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A TRUE COPY
<br />C€RTIFICATION ON LAST PAGE
<br />JA SMITH, CLERK
<br />STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-10
<br />MANAGEENT
<br />LOCAL AGENCY PROGRAM AGREEMENT PROGRAM OGCIOOC—Al2/ 8
<br />Page 4 of 95
<br />"The Department, during any fiscal year, shall not expend money, incur any liability, or
<br />enter into any contract which, by its terms, involves the expenditure of money in excess of
<br />the amounts budgeted as available for expenditure during such fiscal year. Any contract,
<br />verbal or written, made in violation of this subsection is null and void, and no money may
<br />be paid on such contract. The Department shall require a statement from the comptroller
<br />of the Department that funds are available prior to entering into any such contract or other
<br />binding commitment of funds. Nothing herein contained shall prevent the making of
<br />contracts for periods exceeding 1 year, but any contract so made shall be executory only
<br />for the value of the services to be rendered or agreed to be paid for in succeeding fiscal
<br />years, and this paragraph shall be incorporated verbatim in all contracts of the Department
<br />which are for an amount in excess of $25,000 and which have a term for a period of more
<br />than 1 year."
<br />6. Department Payment Obligations:
<br />Subject to other provisions of this Agreement, the Department will honor requests for reimbursement to the Recipient
<br />pursuant to this Agreement. However, notwithstanding any other provision of this Agreement, the Department may elect
<br />by notice in writing not to make a payment if:
<br />a. The Recipient shall have made misrepresentation of a material nature in its application, or any supplement or
<br />amendment to its application, or with respect to any document or data furnished with its application or pursuant to
<br />this Agreement;
<br />b. There is any pending litigation with respect to the performance by the Recipient of any of its duties or obligations
<br />which may jeopardize or adversely affect the Project, the Agreement or payments to the Project;
<br />c. The Recipient shall have,taken any action pertaining to the Project which, under this Agreement, requires the
<br />approval of the Department or has made a related expenditure or incurred related obligations without having been
<br />advised by the Department that same are approved;
<br />d. There has been any violation of the conflict of interest provisions contained in paragraph 14.f.; or
<br />e. The Recipient has been determined by the Department to be in, default under any of the provisions of the Agreement.
<br />The Department may suspend or terminate payment for that portion of the Project which the Federal Highway Administration
<br />("FHWA"), or the Department acting in lieu of FHWA, may designate as ineligible for Federal -aid.
<br />In determining the amount of the payment, the Department will exclude all Project costs incurred by the Recipient prior to
<br />the Department's issuance of a Notice to Proceed ("NTP"), costs incurred after the expiration of the Agreement, costs which
<br />are not provided for in the latest approved schedule of funding in Exhibit "B" for the Project, costs agreed to be borne by
<br />the Recipient or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines,
<br />and. costs attributable to goods or services received under a contract or other arrangements which have not been approved
<br />in writing by the Department.
<br />7. General Requirements:
<br />The Recipient shall complete the Project with all practical dispatch, in a sound, economical, and efficient manner, and in
<br />accordance with the provisions in this Agreement, and all applicable laws. The Project will be performed in accordance with
<br />all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's
<br />Local Adeno, Program Manual (FDOT Topic No. 525-010-300), which by this reference is made a part of this Agreement.
<br />Time is of the essence as to each and every obligation under this Agreement.
<br />a. A full time employee of the Recipient, qualified to ensure that the work being pursued is complete, accurate,
<br />and consistent with the terms, conditions, and specifications of this Agreement shall be in responsible
<br />charge of the Project, which employee should be able to perform the following duties and functions:
<br />i. Administers inherently governmental project activities, including those dealing with cost, time,
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