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• • STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION , EMERGENCY LOCAL GOVERNMENT EMERGENCY RELIEF REIMBURSEMENT AGREEMENT • Contract No: G 0 c ?S DUNS No: 80-939-7102 CFDA No: 20.205 This Emergency Local Government Emergenc�yy Relief Reim urse en Agre ment (this "Reimbursement Agreement"), made and entered into this 2(pr" date of , 20/7-by and between the State of Florida Department of Transportation (FDOT), an agency of the Sta e of Florida, herein after called the "Department" and Indian River County located at 1801 27th Street, Vero Beach, FL 32960 herein after called the "Local Government". WHEREAS, the Federal Highway Administration (FHWA) has established an Emergency Relief Program codified at 23 USC §125; and WHEREAS, the FHWA has, as a result of the Executive Order(s) , dated , 20_ for Emergency Event(s) authorized funding to be provided to the Department for relief from the damage inflicted by said event(s); and WHEREAS, this Emergency Relief Program Agreement provides for reimbursement to the Local Government for emergency relief; and WHEREAS, the Local Government has incurred certain costs and expenses as a direct result of the event(s) as contained on the attached Detailed Damage Inspection Reports (DDIR(s)); and WHEREAS, it has been determined that emergency repairs are necessary and that the costs and expenses of said repairs are eligible for reimbursement up to 100%, dependent on the amount of allocation made by FHWA; and WHEREAS, pursuant to Section 334.044(7), Florida Statutes, the Department may enter into an interlocal agreement with the Local Government for the work contemplated herein; and WHEREAS, the Local Government by Resolution No. 2017-054 adopted on June 13 , 20 17 a copy of which is attached hereto and made a part hereof, authorizes the proper officials to enter into this Agreement. NOW THEREFORE in consideration of the mutual consideration, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties, intending to be legally bound hereby, agree as follows: The parties agree as follows: 1. The recitals set forth herein above are specifically incorporated herein by reference and made a part of this Reimbursement Agreement. 2. The Department enters into this agreement as the administrator of the FHWA Emergency Relief Program funds with the administration of funds being subject to the terms and conditions of 23 USC §125 and the Program Administration Manual published by the FHWA. 3. The scope of work and services authorized by FHWA are described in the DDIR(s), attached and incorporated herein as Exhibit F. 4. Subject to the terms and conditions of 'the Emergency Relief Program Manual at http://www.fhwa.dot.qov/reports/erm/er.pdf, the Department agrees to reimburse the Local Government for eligible costs from the funds allocated to the Department for said purposes. 5. The Local Government shall be fully responsible for the proper billing of any federal reimbursable costs or charges, including those incurred by its contractors and subcontractors. The Local Government shall timely submit invoices and documents necessary for the close out of the project. The Local Government agrees to promptly reimburse the Department for any and all amounts for which the Department has made payment to the Local Government if such amounts become ineligible, disqualified, or disallowed for federal reimbursement due to any act, error, omission, or negligence of the Local Government, including missing or deficient documentation of costs and charges, untimely, incomplete, or insufficient submittals including the required DDIR, or any other reason declared by FHWA. The Local Government agrees that the Department may offset such amounts from payments due for work or services done under any agreement between the parties if payment from the Local Government is not received by the Department after (Generally 90) days of written notice from the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department.