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Reso 2010-1620
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Reso 2010-1620
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Last modified
12/22/2011 3:55:37 PM
Creation date
11/4/2010 1:51:38 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2010-1620
Date (mm/dd/yyyy)
10/14/2010
Description
RFP 10-08-01, Agmt w/Southeastern Eng, Central Isle Emer. Outfalls Phase IV
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<br />- <br /> <br />designee may extend the Cure Period at its sole discretion or terminate the Agreement upon <br />failure of the Contractor to cure such default in the specified timeframe. <br /> <br />ARTICLE 32. CONTRACTOR'S RIGHT TO TERMINATE <br /> <br />32.1 Subject to the provisions of Section 32.2 below, the Contractor may terminate <br />this Agreement if the Work is stopped for any of the reasons listed below for a period of 60 <br />days through no act or fault of the Contractor, his agents, employees, or other persons <br />performing any portion of the Work for the Contractor, or for the reason listed in section 32.1.3 <br />below. <br />32.1.1 Issuance of an Order of the Court or other Public Authority having jurisdiction; <br />32.1.2 An act of government which results in a cession of Work on this Agreement; <br />32.1.3 Failure of the City to pay the Contractor any properly presented and authorized <br />payment within 30 days after approval and subsequent to an additional 30 days <br />after notification from the Contractor in writing of such failure. <br />32.2 Contractor shall provide written notice of its intent to terminate to the City and the City <br />shall have the right to cure the event giving rise to the right of termination within thirty (30) days <br />after receipt of Contractor's notice. The Contractor may extend the City's cure period at its sole <br />discretion or terminate the Agreement upon failure of the City to cure such event in the specified <br />timeframe. In such event the Contractor shall be entitled to recover from the City any costs for <br />work performed in accordance with the Agreement for which payment has not been made. <br />Contractor agrees that this is its exclusive remedy for the City's default or for the occurrence of <br />an event of termination and that the City shall not be liable to Contractor for any <br />consequential or special damages. <br /> <br />ARTICLE 33. UNDISCLOSED LOBBYIST OR AGENT - TERMINATION <br /> <br />Contractor warrants that it has not employed or retained any company or person to solicit or <br />secure this Agreement and that it has not paid or agreed to pay any person, company, <br />corporation, individual, or firm any fee, commission, percentage, gift, or other consideration <br />contingent upon or resulting from the award or making of this Agreement. The City or its <br />designee shall have the right to terminate this Agreement, without giving Contractor the <br />opportunity to Cure, in the event of a breach of this provision. <br /> <br />ARTICLE 34. PUBLIC ENTITY CRIMES <br /> <br />In accordance with the Public Entity Crimes Act, Section 287.133, Florida Statutes, a <br />person or affiliate who is a contractor, consultant or other provider, who has been placed on the <br />convicted vendor list following a conviction for a public entity crime may not submit a bid on a <br />contract to provide any goods or services to the City, may not submit a bid on a contract with the <br />City for the construction or repair of a public building or public work, may not submit bids on <br />leases of real property to the City, may not be awarded or perform work as a contractor, supplier, <br />subcontractor, or sub-consultant under a contract with the City, and may not transact any <br />business with the City in excess of certain amounts provided in Section 287.017, Florida <br /> <br />38 <br />
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