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2019-033
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Last modified
6/3/2019 12:35:25 PM
Creation date
4/25/2019 2:43:14 PM
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Resolutions
Resolution Number
2019-033
Approved Date
04/23/2019
Agenda Item Number
8.H.
Resolution Type
Small County Outreach Program (SCOP) Agreement
Entity Name
Florida Department of Transportation (FDOT)
Subject
Chairman's Execution
Resurfacing and Construction Engineering Inspection (CEI) Services
Includes State-Funded Grant Agreement
Area
49th Street/Lindsay Road from 58th Avenue/CR-613 to 31st Avenue
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DocuSign Envelope ID: 01899E69-0508-47AA-8D43-72282BC6EBA9 <br />STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 <br />STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGE 02/19 <br />of such payment by the Department, while any such breach or default shall exist, shall in no way impair or <br />prejudice any right or remedy available to the Department with respect to such breach or default. <br />b. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In <br />such an instance, the remainder would then continue to conform to the terms and requirements of <br />applicable law. <br />c. The Recipient and the Department agree that the Recipient, its employees, contractors, subcontractors, <br />consultants, and subconsultants are not agents of the Department as a result of this Agreement. <br />d. By execution of the Agreement, the Recipient represents that it has not paid and, also agrees not to pay, <br />any bonus or commission for the purpose of obtaining an approval of its application for the financing <br />hereunder. <br />e. Nothing in the Agreement shall require the Recipient to observe or enforce compliance with any provision <br />or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions <br />of the Agreement violate any applicable state law, the Recipient will at once notify the Department in writing <br />in order that appropriate changes and modifications may be made by the Department and the Recipient to <br />the end that the Recipient may proceed as soon as possible with the Project. <br />f. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, <br />but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this <br />Agreement with a signature on behalf of a party will be legal and binding on such party. <br />g. The Department reserves the right to unilaterally terminate this Agreement for failure by the Recipient to <br />comply with the provisions of Chapter 119, Florida Statutes. <br />h. The Recipient agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all <br />subcontracts the obligation to comply with Section 20.055(5), Florida Statutes <br />i. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In <br />the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. <br />The Recipient agrees to waive forum and venue and that the Department shall determine the forum and <br />venue in which any dispute under this Agreement is decided. <br />j. This Agreement does not involve the purchase of Tangible Personal Property, as defined in Chapter 273, <br />Florida Statutes. <br />16. Exhibits. <br />a. Exhibits A, B, D, and E, and Attachment F are attached to and incorporated into this Agreement. <br />b. ® The Project will involve construction, therefore, Exhibit "C", Engineer's Certification of Compliance is <br />attached and incorporated into this Agreement. <br />c. ❑ A portion or all of the Project will utilize the Department's right-of-way and, therefore, Exhibit F, Terms <br />and Conditions of Construction in Department Right -of -Way, is attached and incorporated into this <br />Agreement. <br />d. ❑ The following Exhibit(s), in addition to those listed in 16.a. and 16.b., are attached and incorporated into <br />this Agreement: <br />e. Exhibit and Attachment List <br />Exhibit A: Project Description and Responsibilities <br />Exhibit B: Schedule of Financial Assistance <br />"Exhibit C: Engineer's Certification of Compliance <br />Page 12 of 14 <br />
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