3/15/2016 9:28:09 AM
10/1/2015 3:28:10 AM
Official Document Type
Agenda Item Number
Florida Department of Transportation
Indian River Blvd. Sidewalk Improvements
12th St. to 17th St.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 <br /> LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE <br /> 0307 <br /> Page 2 <br /> If all funds are removed from the project , including amounts previously billed to the Department and <br />reimbursed to the <br /> Agency, and the project is off the state highway system , then the department will have to request <br /> repayment for the <br /> previously billed amounts from the Local Agency . No state funds can be used on off-system projects . <br /> 2 . 02 Expiration of Agreement : The Agency agrees to complete the project on or before December 31 , 2010 <br />. If the <br /> Agency does not complete the project within this time period , this Agreement will expire on the last day of <br />the scheduled <br /> completion as provided in this paragraph unless an extension of the time period is requested by the Agency <br />and granted <br /> in writing by the Department prior to the expiration of this Agreement . Expiration of this Agreement will <br /> be considered <br /> termination of the project . The cost of any work performed after the expiration date of this <br /> Agreement will not be <br /> reimbursed by the Department . <br /> 2 . 03 Pursuant to Federal , State, and Local Laws : In the event that any election , referendum , approval , permit <br />, notice <br /> or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement <br /> or <br /> to undertake the project hereunder or to observe , assume or carry out any of the provisions of the Agreement , the Agency <br /> will initiate and consummate , as provided by law, all actions necessary with respect to any such matters so requisite . <br /> 2 . 04 Agency Funds : The Agency shall initiate and prosecute to completion all proceedings necessary, including <br /> federal -aid requirements , to enable the Agency to provide the necessary funds for completion of the project . <br /> 2 . 05 Submission of Proceedings , Contracts , and Other Documents : The Agency shall submit to the Department <br /> such data , reports , records , contracts , and other documents relating to the project as the Department <br /> and the Federal <br /> Highway Administration ( FHWA) may require . <br /> 3 . 00 Project Cost : <br /> 3 . 01 Total Cost : The total cost of the project is $ 432 . 000 . 00 . This amount is based upon the schedule <br /> of funding in <br /> Exhibit " B . " The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits <br /> involved . <br /> The schedule of funding may be modified by mutual agreement as provided for in paragraph 4 . 00 . <br /> 3 . 02 Department Participation : The Department agrees to participate , including contingencies , in the project cost to the <br /> extent provided in Exhibit " B . " This amount includes federal -aid funds which are limited to the actual amount of federal <br />. <br /> aid participation . <br /> 3 . 03 Limits on Department Funds : Project costs eligible for Department participation will be allowed only from the date <br /> of this Agreement . It is understood that Department participation in eligible project costs is subject to : <br /> a ) Legislative approval of the Department's appropriation request in the work program year that the project <br /> is <br /> scheduled to be committed ; <br /> b ) Availability of funds as stated in paragraphs 3 . 04 and 3 . 05 of this Agreement ; <br /> c ) Approval of all plans , specifications , contracts or other obligating documents and all other <br /> terms of this <br /> Agreement ; and <br /> d ) Department approval of the project scope and budget at the time appropriation authority becomes available . <br /> 3 . 04 Appropriation of Funds : The Department' s performance and obligation to pay under this Agreement is contingent <br /> upon an annual appropriation by the Legislature . If the Department's funding for this project is in multiple <br /> fiscal years , <br /> funds approval from the Department' s Comptroller must be received each fiscal year prior to costs being incurred . <br /> See <br /> Exhibit " B " for funding levels by fiscal year . Project costs utilizing these fiscal year funds are not eligible for <br /> reimbursement if incurred prior to funds approval being received . The Department will notify the Agency, in writing , when <br /> funds are available . <br /> 3 . 05 Multi -Year Commitment : In the event this Agreement is in excess of $ 25 , 000 and has a term for a period <br /> of more <br /> than one year, the provisions of Section 339 . 135(6 ) (a ) , Florida Statutes , are hereby incorporated : <br /> " ( a ) The department , during any fiscal year , shall not expend money, incur any liability, or enter into any <br /> contract which , by its terms , involves the expenditure of money in excess of the amounts budgeted as <br />
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