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2000-104
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2000-104
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Last modified
3/15/2024 12:54:16 PM
Creation date
3/15/2024 12:53:40 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/11/2000
Control Number
2000-104
Agenda Item Number
11.G.2.
Entity Name
State of Florida Department of Transportarion (FDOT)
Subject
Local Agency Program Agreement
Old Winter Beach Road Recreation Bikepath
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r <br />40 <br />t! <br />40 <br />FORM i7s.010•4b <br />CONSTRUCTION <br />0Gc • 1246 <br />Papa S 010 <br />the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration of the <br />agreement, costs which are not provided for in the latest approved estimate for the project, and costs attributable to goods or <br />services received under a contract or other arrangements which have not been approved in writing by the Department. <br />8.00 "TarmbMtion or SUSPeation oC Frajece: <br />8.01 Termination or Suspension Generally The Department may, by written notice to the Agency, suspend any or all of <br />its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been <br />corrected, or the Department may terminate this Agreement in whole or in part at any time the interest of the Department <br />requires such termination. <br />If the Depannrent determines that the performance of the Agency is not satisfactory, the Department shall have the option of <br />(a) immediately terminaling the agreement, or (b) suspending the agreement and notifying the Agency of the deficiency with <br />a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end <br />of such time. Suspension of the contract will not affect the time period for completion of the agreement. <br />If the Department requires termination of the Agreement for reasons other than unsatisfactory performance of the agency, the <br />Department shall notify the Agency of such termination, with instructions as to the effective date of termination or specify the <br />state of workat which the agreement is terminated. <br />If the Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily <br />performed. payment is to he on the basis of substantiated costs. <br />8.02 Action Subsequent to Notice of Termination or Suspension Upon receipt of any final termination or suspension notice <br />under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or <br />all Of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such <br />other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be <br />computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which arc otherwise <br />includable as project costs. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and <br />estimate as approved by the Depariment or upon the basis of terms and conditions imposed by tate Department upon the failure <br />of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The closing out of federal financial <br />participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of <br />this Agreement. <br />9.00 Contraets of the Agency: <br />9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute <br />any contract or obligate itself in any manner requiring; the disbursement of Department funds, including consultant or <br />construction contracts or amendments thereto, with any third party with respect to the project without the written approval of <br />the Department. Failure 10 obtain such approval shall be sufficient cause for nonpayment by the Department. The Department <br />specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or <br />disapprove the employment of the same. <br />9,02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that <br />Participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering <br />architecture or surveying services, is contingent on (lie Agency complying in full with provisions of Section 287.055, Florida <br />Statutes, Consultants Competitive Negotiation Act, At the discretion of the Department, the Agency will involve the <br />Department in the Consultant Selection Process for all projects. In all cases, the Agency's Attorney shall certify to the <br />Department that selection has been accomplished in compliance with [lie Consultant's Competitive Negotiation Act. <br />Exhihis 11-2-1 Local Agency program Agreement <br />2-2-7 <br />
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