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2005-055
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2005-055
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Last modified
7/7/2016 12:21:33 PM
Creation date
9/30/2015 9:30:22 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
02/08/2005
Control Number
2005-055
Agenda Item Number
11.I.2
Entity Name
FEC Railway, LLC
Subject
Railroad Reimbursement
Area
16th St./17th St. crossing
Project Number
23087215701
Archived Roll/Disk#
4000
Supplemental fields
SmeadsoftID
5394
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725 090-23 <br /> RAIL <br /> 01100 <br /> Page 5 of 6 <br /> 22 . Records of costs incurred under terms of this Agreement shall be maintained and made available upon request <br /> to the DEPARTMENT at all times during the period of this Agreement and for three years after final payment is made. <br /> Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred <br /> includes the Contractor' s general accounting records and the project records , together with supporting documents and <br /> records , of the Contractor and all subcontractors performing work on the project, and all other records of the Contractor <br /> and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs . <br /> 23. In the event this contract is for services in excess of 11i11EN 7Y FIVE T HOUSANE) DOLLARS ($25 , 000. 00 ) and <br /> a term for a period of more than one year, the provisions of Section 339 . 135 (6) ( a) , Florida <br /> Statutes , are hereby <br /> The DEPARTMENT , during any fiscal year, shall not expend money , incur any liability , or enter into any <br /> contract which , by its terms , involves the expenditure of money in excess of the amounts budgeted as <br /> available for expenditure during such fiscal year. Any contract, verbal or written , made in violation of this <br /> subsection is null and void , and no money may be paid on such contract. The DEPARTMENT shall <br /> require a statement from the Comptroller of the DEPARTMENT that such funds are available prior to <br /> entering in any such contract or other binding commitment of funds . Nothing herein contained shall <br /> prevent the making of contracts for periods exceeding one year, but any contract so made shall be <br /> executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal <br /> years ; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are <br /> for an amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25 , 000. 00 ) and which have a term <br /> for a period of more than one year. <br /> 24 . In accordance with Section 287 . 133 (2 )(a) , Florida Statutes , the following provisions are included in this <br /> Agreement: <br /> A person or affiliate who has been placed on the convicted vendor list following a conviction for a public <br /> entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not <br /> submit a bid on a contract with a public entity for the construction or repair of a public building or public <br /> work, may not submit bids on leases for real property to a public entity , may not be awarded or perform <br /> work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity , and <br /> may not transact business with any public entity in excess of the threshold amount provided in s. 287 . 017 <br /> for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. <br /> 25 . In accordance with Section 287. 0582 , Florida Statutes , the following provisions are included in this Agreement: <br /> The DEPARTMENT' S obligation to pay under this section is contingent upon an annual appropriation by <br /> the Florida Legislature . <br /> 26 . The DEPARTMENT reserves the right to unilaterally cancel this Agreement for refusal by the contractor <br /> or Agency to allow public access to all documents , papers , letters , or other material subject to the provisions of Chapter <br /> 119 , Florida Statutes , and made or received in conjunction with this Agreement. <br /> 27 . Should the use of said crossing be abandoned due to removal of the roadway then all rights hereby to the <br /> COUNTY shall thereupon cease and terminate and the COUNTY will , at its sole cost and in a manner satisfactory to <br /> satisfactory to the COMPANY, remove said crossing and restore the COMPANY'S property to the condition previously <br /> found , provided that the COMPANY may , at its option , remove the said crossing and restore its property , and the <br /> COUNTY will , in such event, upon bill rendered , pay to the COMPANY the entire cost incurred by it in such removal and <br /> restoration , provided such costs are accrued as specified in Paragraph 9 . <br />
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