Fort Walton Beach Resolution — 00-04-Highway Beauty Grant-Mary Esther Cutoff — reading text

and remove, by Department or any shruhs installed under this Agreeaeot the ground cover And for the ~ to ~ ttrt areas and charge as preceding agreement except the reasarable cost of such reggval.  o 0 the landscaping 3. is understood between the parties hereto that It or adjusted at any time in covered by this Agreement may be removed, relocated the Department in order that the the future as determined to be necessary by altered or otherwise changed to llleet with adjacent state road be widened, The t1tx shall be given sixty future criteria or planning of the Departlllent. which time the 60) calendar notice to remove said landscapina after days remove said landscanina. Department may of ~ 58. 140. 75 4. The Department agrees to pay to the t1tx the total sum defined in Attachment . C., whichever is or 50\ of the total project cost as for those costs less. SUbject to this limit; the Department will pay only which are allowed by Section 339. 2405( 11) Florida Statutes: and installation) a) sprinkler/ irrigation system ( purchase amendments b) Plant materials and fertilizers/ soil o Equipment and labor in the project cost, as described in At- Department' s participation The is limited to only those it.- which are directly related to tachment . C., to the effective date of this costs incurred prior Project this project. s partici- conaidered in determining the Department' will not be Agreement of acceptance The payment shall not be made until ( 1) certification pation. bas is received from the~, ( 2) the Bigh_ y Beautification CO\IDCil of the project, and ( 3) a Department iupected or waived ita inspection rights final Landscape Architect or his designee bas approved the project for A ninety ( 90) day grow- in period will be required after project payment. the council may be completion. Certification of acceptance and inspection by upon receipt of certification requested sixty ( 60) after project completion. submit invoice for final of and inspection approval, the t1tx may acceptance payment. of goods and a) Payment shall be made only after receipt and approval Florida in Section 215. 42, Statutes. as provided services with Section for delay in payment shall be in accordance b) Any penalty Florida Statutes. 215. 442( 2) ( b), or expenses shall o Bills or other compensation for services for fees detail sufficient for proper pre- audit and post- be submitted in audit thereof, and that bills for travel expenses specifically and paid in accor- authorized by this Agreement shall be submitted dance with the rates in Section 112. 061, Florida Statutes. specified shall be d) Records of incurred under terms of this Agreement costs maintained and made available upon request to the Department at all of this Agreement and for three years after times during the period records shall final payment is made. Copies of these documents and request. Records of costs in- be furnished to the Department upon with curred include the ~ general accounting records, together documents and records, of the t1tx and all subcontractors supporting the t1tx and work, and all other records of performing for proper subcontractors considered necessary by the Department audit of costs. under the terms of received e) The t1tx agrees to return all monies should the landscaped area this Grant Agreement to the Department, to be maintained in accordance with the Maintenance Agreement. fail terminated under anyone of the following 5. This Agreement may be conditions: its duties under a) By Department, if the t1tx fails the perform to written notice. . paragraph 2, following ten ( 10) days access to refusal by the t1tx to allow public b) By the Department, for letters, or o~material subject to the er all documents, papers, of Chapter 119, Florida Statutes and made or received by provisions the t1tx in conjunction with this agreement. 60) calendar days written notice. By either party following sixty ( o thirty ( 30) calendar days following the complete d) By both parties, to terminate this agree- execution by both parties, of an agreement ment.