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limited to, consulting or construction contracts or amendments thereto, with any <br />third party with respect to the Outstanding Work without the prior written <br />approval of the DEPARTMENT. The DEPARTMENT specifically reserves the <br />right to review qualifications of any consultant or contractor and to approve or <br />disapprove CITY employment of same. The CITY shall provide to the <br />DEPARTMENT copies of all fully executed contracts relating to the <br />Outstanding Work, including but not limited to, contracts related to costs for <br />Outstanding Work construction and material. <br />g. The CITY's attorney shall certify to the DEPARTMENT: <br />(i) that the Consultant Selection Process by the CITY in procuring any <br />consultant contract for engineering, architecture or surveying services entered <br />into by the CITY for purposes of performing its duties under this Agreement <br />has been accomplished in compliance with the Consultant's Competitive <br />Negotiation Act (Chapter 287.055, F.S.); and <br />(ii) that the purchase of commodities or contractual services by the CITY <br />exceeding the Threshold Amount for CATEGORY TWO per Chapter 287.017 <br />F.S. for purposes of performing its duties under this Agreement has been <br />accomplished in full compliance with the provisions of Chapter 287.057 F.S. <br />Such certification includes the contract procured by the CITY pursuant to <br />Invitation to Bid No. 15-12-02. <br />h. This Agreement and any interest herein shall not be assigned, transferred or <br />otherwise encumbered by the CITY under any circumstances without prior <br />written consent of the DEPARTMENT. However, this Agreement shall run to <br />the DEPARTMENT and its successors. <br />The CITY shall have the sole responsibility for resolving claims and requests <br />for additional work. The CITY will make the best efforts to obtain the <br />DEPARTMENT input in its decisions. <br />j. The DEPARTMENT shall reimburse the CITY for eligible Outstanding Work <br />costs as defined in Exhibit `B" — Financial Summary, and in accordance with <br />the financial provisions in Section 3 of this Agreement. <br />k. The DEPARTMENT grants to the CITY, and its agents, employees, consultants <br />and contractors, a right of entry on the DEPARTMENT's right of way within <br />the Project Limits, for any and all purposes in connection with the Outstanding <br />Work that the CITY shall perform in accordance with this Agreement. This <br />right of entry shall be limited to the term of this Agreement and is not intended <br />to create any property rights in the CITY. <br />1. The CITY shall comply with all federal, state, and local laws and ordinances <br />applicable with work or payment of work thereof, and will not discriminate on <br />the grounds of race, color, religion, sex, national origin, age or disability in the <br />performance of work under this Agreement. <br />Page 3 of 21 <br />Department Funded Agreement between the Florida Department of Transportation and the City <br />Financial Project Number # 430949-3-58-01 <br />176 <br />