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2011-057
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525-010-40 <br /> STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PRODUCTION SUPPORT — 01 /11 <br /> LOCAL AGENCY PROGRAM AGREEMENT Page 11 <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 <br />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 <br />in 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 <br /> of any <br /> cooperative agreement , and the extension , continuation , renewal , amendment or modification of any federal contract <br />, <br /> grant , loan or cooperative agreement . <br /> If any funds other than federally-appropriated fundshave have been paid by the Agency to any person for influencing <br /> 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 /> tiers ( including subcontracts , subgrants , and contracts under grants , loans , and cooperative agreements ) and that <br /> all <br /> subrecipients shall certify and disclose accordingly . <br /> State : No funds received pursuant to this contract may be expended for lobbying the Legislature , the judicial branch or a <br /> state agency . <br /> 13 . 13 Maintenance : The Agency agrees to maintain any project not on the State Highway System constructed under this <br /> Agreement . If the Agency constructs any improvement on Department right-of-way , the Agency ® will ❑ will <br /> not <br /> maintain the improvements made for their useful life . <br />
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