Fort Walton Beach Resolution — 2010-21 - Wright Parkway Sidewalk, LAP — reading text

detail sufficient for a proper pre- audit and post- audit thereof ( Section 287. 058( 1 )( a), Florida Statutes ). All recipients of funds from t his A greement, including those contracted by the Agency, must submit bi lis for an y travel expenses, when aut horized by the terms of t his Agreement, in accordance with Section 112. 061, Florida Statutes, and Chapter 3 -" Travel" of the Department' s Disbursement 0 perations Manual, Topic 350- 030- 400 ( Section 287. 058( 1 )( b), Florida Statutes). If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. 7. 00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if: 7. 01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant hereto; 7. 02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement or payments to the project; 7. 03 Approval by Department: The Agency s hall have taken an y ac tion pertaining tot he pr oject which, un der this Agreement, requires t he a pproval of the Department or has made r elated ex penditure or incurred related ob ligations without having been advised by the Department that same are approved; 7. 04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph 12. 06 or 12. 07. 7. 05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. The Department may suspend or terminate payment for that portion of the project which the 7. 06 Federal Participation: FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal- aid. 7. 07 Disallowed Costs: In det ermining t he amount of the pa yment, the Department w ill exclude all projects costs incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit " B" for the pr oject, costs agreed to be borne by t he Agency or its contractors an d subcontractors for not meeting t he project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 7. 08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010- 40 PROJECT MANAGEMENT OFFICE LOCAL AGENCY PROGRAM AGREEMENT 02/ 09 Page 8 completion of the project. Invoices submitted after the 120- day time period may not be paid. 8. 00 Termination or Suspension of Project: 8. 01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or beencorrected or the Department may terminate t his Agreement in w hole or in part at an y time the interest of the Department requires such termination. If the Department determines that the performance of the Agency is not satisfactory, the Department shall notify the Agency of the deficiency in writing with a requirement that the deficiency be corrected within thirty ( 30) days of such notice. Such notice shall provide reasonable specificity to the Agency of the deficiency that requires correction. If the deficiency is not corrected within such time period, the Department may either ( a) immediately terminate the Agreement as set forth in Paragraph 8. B. below, or ( b) take whatever action is deemed appropriate by the Department to correct the deficiency. In the event the Department chooses to take action and not terminate the Agreement, the Agency shall, upon demand, promptly reimburse the Department for any and all costs and expenses incurred by the Department in correcting the deficiency. B. If th e Department terminates the Agreement, the Department shall notify t he Agency of such termination in writing, specify t he stage of work at which t he Agreement i s to be with instructions tot he ef fective d ate of termination or terminated. C. 1ft he Agreement i s terminated before per formance i s completed, t he Agency shall be pa id 0 nly for t hat work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress will become the property of the Department and will be turned over promptly by the Agency. If th is Agreement is terminated before performance is completed, t he Agency shall be paid for t he work sa tisfactorily performed. Payment is to be on the basis of substantiated costs. 8. 02 Action Subsequent to Notice- of-Termination or Suspension: Upon receipt of any final termination or suspension notice under t his par agraph, t he Agency shall pr oceed pr omptly to carry out the ac tions required t herein which may include any or all of the following: ( a) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which the financing is to be computed; ( b) furnish a statement of the project activities and contracts and other undertakings the cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity with t he latest schedule, pi an, and cost as appr oved by t he Department or upon t he bas is of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9. 00 Contracts of Agency: 9. 01 Third Party Agreements: Except as ot herwise aut horized in writing by t he Department, t he Agency s hall no t execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or am endments t hereto, with any third p arty with respect tot he pr oject without t he written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 9. 02 Compliance with Consultants' Competitive Negotiation Act: It is understood an d agreed by the parties hereto that participation by the Department in a project with the Agency, where s aid project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency' s complying in full with provisions of Section 287. 055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the consultant selection process for all projects. I n all cases, the Agency' s attorney shall certify  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010- 40 PROJECT MANAGEMENT OFFICE LOCAL AGENCY PROGRAM AGREEMENT 02/ 09 Page 9 to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 10. 00 Disadvantaged Business Enterprise ( DBE) Policy and Obligation: It is the policy of the Department that DBE' s, as defined in 49 C . F. R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBE' s have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and s tate I aws and regulations to ensure that the D BE' s have the op portunity to compete f or and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national or igin or sex in the award and performance of contracts, entered pursuant to this Agreement. Furthermore the Agency agrees that: a) Each financial assistance agreement you sign with a US- DOT operating administration ( or a primary recipient) must include the following assurance: The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT- assisted contract, or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT- assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by Department, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U. S. C. 1001 and/ or the Program Fraud Civil Remedies Act of 1986 ( 31 U. S. C. 3801 et seq.). b) Each contract you sign with a contractor ( and each