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subrecipient, Brightline Trains Florida, LLC ("Brightline"), and that the County is entering into <br />this Agreement in reliance upon Brightline's commitments to the County under the terms of the <br />Settlement Agreement between the County and Brightline Trains Florida, LLC, dated effective as <br />of June 8, 2021 (the "Settlement Agreement"). Nothing in this Agreement shall be construed as <br />requiring the County to perform any activity which is outside of the scope of services of the Project <br />as defined in Exhibit "A", or which is in excess of the funding available under this Agreement. <br />The County shall provide quantifiable, measurable, and verifiable units of deliverables. The <br />Project, the quantifiable, measurable, and verifiable units of deliverables, the minimum level of <br />service to be performed and the criteria for evaluating successful completion are described more <br />fully in Exhibit "A". <br />4. The County, either itself or through the County's subrecipient, shall be responsible <br />for obtaining clearances/permits required for the construction of the Project from the appropriate <br />permitting authorities. Execution of this Agreement constitutes a certification by the County that <br />the Project will be carried out in conformance with all applicable environmental regulations <br />including the securing of any applicable permits. The Department shall have no liability in the <br />event of non-compliance with applicable environmental regulations, including the securing of any <br />applicable permits. <br />5. The County will require its subrecipient to undertake the design, permitting, <br />construction, and oversight of the Project in accordance with all applicable federal, state and local <br />statutes, rules and regulations, including the Federal Railroad Administration and County <br />standards and specifications. <br />a. The County will task its subrecipient with responsibility for preparation of <br />all design plans that are necessary for the Project. All design work on the Project shall be <br />performed in accordance with the requirements of all applicable laws and governmental <br />rules and regulations and federal and state accepted design standards for the type of <br />construction contemplated by the Project, including, as applicable, but not limited to, the <br />applicable provisions of the Manual of Uniform Traffic Control Devices (MUTCD), <br />Federal Railroad Administration requirements, and the AASHTO Policy on Geometric <br />Design of Streets and Highways. <br />b. Execution of this Agreement by both parties shall be deemed a Project <br />notice to proceed to the County for the Project. Any work performed prior to the execution <br />of this Agreement or after the expiration or earlier termination of this Agreement is not <br />subject to reimbursement. <br />C. The Department shall have the right, but not the obligation, to independently <br />evaluate the work being performed on the Project. <br />d. The County is responsible for ensuring that the work under this Agreement <br />is performed in accordance with the approved Project documents, and that it will meet all <br />applicable County requirements, including the requirements of the Settlement Agreement. <br />W <br />