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1990-169
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2/26/2021 10:25:22 AM
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Resolutions
Resolution Number
1990-169A
Approved Date
11/06/1990
Subject
Florida Transportation Desadvantaged Commission Grant Agreement
Authorizing the Payment Depository Transfer Checks
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Farm TDc 004 <br />Rev. 818/90 <br />8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein. <br />8.25 Default: The Agency has been determined by the Commission to be in default under any of the provisions <br />of the Agreement. <br />8.26 Supplanting of Funds: The Agency has utilized funds to replace or supplant available and appropriate <br />funds for the same purposes, as provided for by Rule 41-2.014, Florida Administrative Code. <br />8.30 Disallowed Costs: In determining the amount of the financing payment, the Commission will exclude all <br />costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the <br />latest approved budget for the Project, and costs attributable to goods or services received under a contract or other <br />arrangements which have not been approved in writing by the Commission or certified by the Agency, pursuant to <br />Exhibit "C". <br />9.00 Termination or Suspension of Project: <br />9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally <br />discontinues ute Project; or if, by reason of any of the events or conditions set forth in Paragraphs 8.21 to 8.26 <br />inclusive, of Section 8.20 hereof, or for any other reason, the commencement, prosecution, or timely completion of <br />the Project by the Agency is rendered improbable; infeasible, impossible, or illegal, the Commission may, by written <br />notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or <br />condition resulting in such suspension has ceased or been corrected, or the Commission may terminate any or all of <br />its obligations under this Agreement. <br />9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or <br />suspension notice under this Section, the Agency shall proceed promptly to cart' out the actions required therein <br />which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, <br />Project activities and contracts and such other action as may be required or desirable to keep to the minimum the <br />costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and <br />contracts, and other undertakings the cost of which are otherwise includable as Project costs; and (3) remit to the <br />Commission such portion of the financing and any advance payment previously received as is determined by the <br />Commission to be due under the provisions of the Agreement. The termination or suspension shall be carried out in <br />conformity with the latest schedule, plan, and budget as approved by the Commission or upon the basis of terms and <br />conditions imposed by the Commission upon the failure of the Agency to furnish the schedule, plan, and budget <br />within a reasonable time. The acceptance of a remittance by the Agency shall not constitute a waiver of any claim <br />which the Commission may otherwise have arising out of this Agreement. <br />10.00 Remission of Project Account Upon Completion of Project: Upon completion of the Project, and after <br />payment, provision for payment, or reimbursement of all Project costs payable from the Project Account is made, the <br />Agency shall remit to the Commission its share of any unexpended balance in the Project Account. <br />11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the <br />Commission's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, <br />records and accounts pertaining to the financing and development of the Project at all reasonable times and without <br />notice. <br />12.00 Contracts of the Agency: <br />12.10 Third Party Agreements: Except as otherwise authorized in writing by the Commission, the Agency <br />shall not execute any contract or obligate itself in any manner requiring the disbursement of Commission Grant <br />Agreement funds, including consultant contracts or amendments thereto, with any third party with respect to the <br />Project without being able to provide a written certification by the Agency that assures said contract or obligation <br />
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