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Reso 2021-3185
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Reso 2021-3185
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Last modified
7/28/2021 3:03:08 PM
Creation date
4/28/2021 10:18:49 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2021-3185
Date (mm/dd/yyyy)
04/15/2021
Description
P.O. for unleaded fuel using fuel card program. State of Florida contract with WEX Bank.
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DocuSign Envelope ID: ClAD950E-9B4C-4DE5-98D5-725EBB24CD9D <br />Section 6.5 Safety Standards <br />Section 6.8 Waiver <br />Section 7.1 Workers' Compensation Insurance <br />Section 7.2 General Liability <br />Section 7.3 Florida Authorized Insurers <br />Section 7.4 Performance Bond <br />Section 7.5 Indemnfifcation <br />Section 7.6 Limitation of Liability <br />Section 11.3 Performance Delay <br />Section 11.4 Force Majeure , Notice of Delay, and No Damages for Delay. <br />G. The following sections of Exhibit B, Special Contract Conditions are hereby replaced in <br />their entirety: <br />a. Section 2.3.1, Suspension of Work <br />The Department may, at its sole discretion, suspend any or all activities under <br />the Contract, at any time, when it is in the best interest of the State of Florida to <br />do so. The Customer may suspend a resulting contract or purchase order, at any <br />time, when in the best interest of the Customer to do so. The Department or <br />Customer will provide advance written notice of no fewer than 30 days outlining <br />the particulars of the suspension. After receiving a suspension notice, the <br />Contractor must comply with the notice and will cease the performance of the <br />Contract or purchase order. Suspension of work will not entitle the Contractor to <br />any additional compensation. The Contractor will not resume performance of the <br />Contract or purchase order until so authorized by the Department. <br />b. Section 2.3.2, Termination of Convenience <br />The Contract may be terminated by the Department in whole or in part at any <br />time subject to advance written notice of no fewer than 30 days, in the best <br />interest of the State of Florida. If the Contract is terminated before performance is <br />completed, the Contractor will be paid only for that work satisfactorily performed <br />for which costs can be substantiated. Such payment, however, may not exceed <br />an amount which is the same percentage of the Contract price as the amount of <br />work satisfactorily performed. All work in progress will become the property of the <br />Customer and will be turned over promptly by the Contractor <br />c. Section 3.5, Travel <br />Travel expenses are not reimbursable. <br />d. Section 5.2, Dispute Resolution, Governing Law, and Venue <br />In the event there is a dispute concerning performance of the Contract, except for <br />disputed transactions, the parties shall discuss and seek to arrive at a resolution <br />in good faith. In the event the parties are unable to arrive at a resolution, then the <br />Department's designated Contract Manager shall reduce State's decision as to <br />such dispute to writing and serve a copy on the Contractor. Exhaustion of this <br />administrative remedy is an absolute condition precedent to the Contractor's <br />ability to pursue legal action related to the Contract or any other form of dispute <br />resolution. The laws of the State of Florida govern the Contract. The Parties <br />submit to the jurisdiction of the courts of the State of Florida exclusively for any <br />legal action related to the Contract. Further, the Contractor hereby waives all <br />privileges and rights relating to venue it may have under Chapter 47, F.S., and all <br />
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