cause of nonpayment by the Department . The Agency will physically include Form FHWA- <br /> 1273 in all its contracts and subcontracts . <br /> 13 . 08 Right-of-Way Certification : Upon completion of right-of-way activities on the project, the Agency must certify <br /> compliance with all applicable federal and state requirements . Certification is required prior to advertisement <br /> for or <br /> solicitation of bids for construction of the project, including those projects for which no right-of-way is required . <br /> 13 .09 Agency Certification : The Agency will certify in writing , prior to project closeout that the project was completed in <br /> accordance with applicable plans and specifications , is in place on the Agency' s facility , adequate title is in the <br />Agency ' s <br /> name , and the project is accepted by the Agency as suitable for the intended purpose . <br /> 13 . 10 Agreement Format : All words used herein in the singular form shall extend to and include the plural . All words <br /> used in the plural form shall extend to and include the singular. All words used in any gender shall extend to <br />and include <br /> all genders . <br /> 13 . 11 Execution of Agreement : This Agreement may be simultaneously executed in a minimum of two counterparts , <br /> each of which so executed shall be deemed to be an original , and such counterparts together shall constitute one in <br /> the <br /> same instrument. <br /> 13 . 12 Restrictions on Lobbying : <br /> Federal : The Agency agrees that no federally-appropriated funds have been paid , or will be paid by or on behalf of <br /> the <br /> Agency , to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member <br /> of Congress , an officer or employee of Congress or an employee of a Member of Congress in connection <br /> with the <br /> awarding of any federal contract, the making of any federal grant, the making of any federal loan , the entering into of <br /> any <br /> cooperative agreement, and the extension , continuation , renewal , amendment or modification of any federal contract, <br /> grant, loan or cooperative agreement. <br /> If any funds other than federally-appropriated funds have been paid by the Agency to any person for <br />influencing or <br /> attempting to influence an officer or employee of any federal agency , a Member of Congress , an officer or employee <br /> of <br /> Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete <br /> and submit Standard Form -LLL , " Disclosure Form to Report Lobbying , " in accordance with its instructions . <br /> The Agency shall -require that the language of this paragraph be included in the -award documents for all subawards at all <br />
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