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2009-101
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2009-101
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Last modified
3/15/2016 9:28:09 AM
Creation date
10/1/2015 3:28:10 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/14/2009
Control Number
2009-101
Agenda Item Number
8.D.
Entity Name
Florida Department of Transportation
Subject
Indian River Blvd. Sidewalk Improvements
Resolution 2009-040
Area
12th St. to 17th St.
Supplemental fields
SmeadsoftID
10572
Document Relationships
2009-040
(Attachment)
Path:
\Resolutions\2000's\2009
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 <br /> LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE <br /> 03/07 <br /> Page 7 <br /> 5 . 06 Uniform Relocation Assistance and Real Property Statistical Report : For any project requiring additional right- <br /> of-way, the Agency must submit to the Department an annual report of its real property acquisition <br /> and relocation <br /> assistance activities on the project . Activities shall be reported on a federal fiscal year basis , from <br /> October 1 through <br /> September 30 . The report must be prepared using the format prescribed in 49 C . F . R . Part 24 <br />, Appendix B , and be <br /> submitted to the Department no later than October 15 of each year . <br /> 6. 00 Requisitions and Payments : Requests for reimbursement for fees or other compensation for services or expenses <br /> incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof (Section 287 . 058 ( 1 ) ( <br />a ) , Florida <br /> Statutes ) . <br /> All recipients of funds from this Agreement , including those contracted by the Agency, must submit bills <br /> for any travel <br /> expenses , when authorized by the terms of this Agreement , in accordance with Section 112 . 061 , Florida <br /> Statutes , and <br /> Chapter 32Travel" of the Department' s Disbursement Operations Manual , Topic 350 -030400 ( Section 287 . 058 ( 1 <br />) ( b ) , <br /> Florida Statutes ) . <br /> If, after project completion , any claim is made by the Department resulting from an audit or for work or services <br /> performed <br /> pursuant to this Agreement , the Department may offset such amount from payments due for work or services done under <br /> any agreement which it has with the Agency owing such amount if, upon demand , payment of the amount is <br /> not made <br /> within 60 days to the Department . Offsetting any amount pursuant to this paragraph shall not be considered a breach <br /> of <br /> contract by the Department . <br /> 7 . 00 Department Obligations : Subject to other provisions hereof, the Department will honor requests for reimbursement <br /> to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of <br /> the project <br /> and payment of the eligible costs . However, notwithstanding any other provision of this Agreement , the Department may <br /> elect by notice in writing not to make a payment if: <br /> 7 . 01 Misrepresentation : The Agency shall have made misrepresentation of a material nature in its application , <br /> or any <br /> supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant <br /> hereto ; <br /> 7 . 02 Litigation : There is then pending litigation with respect to the performance by the Agency of any <br /> of its duties or <br /> obligations which may jeopardize or adversely affect the project , the Agreement or payments to the project ; <br /> 7 . 03 Approval by Department : The Agency shall have taken any action pertaining to the project which <br />, under this <br /> Agreement , requires the approval of the Department or has made related expenditure or incurred related <br /> obligations <br /> without having been advised by the Department that same are approved ; <br /> 7 . 04 Conflict of Interests : There has been any violation of the conflict of interest provisions contained here in paragraph <br /> 12 . 06 or 12 . 07 . <br /> 7 . 05 Default : The Agency has been determined by the Department to be in default under any of the provisions <br /> of the <br /> Agreement . <br /> 7 . 06 Federal Participation : The Department may suspend or terminate payment for that portion of the project which the <br /> FHWA, or the Department acting in lieu of FHWA , may designate as ineligible for federal -aid . <br /> 7 . 07 Disallowed Costs : In determining the amount of the payment , the Department will exclude all <br /> projects costs <br /> incurred by the Agency prior to the effective date of this Agreement or the date of authorization , costs incurred <br /> after the <br /> expiration of the Agreement , costs which are not provided for in the latest approved schedule of funding in Exhibit <br /> " B" for <br /> the project , costs agreed to be borne by the Agency or its contractors and subcontractors for not <br /> meeting the project <br /> commencement and final invoice time lines , and costs attributable to goods or services received under a contract or other <br /> arrangements which have not been approved in writing by the Department . <br /> 7 . 08 Final Invoices : The Agency must submit the final invoice on the project to the Department within 120 days after <br /> the <br /> completion of the project . Invoices submitted after the 120-day time period may not be paid . <br /> 8 . 00 Termination or Suspension of Project : <br />
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