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2014-107
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2014-107
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Last modified
4/9/2018 12:27:53 PM
Creation date
1/5/2017 2:08:43 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/19/2014
Control Number
2014-107
Agenda Item Number
8.J.J.
Entity Name
Florida Department of Transportation
Subject
Local Agency Agreement
Old Dixie Highway Sidewalk
Area
38th Lane to 45th St.
Project Number
0845B
Document Relationships
2014-067
(Attachment)
Path:
\Resolutions\2010's\2014
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040 <br />LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT <br />OGC— 04/14 <br />Page 8 <br />commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other <br />arrangements which have not been approved in writing by the Department. <br />7.08 Final Invoices: The Agency must submit the final invoice on the Project to the Department within 120 days after the <br />completion of the Project. Invoices submitted after the 120 -day time period may not be paid. <br />8.00 Termination or Suspension of Project: <br />8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all <br />of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased <br />or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the <br />Department requires such termination. <br />(a) If the Department determines that the performance of the Agency is not satisfactory, the Department shall notify the <br />Agency of the deficiency in writing with a requirement that the deficiency be corrected within thirty (30) days of such <br />notice. Such notice shall provide reasonable specificity to the Agency of the deficiency that requires correction. If the <br />deficiency is not corrected within such time period, the Department may either (1) immediately terminate the Agreement <br />as set forth in paragraph 8.(b) below, or (2) take whatever action is deemed appropriate by the Department to correct the <br />deficiency. In the event the Department chooses to take action and not terminate the Agreement, the Agency shall, upon <br />demand, promptly reimburse the Department for any and all costs and expenses incurred by the Department in correcting <br />the deficiency. <br />(b) If the Department terminates the Agreement, the Department shall notify the Agency of such termination in writing, <br />with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be <br />terminated. <br />(c) If the Agreement is terminated before the Project is completed, the Agency shall be paid only for the percentage of the <br />Project satisfactorily performed for which costs can be substantiated. Such payment, however, shall not exceed the <br />equivalent percentage of the contract price. All work in progress will become the property of the Department and will be <br />turned over promptly by the Agency. <br />8.02 Action Subsequent to Notice -of -Termination or Suspension: Upon receipt of any final termination or suspension <br />notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may <br />include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, Project activities <br />and contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of <br />which the financing is to be computed; (b) furnish a statement of the Project activities and contracts and other <br />undertakings the cost of which are otherwise includable as Project costs. The termination or suspension shall be carried <br />out in conformity with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and <br />conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a <br />reasonable time. The closing out of federal financial participation in the Project shall not constitute a waiver of any claim <br />which the Department may otherwise have arising out of this Agreement. <br />9.00 Contracts of Agency: <br />9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not <br />execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant <br />or construction contracts or amendments thereto, with any third party with respect to the Project without the written <br />approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. <br />The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to <br />approve or disapprove the employment of the same. <br />9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto <br />that participation by the Department in a project with the Agency, where said project involves a consultant contract for <br />engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section <br />287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will <br />involve the Department in the consultant selection process for all projects. In all cases, the Agency shall certify to the <br />Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. <br />
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