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2020-090
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Last modified
3/2/2021 10:37:59 AM
Creation date
5/12/2020 11:34:59 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
05/05/2020
Control Number
2020-090
Agenda Item Number
8.F.
Entity Name
Florida Department of Transportation (FDOT)
Subject
Community aesthetic feature agreements for Indian River Welcome Signs project
SEE RESO 2020-039
Area
2 agreements; 01= North & South County Entrances; 02 = SR 60 entrance
Project Number
IRC-1816
Document Relationships
2020-039
(Cover Page)
Path:
\Resolutions\2020's\2020
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A TRUE COPY <br />CERTIFICATION ON LAST PAGE 625-010-10 <br />SIGN <br />J.R. SMITH, CLERK OADWAY occ -08/17an� <br />Page 5 of 12 <br />Vero Beach, Florida 32960 <br />Phone: (772) 226-1931 <br />Fax: (772) 778-9391 <br />7. TERMINATION OF AGREEMENT. The Department may terminate this Agreement upon no less than <br />thirty (30) days notice in writing delivered by certified mail, return receipt requested, or in person with proof of delivery. <br />The Agency waives any equitable claims or defenses in connection with termination of the Agreement by the Department <br />pursuant to this Paragraph 7. <br />8. LEGAL REQUIREMENTS. <br />This Agreement is executed and entered into in the State of Florida and will be construed, performed, and <br />enforced in all respects in strict conformity with local, state, and federal laws, rules, and regulations. Any <br />and all litigation arising under this Agreement shall be brought in a state court of appropriate jurisdiction in <br />Leon County, Florida, applying Florida law. <br />b. If any term or provision of the Agreement is found to be illegal or unenforceable, the remainder of the <br />Agreement will remain in full force and effect and such term or provision will be deemed stricken. <br />c. The Agency shall allow public access to all documents, papers, letters, or other material subject to the <br />provisions of Chapter 119, Florida Statutes, and made or received by the Agency in conjunction with this <br />Agreement. Failure by the Agency to grant such public access shall be grounds for immediate unilateral <br />cancellation of this Agreement by the Department. <br />d. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, <br />consultants, and subconsultants are not agents of the Department as a result of this Agreement. <br />The Agency shall not cause any liens or encumbrances to attach to any portion of the Department's right- <br />of-way. <br />9. PUBLIC ENTITY CRIME. The Agency affirms that it is aware of the provisions of Section <br />287.133(2)(a), Florida Statutes. A person or affiliate who has been placed on the convicted vendor list following a <br />conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, <br />may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may <br />not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, <br />subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity <br />in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of <br />thirty six (36) months from the date of being placed on the convicted vendor list. The Agency agrees that it shall not <br />violate Section 287.133(2)(a), Florida Statutes, and further acknowledges and agrees that any conviction during the term <br />of this Agreement may result in the termination of this Agreement. <br />10. UNAUTHORIZED ALIENS. The Department will consider the employment of unauthorized aliens, by <br />any contractor or subcontractor, as described by Section 274A(e) of the Immigration and Nationalization Act, cause for <br />termination of this Agreement. <br />11. NON-DISCRIMINATION. The Agency will not discriminate against any employee employed in the <br />performance of this Agreement, or against any applicant for employment because of age, ethnicity, race, religious belief, <br />disability, national origin, or sex. The Agency shall provide a harassment -free workplace, with any allegation of <br />harassment given priority attention and action by management. The Agency shall insert similar provisions in all contracts <br />and subcontracts for services by this Agreement. <br />12. DISCRIMINATORY VENDOR LIST. The Agency affirms that it is aware of the provisions of Section <br />
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