10-2128 Memo of Agreement Contract No. APT00 with FDOT

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4. If, at any time while the terms of this Agreement are in effect, it shall come to the attention of the DEPARTMENT's District Director of Transportation Operations, District 5, that the CITY'S responsibility as established herein or a part thereof is not being properly accomplished pursuant to the terms of this Agreement, said Director of Transportation Operations, District 5, may, at his option, issue a written notice in care of the Public Works Director to place said CITY on notice thereof. Thereafter the CITY shall have a period of (30) thirty calendar days within which to correct the cited deficiency or deficiencies. If said deficiency or deficiencies are not corrected within this time period the DEPARTMENT may at its option, proceed as follows: (A) Maintain the roadway shoulders, median strip or roadside area declared deficient with the DEPARTMENT or a Contractor's material, equipment and personnel. The actual cost for such work will be deducted from payment to the CITY or (B) Terminate this Agreement in accordance with Paragraph 11 of this Agreement. 5. During the term of this Agreement, the DEPARTMENT may from time to time engage in transportation projects on the roads covered by this agreement. Some of those projects may involve the DEPARTMENT's construction contractor temporarily assuming maintenance responsibility for the limits of the project. In that event, the Department will notify the Local Government of the limits of the project and the time frame for the project. During that time and for those limits, the Local Government will be released from its obligation to perform maintenance on those roads and the compensation to be paid under this agreement will be temporarily reduced. The reduction in compensation shall be based on the formula used to initially compute the amount of compensation under this agreement and the Local Government will be notified of the amount of the reduction as part of the above -referenced notice. 6. The Department agrees to pay to the CITY, following a Notice to Proceed, compensation for the cost of maintenance as described under Item 1 of this Agreement. The CITY OF CASSELBERRY FIN NO.: 244549-1-78-01 CONTRACT NO.: APT00 Page 3 of 71