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A TRUE COPY <br /> CERTIFICATION ON LAST PAGE <br /> J . K . BARTON , CLERK <br /> STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION525-010-40 <br /> P ODTION PORT <br /> LOCAL AGENCY PROGRAM AGREEMENT I � �� 0UCSUPPORT <br /> Page 1 <br /> 42� a cool- 6 APP ( 3 ` 6 , .r <br /> FPN : 423186- 1 -58-01 Fund : SR2E/SR2S FLAIR Approp : <br /> Federal No : SRTS- 112-A Org Code : 55043010404 FLAIR Obj : <br /> FPN : Fund : FLAIR Approp : <br /> Federal No : _ Org Code : FLAIR Obj : <br /> FPN : Fund : FLAIR Approp : <br /> Federal No : Org Code : FLAIR Obj : <br /> FPN : Fund : FLAIR Approp : <br /> Federal No : Org Code : FLAIR Obj : <br /> County No : 88 Contract No : Vendor No : VF596000673026 <br /> Data Universal Number System ( DUNS ) No : 80-939- 7102 <br /> Catalog of Federal Domestic Assistance ( CFDA) : 20 . 205 Highway Planning and Construction <br /> THIS AGREEMENT , made and entered into this day of by and between the STATE <br /> OF FLORIDA DEPARTMENT OF TRANSPORTATION , an agency of the State of Florida , hereinafter called <br /> the <br /> Department, and INDIAN RIVER COUNTY hereinafter called the Agency . <br /> WITNESSETH : <br /> WHEREAS , the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described , <br /> and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including <br /> the implementation of an integrated and balanced transportation system and is authorized under Section 339 . 12 , Florida <br /> Statutes , to enter into this Agreement ; <br /> NOW , THEREFORE , in consideration of the mutual covenants , promises and representations herein , the parties agree as <br /> follows : <br /> 1 . 00 Purpose of Agreement : The purpose of this Agreement is to provide for the Department' s participation in Old Dixie <br /> Highway sidewalk . and as further described in Exhibit "A" attached hereto and by this reference made a <br /> part hereof, <br /> hereinafter called the " project , " and to provide Department financial assistance to the Agency and state the <br />terms and <br /> conditions upon which such assistance will be provided and the understandings as to the manner in which the project will <br /> be undertaken and completed . <br /> 1 . 01 Attachments : Exhibit( s ) 1 , A, B & X are attached and made a part hereof. <br /> 2 . 01 General Requirements : The Agency shall complete the project as described in Exhibit "A" with <br /> all practical <br /> dispatch , in a sound , economical , and efficient manner , and in accordance with the provisions herein , and all <br /> applicable <br /> laws . The project will be performed in accordance with all applicable Department procedures , guidelines , <br /> manuals , <br /> standards , and directives as described in the Department' s Local Agency Program Manual , which by this reference <br /> is <br /> made a part hereof as if fully set forth herein . Time is of the essence as to each and <br /> every obligation under this <br /> Agreement . <br /> A full time employee of the Agency, qualified to ensure that the work being pursued is complete , accurate , and consistent <br /> with the terms , conditions , and specifications of this Agreement shall be in charge of each project . <br /> Removal of Any Unbilled Funds <br /> If Agency fails to timely perform its obligations 'in 'submitting invoices and documents necessary for the close out <br /> of the <br /> project , and said failure results in a loss of the remaining unbilled funding either by Federal withdrawal of funds <br /> or loss of <br /> State appropriation authority (which may include both federal funds and state funds , if any state funds are on the project) <br />, <br /> Agency will be responsible for the remaining unbilled funds on the project . No other . funds will be <br /> provided by the <br /> Department . Agency waives the right to contest such removal of funds by the Department , if said removal is <br /> directly <br /> related to Federal ( FHWA) withdrawal of funds or loss of State appropriation authority due to Local Agency' s <br /> failure or <br /> nonperformance . In addition to loss of funding , the Department will consider de-certification of said Agency for future LAP <br /> projects . <br /> Removal of All Funds <br />