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j. The DEPARTMENT shall reimburse the CITY for eligible PROJECT costs as <br />defined in Exhibit `B", `Financial Summary', and in accordance with the <br />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 PROJECT <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 />m. The CITY agrees to comply with Section 20.055(5), F.S., and to incorporate in <br />all subcontracts the obligation to comply with Section 20.055(5), F.S. <br />n. In addition to the provisions under this Section 2, the CITY shall comply with <br />all terms and conditions under DEPARTMENT Permit No. 2016 C 691 18. In <br />the event of any conflict between this Agreement and the Permit, regarding <br />PROJECT construction matters, the provisions of the Permit shall prevail. <br />3. FINANCIAL PROVISIONS <br />a. The DEPARTMENT agrees to a maximum participation for actual eligible <br />costs in the PROJECT in the amount of TWO MILLION FIVE HUNDRED <br />FIVE THOUSAND FIVE HUNDRED AND SIXTY SIX DOLLARS <br />($2,505,566.00), as set forth in Exhibit `B" hereto (the DEPARTMENT's <br />"maximum limiting amount"). Any work performed prior to the Effective Date <br />shall not be eligible for reimbursement. The Effective Date shall be the date <br />upon which the Agreement is executed by the DEPARTMENT. <br />b. Additionally, eligible reimbursement costs of the contingency sum identified in <br />Exhibit `B" shall be limited to unforeseen work or material related to the Scope <br />of Services and deliverables identified in this Agreement, requires the prior <br />approval of the DEPARTMENT before such work is undertaken or the cost <br />incurred. If additional funding is required, contingent upon DEPARTMENT <br />approval, a supplemental agreement between the DEPARTMENT and the <br />CITY authorizing the additional funding shall be executed prior to such costs <br />being incurred. <br />Page 4 of 23 <br />Department Funded Agreement between the Florida Department of Transportation and the City <br />Financial Project Number # 430949-3-58-01 <br />