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2004-001
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Last modified
8/17/2016 1:18:32 PM
Creation date
9/30/2015 7:11:58 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Amendment
Approved Date
01/06/2004
Control Number
2004-001
Agenda Item Number
7.F.
Entity Name
Florida Department of Environmental Protection
Subject
Beach Erosian Control Program/Shore Protection Project
Amendment No. 5
Project Number
981R1
Archived Roll/Disk#
3209
Supplemental fields
SmeadsoftID
3572
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^ a <br /> 14 . Upon completion of the PROJECT the LOCAL SPONSOR shall submit to the DEPARTMENT a <br /> certification of completion, attached hereto as Attachment D- 1 (Project Completion Certification) . <br /> The DEPARTMENT reserves the right to release retainage withheld, at the request of the LOCAL <br /> SPONSOR, or at the DEPARTMENT ' s convenience , for a completed eligible PROJECT item task <br /> during the term of this Agreement. A completed Project Completion Certification must accompany the <br /> payment request that identifies the eligible project items completed for which release of retained funds <br /> is requested by the LOCAL SPONSOR. <br /> 15 . Pursuant to Chapter 161 . 101 ( 17) , Florida Statutes , the LOCAL SPONSOR shall , at a minimum, comply <br /> with monetary limits for competitive acquisition of both materials and services as required by Chapter <br /> 287 , Florida Statutes , which is expressly made a part of this Agreement and is incorporated herein by <br /> reference as if fully set forth. <br /> 16 . The applicable provisions of Chapter 161 , Florida Statutes , entitled Beach and Shore Preservation , and <br /> any rules promulgated therefrom, are expressly made a part of this Agreement and are incorporated <br /> herein by reference as if fully set forth. <br /> 17 . The LOCAL SPONSOR' s Project Manager for all matters is Jonathan Gorham, Phone : 561 /567 -8000, <br /> extension 568 . The DEPARTMENT's Project Manager for all technical matters is Phil Sanders , Phone : <br /> 850/487 - 1262 , ext. 169 and the DEPARTMENT ' s Grant Program Administrator for all administrative <br /> matters is C . Tony Tucker, Phone : 850/487- 1262 , extension 192 , or their successor(s) . All matters shall <br /> be directed to the appropriate persons for action or disposition . <br /> 18 . Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts <br /> of its <br /> employees and agents . However, nothing contained herein shall constitute a waiver by either party of <br /> its sovereign immunity or the provisions of Section 768 . 28 , Florida Statutes . <br /> 19 , The DEPARTMENT may terminate this Agreement at any time in the event of the failure of the <br /> LOCAL SPONSOR to fulfill any of its obligations under this Agreement. Prior to termination, the <br /> DEPARTMENT shall provide ten ( 10) calendar days written notice of its intent to terminate and shall <br /> provide the LOCAL SPONSOR an opportunity to consult with the DEPARTMENT regarding the <br /> reason(s) for termination . The DEPARTMENT may terminate this Agreement without cause and for its <br /> convenience by giving thirty ( 30) calendar days written notice to the LOCAL SPONSOR . Notice shall <br /> be sufficient if delivered personally or by certified mail to the address set forth in this Agreement. <br /> 20 . Any and all notices shall be delivered to the parties at the following addresses : <br /> LOCAL SPONSOR DEPARTMENT <br /> Jonathan Gorham C . Tony Tucker, Grant Program Administrator <br /> Indian River County Public Works Department Department of Environmental Protection <br /> 1840 25ffi Street Bureau of Beaches and Coastal Systems <br /> Vero Beach, FL 32960 3900 Commonwealth Blvd . , MS 300 <br /> (561 ) 567 -8000 x 568 Tallahassee, Florida 32399 -3000 <br /> ( 850) 487- 1262, extension 192 <br /> 21 . This Agreement may be unilaterally canceled by the DEPARTMENT for refusal by the LOCAL <br /> SPONSOR to allow public access to all documents , papers , letters , or other material made or received <br /> by the LOCAL SPONSOR in conjunction with this Agreement, unless the records are exempt from <br /> Section 24(a) of Article I of the State Constitution and Section 119 . 07 ( 1 ) , Florida Statutes . <br /> DEP Agreement No . 98181 , Amendment No . 5 , Page 4 of 8 <br />
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