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2014-107
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2014-067
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 <br />LOCAL AGENCY PROGRAM AGREEMENT PRODUCTIONSUPPORT <br />occ-ovi4 <br />Page 7 <br />5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized <br />representatives and authorized agents of FHWA to inspect all work, workmanship, materials, payrolls, and records and to <br />audit the books, records, and accounts pertaining to the financing and development of the Project. <br />The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub- <br />contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the <br />provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement (Section 287.058(1) <br />(c), Florida Statutes) unless the records are exempt. <br />5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right- <br />of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation <br />assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through <br />September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be <br />submitted to the Department no later than October 15 of each year. <br />6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses <br />incurred shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof (Section 287.058(1)(a), Florida <br />Statutes). <br />All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel <br />expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and <br />Chapter 3 -"Travel" of the Department's Disbursement Operations Manual, Topic 350-030-400 (Section 287 058(1)(b), <br />Florida Statutes). <br />If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed <br />pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under <br />any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made <br />within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of <br />contract by the Department. <br />7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement <br />to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the Project <br />and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may <br />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 application, or any <br />supplement thereto or amendment thereof or in or with respect to any document of 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 any of its duties or <br />obligations which may jeopardize or adversely affect the Project, the 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 here in paragraph <br />12.07. <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 of the Project which the <br />FHWA, or the Department acting in lieu of 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 Projects costs <br />incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the <br />expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "B" for <br />the Project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the Project <br />
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