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2004-257
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2004-257
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Entry Properties
Last modified
9/28/2016 2:00:39 PM
Creation date
9/30/2015 8:19:33 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
10/19/2004
Control Number
2004-257
Agenda Item Number
11.I.3
Entity Name
Department of Transportation
Subject
Locally Funded Agreement Project Development and Environment Study
Area
CR 512 to Indian River Bridge
Project Number
984-003-S
Archived Roll/Disk#
3224
Supplemental fields
SmeadsoftID
4593
Document Relationships
2000's
(Agenda)
Path:
\Resolutions
2004-028
(Attachment)
Path:
\Resolutions\2000's\2004
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"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 <br /> as available for expenditure during such fiscal year. Any contract, verbal or written , made in violation <br /> of this subsection is null and void , and no money may be paid on such contract. The Department <br /> shall require a statement from the Comptroller of the Department that such funds are available prior <br /> to entering into any such contract or other binding commitment of funds. Nothing herein contained <br /> shall prevent the making of contracts for periods exceeding one year, but any contract so made <br /> shall be executory only for the value of the services to be rendered or agreed to be paid for in <br /> succeeding fiscal years ; and this paragraph shall be incorporated verbatim in all contracts of the <br /> Department which are for an amount in excess of TWENTY FIVE THOUSAND DOLLARS <br /> ($25 , 000 , 00) and which have a term for a period of more than one year. " <br /> 22 . The PARTICIPANT warrants that it has not employed or obtained any company or person , other than <br /> bona fide employees of the PARTICIPANT , to solicit or secure this AGREEMENT , and it has not paid <br /> or agreed to pay any company , corporation , individual or firm , other than a bona fide employee <br /> employed by the PARTICIPANT . For breach or violation of this provision , the DEPARTMENT shall <br /> have the right to terminate the AGREEMENT without liability . <br /> 23 This AGREEMENT is governed by and construed in accordance with the laws of the State of Florida . <br /> 24 . This document incorporates and includes all prior negotiations , correspondence , conversations, <br /> agreements , or understandings applicable to the matters contained herein , and the parties agree that <br /> there are no commitments , agreements or understandings concerning the subject matter of this <br /> agreement that are not contained in this document. Accordingly, it is agreed that no deviation from <br /> the terms hereof shall be predicated upon any prior representation or agreements whether oral or <br /> written . It is further agreed that no modification , amendment, or alteration in the terms and conditions <br /> contained herein shall be effective unless contained in a written document executed with the same <br /> formality and of equal dignity herewith . <br /> 25 . Any or all notices (except invoices) given or required under this Agreement shall be in writing and <br /> either personally delivered with receipt acknowledged or sent by certified mail , return receipt <br /> requested . All notices delivered shall be sent to the following addresses : <br /> If to the DEPARTMENT : <br /> Florida Department of Transportation - District Four <br /> 3400 West Commercial Blvd . <br /> Fort Lauderdale , Florida 33309-3421 <br /> Attn : Lizz Holmes , Procurement Manager <br /> With a copy to: Nicholas Danu , FDOT Project Manager <br /> A second copy to : District General Counsel <br /> If to the PARTICIPANT : <br /> Indian River County <br /> 1840 25th Street <br /> Vero Beach , Florida 32960 <br /> Attn : Jim Davis <br /> With a copy to City Attorney <br />
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