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