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2009-305
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2009-305
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Last modified
3/17/2016 10:07:32 AM
Creation date
10/1/2015 4:00:33 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/01/2009
Control Number
2009-305
Agenda Item Number
8.K.
Entity Name
Florida Department of Transportation
Subject
Small County Outreach Program Resurface Old Dixie
Resolution 2009-178
Area
Old Dixie from US 1 to 53rd St.
Supplemental fields
SmeadsoftID
10885
Document Relationships
2009-178
(Attachments)
Path:
\Resolutions\2000's\2009
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6 . COMPLIANCE WITH LAWS <br /> A . The COUNTY shall allow public access to all documents , papers , letters , or other material <br /> subject to the provisions of Chapter 119 , Florida Statutes , and made or received by the COUNTY in <br /> conjunction with this Agreement . Failure by the COUNTY to grant such public access shall be <br /> grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT . <br /> B . The COUNTY shall comply with all federal , state and local laws and ordinances applicable to <br /> the work or payment for work thereof, and shall not discriminate on the grounds of race , color, religion , <br /> sex or national origin in the performance of work under this Agreement . <br /> C . No funds received pursuant to this Agreement may be expended for lobbying the Legislature , <br /> the judicial branch , or a state agency . <br /> D . The COUNTY and the DEPARTMENT agree that the COUNTY , its employees , agents , <br /> contractors , subcontractors , consultants , and /or subconsultants are not agents of the DEPARTMENT <br /> as a result of this Agreement for purposes other than those set out in Section 337 . 274 , Florida <br /> Statutes . <br /> E . The COUNTY will comply with the Federal and State Audit provisions and the Single Audit <br /> Compliance Requirements set forth in Exhibit " B " and Exhibit " C " , respectively which are attached <br /> hereto and made part of this Agreement . <br /> 7 . TERMINATION AND DEFAULT <br /> A . This Agreement may be terminated by either party upon default by the other party . Further, <br /> this Agreement may be terminated by the DEPARTMENT in whole or in part at any time the interest of <br /> the DEPARTMENT requires such termination . The DEPARTMENT also reserves the right to seek <br /> termination or cancellation of this Agreement in the event the COUNTY shall be placed in either <br /> voluntary or involuntary bankruptcy . The DEPARTMENT further reserves the right to terminate or <br /> cancel this Agreement in the event an assignment is made for the benefit of creditors . <br /> B . If the Agreement is terminated before performance is completed , the COUNTY shall be paid <br /> for any remainder of actual costs incurred that have not been invoiced or paid , for work satisfactorily <br /> performed . <br /> 8 . MISCELLANEOUS <br /> A . All words used herein in the singular form shall extend to and include the plural . All words <br /> used in the plural form shall extend to and include the singular. All words used in any gender shall <br /> extend to and include all genders . <br /> B . The DEPARTMENT shall not be obligated or liable hereunder to any party not a party to this <br /> Agreement . <br /> C . In no event shall the making by the DEPARTMENT of any payment to the COUNTY constitute <br /> or be construed as a waiver by the DEPARTMENT of any breach of covenant or any default which <br /> may then exist , on the part of the COUNTY , and the making of such payment by the DEPARTMENT <br /> while any such breach or default shall exist shall in no way impair or prejudice any right or remedy <br /> available to the DEPARTMENT with respect to such breach or default . <br /> D . This document incorporates and includes all prior negotiations , correspondence , <br /> conversations , agreements , or understandings applicable to the matters contained herein , and the <br /> parties agree that there are no commitments , agreements or understandings concerning the subject <br /> matter of this Agreement that are not contained in this document . Accordingly , it is agreed that no <br /> deviation from the terms hereof shall be predicated upon any prior representation or agreements <br /> 5 OF 7 <br />
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