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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 <br />PUBLIC TRANSPORTATION STRATEGIC <br />DEVELOPMENT <br />GRANT AGREEMENT OGc09118 <br />k. Offsets for Claims. If, after Project completion, any claim is made by the Department resulting <br />from an audit or for work or services performed pursuant to this Agreement, the Department <br />may offset such amount from payments due for work or services done under any agreement <br />that it has with the Agency owing such amount if, upon written demand, payment of the amount <br />is not made within 60 days to the Department. Offsetting any amount pursuant to this <br />paragraph shall not be considered a breach of contract by the Department. <br />1. Final Invoice. The Agency must submit the final invoice on the Project to the Department <br />within 120 days after the completion of the Project. Invoices submitted after the 120 -day time <br />period may not be paid. <br />m. Department's Performance and Payment Contingent Upon Annual Appropriation by the <br />Legislature. The Department's performance and obligation to pay under this Agreement is <br />contingent upon an annual appropriation by the Legislature. If the Department's funding for <br />this Project is in multiple fiscal years, a notice of availability of funds from the Department's <br />project manager must be received prior to costs being incurred by the Agency. See Exhibit <br />"B", Schedule of Financial Assistance for funding levels by fiscal year. Project costs <br />utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds <br />approval being received. The Department will notify the Agency, in writing, when funds are <br />available. <br />n. Limits on Contracts Exceeding $25,000 and Term more than 1 Year. In the event this <br />Agreement is in excess of $25,000 and has a term for a period of more than one year, the <br />provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: <br />"The Department, during any fiscal year, shall not expend money, incur any <br />liability, or enter into any contract which, by its terms, involves the expenditure <br />of money in excess of the amounts budgeted as available for expenditure <br />during such fiscal year. Any contract, verbal or written, made in violation of <br />this subsection is null and void, and no money may be paid on such contract. <br />The Department shall require a statement from the comptroller of the <br />Department that funds are available prior to entering into any such contract <br />or other binding commitment of funds. Nothing herein contained shall prevent <br />the making of contracts for periods exceeding 1 year, but any contract so <br />made shall be executory only for the value of the services to be rendered or <br />agreed to be paid for in succeeding fiscal years; and this paragraph shall be <br />incorporated verbatim in all contracts of the Department which are for an <br />amount in excess of $25,000 and which have a term for a period of more than <br />1 year." <br />o. Agency Obligation to Refund Department. Any Project funds made available by the <br />Department pursuant to this Agreement that are determined by the Department to have been <br />expended by the Agency in violation of this Agreement or any other applicable law or <br />regulation shall be promptly refunded in full to the Department. Acceptance by the Department <br />of any documentation or certifications, mandatory or otherwise permitted, that the Agency files <br />shall not constitute a waiver of the Department's rights as the funding agency to verify all <br />information at a later date by audit or investigation. <br />p. Non -Eligible Costs. In determining the amount of the payment, the Department will exclude <br />all Project costs incurred by the Agency prior to the execution of this Agreement, costs incurred <br />after the expiration of the Agreement, costs that are not provided for in Exhibit "A", Project <br />Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial <br />Assistance, costs agreed to be borne by the Agency or its contractors and subcontractors for <br />not meeting the Project commencement and final invoice time lines, and costs attributable to <br />goods or services received under a contract or other arrangement that has not been approved <br />5 of 25 <br />