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2017-165
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2017-165
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Last modified
12/12/2017 2:20:43 PM
Creation date
10/25/2017 10:59:18 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
10/24/2017
Control Number
2017-165
Agenda Item Number
8.E.
Entity Name
Florida Department of Transportation
Subject
Sidewalks for Indian River Blvd
see Resolution 2017-109
Area
37th St. to 53rd St.
Document Relationships
2017-109
(Cover Page)
Path:
\Resolutions\2010's\2017
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DocuSign Envelope ID:27562A39-54B9-4980-BOFD-AEIDCBC76974 <br /> STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 <br /> LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT <br /> Occ-oirn <br /> Page 8 of 15 <br /> vii. The Department's contact information for requirements under this part is as follows: <br /> Office of Comptroller, MS 24 <br /> 605 Suwannee Street <br /> Tallahassee, Florida 32399-0450 <br /> FDOTSingleAuditdot.statejl.us <br /> C. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement <br /> for a period.of five years from the date the audit report is issued and shall allow the Department, or its <br /> designee, the CFO or State of Florida Auditor General access to such records upon request.The Agency <br /> shall ensure that the audit working papers are made available to the Department, or its designee, the <br /> CFO, or State of Florida Auditor General upon request for a period of five years from the date the audit <br /> report is issued unless extended in writing by the Department. <br /> 9. Termination or Suspension of Project: The Department may, by written notice to the Agency, suspend any or <br /> all of the Agency's obligations under this Agreement until such time as the event or condition resulting in such suspension <br /> has ceased or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest <br /> of the Department requires such termination. <br /> A. If the Department determines that the performance of the Agency is not satisfactory, the Department shall <br /> notify the Agency of the deficiency in writing with a requirement that the deficiency be corrected within <br /> thirty (30) days of such notice. Such notice shall provide reasonable specificity to the Agency of the <br /> deficiency that requires correction. If the deficiency is not corrected within such time period, the <br /> Department may either(1) immediately terminate the Agreement as set forth in paragraph 9.8. below, or <br /> (2)take whatever action is deemed appropriate by the Department to correct the deficiency. In the event <br /> 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 <br /> Department in correcting the deficiency. <br /> B. If the Department terminates the Agreement, the Department shall notify the Agency of such termination <br /> in writing, with instructions to the effective date of termination or specify the stage of work at which the <br /> Agreement is to be terminated. <br /> C. If the Agreement is terminated before the Project is completed, the Agency shall be paid only for the <br /> percentage of the Project satisfactorily performed for which costs can be substantiated. Such payment, <br /> however, shall not exceed the equivalent percentage of the contract price. All work in progress on <br /> Department right-of-way will become the property of the Department and will be turned over promptly by <br /> the Agency. <br /> D. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any <br /> contractor, sub-contractor or materials vendor to allow public access to all documents, papers, letters or <br /> other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in <br /> conjunction with this Agreement unless the records are exempt. <br /> E. Upon receipt of any final termination or suspension notice under this paragraph 9., the Agency shall <br /> proceed promptly to carry out the actions required in such notice, which may include any or all of the <br /> following: (a) necessary action to terminate or suspend, as the case may be, Projectactivities and <br /> contracts and such other action as may be required or desirable to keep to a minimum the costs upon the <br /> basis of which the financing is to be computed; or (b) furnish a statement of the Project activities and <br /> contracts and.other undertakingsthe cost of which.are otherwise includable as Project costs, The, <br /> termination.or suspension shall be carried out in conformity with the latest schedule, plan, and cost as <br /> approved by the Department or upon the basis of terms and conditions imposed by the Department upon <br /> the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The <br /> closing-out.of federal financial participation in the Project shall not constitute a waiver of any claim which <br /> the Department may otherwise have arising out of this Agreement. <br />
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