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2020-084 Ordinance
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2020-084 Ordinance
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8/19/2020 4:19:29 PM
Creation date
8/19/2020 4:11:43 PM
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North Olmsted Legislation
Legislation Number
2020-084
Legislation Date
8/18/2020
Year
2020
Legislation Title
ODOT Brookpark Road Agreement
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Congress, officer or employee of Congress, or an employee of a member of Congress in connection <br />with obtaining any Federal contract, grant or any other award covered by 31 U.S. C. 1352. Each <br />tier shall comply with Federal statutory provisions or the extent applicable prohibiting the use of <br />Federal assistance funds for activities designed to influence congress to a State legislature on <br />legislation or appropriations, except through proper official channels. Each tier shall also disclose <br />the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying <br />contacts on its behalf with non -Federal funds with respect to that Federal contract, grant or award <br />covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. <br />15.9 Debarment. LPA represents and warrants that it is not debarred from consideration for contract <br />awards by the Director of the Department of Administrative Services, pursuant to either R.C. 153.02 <br />or R.C. 125.25 or by the Federal Government pursuant to 2 CFR Part 1200 and 2 CFR Part 180. <br />15.10 Governing Law: This Agreement and any claims arising out of this Agreement shall be governed <br />by the laws of the State of Ohio. Any provision of this Agreement prohibited by the laws of Ohio <br />shall be deemed void and of no effect. Any litigation arising out of or relating in any way to this <br />Agreement or the performance thereunder shall be brought only in the courts of Ohio, and the LPA <br />hereby irrevocably consents to such jurisdiction. To the extent that ODOT is a party to any litigation <br />arising out of or relating in any way to this Agreement or the performance thereunder, such an <br />action shall be brought only in a court of competent jurisdiction in Franklin County, Ohio. <br />15.11 Assignment: Neither this Agreement nor any rights, duties, or obligations described herein shall <br />be assigned by either party hereto without the prior express written consent of the other party. <br />15.12 Merger and Modification: This Agreement and its attachments constitute the entire Agreement <br />between the parties. All prior discussions and understandings between the parties are superseded <br />by this Agreement. Unless otherwise noted herein, this Agreement shall not be altered, modified, <br />or amended except by a written agreement signed by both parties hereto. <br />15.13 Severability: If any provision of this Agreement is held to be invalid or unenforceable by a court of <br />competent jurisdiction, such holding shall not affect the validity or the ability to enforce the <br />remainder of this Agreement. All provisions of this Agreement shall be deemed severable. <br />15.14 Signatures: Any person executing this Agreement in a representative capacity hereby represents <br />that he/she has been duly authorized by his/her principal to execute this Agreement on such <br />principal's behalf. <br />15.15 Facsimile Signatures: Any party hereto may deliver a copy of its counterpart signature page to this <br />Agreement via fax or e-mail. Each party hereto shall be entitled to rely upon afacsimile or electronic <br />signature on any other party delivered in such a manner as if such signature were an original. <br />The parties hereto have caused this Agreement to be duly executed as of the day and year last written <br />below. <br />Page 25 of 27 <br />Revision Date 3/26/2020 <br />STATE OF OHIO <br />OHIO DEPARTMENT OF <br />LPA: CITY OF NORTH OLMSTED <br />TRANSPORTATION <br />B: <br />B: <br />Kevin M. Kennedy <br />Mayor <br />Jack Marchbanks <br />Director <br />Date: <br />Date: <br />Page 25 of 27 <br />Revision Date 3/26/2020 <br />
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