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2002-008
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2002-008
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Last modified
2/16/2017 2:00:24 PM
Creation date
9/30/2015 5:29:18 PM
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Resolutions
Resolution Number
2002-008
Approved Date
01/22/2002
Resolution Type
Agreement
Entity Name
Florida Department of Transportation
IRC Metropolitan Planning Organization
Subject
Joint Agreement 16th/17th St. Widening Project
Area
16th./ 17th. Street
Archived Roll/Disk#
2745
Supplemental fields
SmeadsoftID
3304
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13. The DEPARTMENT, during any fiscal year, shall not expend money,incur any liability. or enter into <br /> any contract which, by its terms, involves the expenditure of money in excess of the amounts <br /> budgeted as available for expenditure during such fiscal year. Any contract. verbal or written, made <br /> in violation of this subsection is null and void, and no money may be paid on such contract. The <br /> DEPARTh[ENT shall require a statement from the comptroller of the DEPARTMENT that funds <br /> are available prior to entering into any such contract or other binding commitment of funds. Nothing <br /> herein contained shall prevent the making of contracts for periodsexceeding one (1) year, but any <br /> contract so made shall be executed only for the value of the services to be rendered or agreed to be <br /> paid for in succeeding fiscal years: and this paragraph shall be incorporated verbatim in all contacts <br /> of the DEPARTMENT which are for an amount in excess of$25,000 and which have a term for a <br /> period of more than one (1) year. <br /> 14. Records of costs incurred under the terms of this Agreement shall be maintained and made available <br /> upon request to the COUNTY at all times during the period of this Agreement and for three years <br /> after final payment is ,made. Copies of these documents and records shall be furnished to the <br /> COUNTY upon request. Records of costs incurred include theDEPART'NIEN7's general accounting <br /> records and the project records, together with supporting documents and records of the Consultant <br /> and subconsultant performing work on the project, and all other records of the Consultant and <br /> subconsultant considered necessary by the Department for the proper audit of costs. <br /> 15. The DEPARTMENT may cancel this Agreement for refusal of the COUNTY to allow public access <br /> to all documents, papers, letters, or other material subject to the provisions of Chapter 119 of the <br /> Florida Statutes, made or reviewed by the COUNTY in conjunction with this Agreement and shall <br /> make provisions in its Agreements with its consultants and sub-consultants to terminate for failure <br /> to comply with this provision. <br /> 16. The COUNTY warrants that it has not employed or obtained any company or person, other than bona <br /> fide employees of the COUNTY, to solicitor secure this Agreement, and it has not paid or agreed <br /> to pay any company, corporation, individual or firm, other than a bona fide employee employed by <br /> the COUNTY. For breach or violation of this provision, the DEPARTMENT shall have the right <br /> to terminate the Agreement without liability. <br /> 17. To the extent allowed by the Laws of Florida. the COUNTY hereby agrees to indemnify, defend, <br /> save, and hold harmless the DEPARTMENT from all claims, demands liabilities, and suits of any <br /> nature arising out of, because of, or due to any negligent and/or intentional act or occurrence, <br /> omission, or commission of the COUNTY, its agents,or employees. arising from this Agreement <br /> or the work which is the subject hereof._ It is specifically understood and agreed that this <br /> indemnification clause does not cover or indemnify the DEPARTMENT for its own negligence. <br /> 18. This Agreement is governed by and construed in accordance with the laws of the State of Florida. <br /> 4 of 8 <br />
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