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Reso 2024-3602
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Reso 2024-3602
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Last modified
1/24/2024 1:19:33 PM
Creation date
1/24/2024 1:17:49 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2024-3602
Date (mm/dd/yyyy)
01/18/2024
Supplemental fields
Comment
1/24/24 snt to C/M office, Myra/Kelly for execution from FDOT.
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DocuSign Envelope ID: ACDD6E9D-77A6-4C04-B7F8-CC44A3828C04 <br />STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 <br />STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT <br />osizz <br />b. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In <br />such an instance, the remainder would then continue to conform to the terms and requirements of <br />applicable law. <br />c. The Recipient and the Department agree that the Recipient, its employees, contractors, subcontractors, <br />consultants, and subconsultants are not agents of the Department as a result of this Agreement. <br />d. By execution of the Agreement, the Recipient represents that it has not paid and, also agrees not to pay, <br />any bonus or commission for the purpose of obtaining an approval of its application for the financing <br />hereunder. <br />e. Nothing in the Agreement shall, require the Recipient to observe or enforce compliance with any provision <br />or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions <br />of the Agreement violate any applicable state law, the Recipient will at once notify the Department in writing <br />in order that appropriate changes and modifications may be made by the Department and the Recipient to <br />the end that the Recipient may proceed as soon as possible with the Project. <br />f. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, <br />but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this <br />Agreement with a signature on behalf of a party will be legal and binding on such party. <br />g. The Department reserves the right to unilaterally terminate this Agreement for failure by the Recipient to <br />comply with the provisions of Chapter 119, Florida Statutes. <br />h. The Recipient agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all <br />subcontracts the obligation to comply with Section 20.055(5), Florida Statutes <br />i. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In <br />the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. <br />The Recipient agrees to waive forum and venue and that the Department shall determine the forum and <br />venue in which any dispute under this Agreement is decided. <br />j. This Agreement does not involve the purchase of Tangible Personal Property, as defined in Chapter 273, <br />Florida Statutes. <br />16. Exhibits. <br />a. Exhibits A, B, D, F, and J are attached to and incorporated into this Agreement. <br />b. ® The Project will involve construction, therefore, Exhibit "C", Engineer's Certification of Compliance is <br />attached and incorporated into this Agreement. <br />c. ❑ Alternative Advance Payment Financial Provisions are used on this Project. If an Alternative Pay Method <br />is used on this Project, then Exhibit "H", Alternative Advance Payment Financial Provisions, is attached <br />and incorporated into this Agreement. <br />d. ❑ This Project utilizes Advance Project Reimbursement. If this Project utilizes Advance Project <br />Reimbursement, then Exhibit "K", Advance Project Reimbursement is attached and incorporated into this <br />Agreement. <br />e. ❑ A portion or all of the Project will utilize the Department's right-of-way and, therefore, Exhibit O, Terms <br />and Conditions of Construction in Department Right -of -Way, is attached and incorporated into this <br />Agreement. <br />f. ❑ The following Exhibit(s), in addition to those listed in 16.a. through 16.f., are attached and incorporated <br />into this Agreement: <br />Page 12 of 14 <br />
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