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11-2239 FDOT Agreement - Wirz Trail Section 1 Project
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11-2239 FDOT Agreement - Wirz Trail Section 1 Project
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City Clerk
City Clerk - Doc Type
Resolutions
City Clerk - Date
3/14/2011
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Exhibit A <br />STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION <br />LOCAL AGENCY PROGRAM AGREEMENT <br />525-010-40 <br />PRODUCTION SUPPORT — 01/11 <br />Pagel <br />FPN: 417461-1-58-01 <br />Fund: SE, SU, DDRF, LFF <br />FLAIR Approp: 088717 <br />Federal No: 8887-583-A <br />Org Code: 55054010508 <br />FLAIR Obj: 790092 <br />FPN: <br />Fund: <br />FLAIR Approp: <br />Federal No: <br />Org Code: <br />FLAIR Obj: <br />FPN: <br />Fund: <br />FLAIR Approp: <br />Federal No: <br />Org Code: <br />FLAIR Obj: <br />FPN: <br />Fund: <br />FLAIR Approp: <br />Federal No: <br />Org Code: <br />FLAIR Obj: <br />County No: 77 <br />Contract No: • ` '7,6_ <br />Vendor No: F591-056-912-009 <br />Data Universal Number System (DUNS) No: 80-939-7102 <br />Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction <br />L/ <br />THIS AGREEMENT, made and entered into this /JWday of _ l by and between the STATE <br />OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the <br />Department, and the CITY OF CASSELBERRY, 95 Triplet Lake Drive Casselberry Florida 32707 hereinafter called <br />the Agency. <br />WITNESSETH: <br />WHEREAS, the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described, <br />and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including <br />the implementation of an integrated and balanced transportation system and is authorized under Section 339.12, Florida <br />Statutes, to enter into this Agreement; <br />NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as <br />follows: <br />1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in the <br />construction of Section 1 of the Kewannee/Wirz Trail and as further described in Exhibit "A" attached hereto and by this <br />reference made a part hereof, hereinafter called the "project," and to provide Department financial assistance to the <br />Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the <br />manner in which the project will be undertaken and completed. <br />1.01 Attachments: Exhibit(s) "A," "B," and "1" are attached and made a part hereof. <br />2.01 General Requirements: The Agency shall complete the project as described in Exhibit "A" with all practical <br />dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable <br />laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals, <br />standards, and directives as described in the Department's Local Agency Program Manual, which by this reference is <br />made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this <br />Agreement. <br />A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent <br />with the terms, conditions, and specifications of this Agreement shall be in charge of each project. <br />Removal of Any Unbilled Funds <br />If Agency fails to timely perform its obligations in submitting invoices and documents necessary for the close out of the <br />project, and said failure results in a loss of the remaining unbilled funding either by Federal withdrawal of funds or loss of <br />State appropriation authority (which may include both federal funds and state funds, if any state funds are on the project), <br />Agency will be responsible for the remaining unbilled funds on the project. No other funds will be provided by the <br />Department. Agency waives the right to contest such removal of funds by the Department, if said removal is directly <br />related to Federal (FHWA) withdrawal of funds or loss of State appropriation authority due to Local Agency's failure or <br />nonperformance. In addition to loss of funding, the Department will consider de -certification of said Agency for future LAP <br />projects. <br />Removal of All Funds <br />
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