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2017-029 (2)
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2017-029 (2)
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Last modified
3/27/2017 1:36:54 PM
Creation date
3/27/2017 1:31:37 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/07/2017
Control Number
2017-029
Agenda Item Number
8.J.
Entity Name
Florida Department of Transportation
Subject
Incentive Grant Program Agreement
Intersection Improvements
Area
SR 60 & 43rd. Ave.
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appropriate corrective action on all deficiencies has been taken pertaining to the <br /> state financial assistance provided through the DEPARTMENT by this <br /> Agreement. If the COUNTY fails to have an audit conducted consistent with <br /> Section 215.97, Florida Statutes, the DEPARTMENT may take appropriate <br /> corrective action to enforce compliance. <br /> V. As a condition of receiving state financial assistance,the COUNTY shall permit <br /> the DEPARTMENT, or its designee,DFS or the Auditor General access to the <br /> COUNTY's records including financial statements, the independent auditor's <br /> working papers and project records as necessary.Records related to unresolved <br /> audit findings,appeals or litigation shall be retained until the action is complete <br /> or the dispute is resolved. <br /> d. The COUNTY shall retain sufficient records demonstrating its compliance with the <br /> terms of this Agreement for a period of five years from the date the audit report is <br /> issued and shall allow the DEPARTMENT, or its designee, DFS or the Auditor <br /> General access to such records upon request. The COUNTY shall ensure that the <br /> audit working papers are made available to the DEPARTMENT, or its designee, <br /> DFS or the Auditor General upon request for a period of five years from the date <br /> the audit report is issued'unless extended in writing by the DEPARTMENT. <br /> 8- Termination and Default <br /> A. This Agreement may be canceled by either the COUNTY or the DEPARTMENT <br /> upon sixty (60) days written notice. However and notwithstanding the foregoing, the <br /> DEPARTMENT may terminate this Agreement in the event of the following: <br /> i. If the DEPARTMENT determines that the performance of the COUNTY is not <br /> satisfactory, the DEPARTMENT shall have the option of (a) immediately terminating the <br /> Agreement,or(b)notifying the COUNTY of the deficiency with a requirement that the deficiency <br /> be corrected within a specified time,otherwise the Agreement will be terminated at the end of such <br /> time. <br /> ii. If the DEPARTMENT requires termination of the Agreement for any <br /> reason whatsoever in the sole discretion of the DEPARTMENT,the DEPARTMENT shall notify <br /> the COUNTY of such termination,with instructions to the effective date of termination or specify <br /> the stage of work at which the Agreement is to be terminated. <br /> B. If the Agreement is terminated before performance is completed,the COUNTY shall <br /> be paid only for that work satisfactorily performed for which costs can be substantiated. Such <br /> payment,however, may not exceed an amount which is the same percentage of the contract price <br /> as the amount of work satisfactorily completed is a percentage of the total work called for by this <br /> Agreement. All work in progress will become the property of the DEPARTMENT and will be <br /> turned over promptly by the COUNTY. The COUNTY shall return the Project area to the same <br /> or better condition as existed before commencement of the Project. <br /> Page 11 <br />
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