Authority to Act Architect/Engineer warrants, represents, and agrees that (1) it is a duly organized and validly existing legal entity in good standing under the laws of the state of its incorporation or organization; (2) it is duly authorized and in good standing to conduct business in the State of Texas; (3) it has all necessary power and has received all necessary approvals to execute and deliver this Agreement; and (4) the individual executing this Agreement on behalf of Architect/Engineer has been duly authorized to act for and bind Architect/Engineer.
Legal Action If you are dissatisfied with the determination of your claim, and have complied with applicable state and federal law, you are entitled to seek judicial review. This review will take place in an appropriate court of law. Under state law, you may not begin court proceedings prior to the expiration of sixty (60) days after the date you filed your claim. In no event may legal action be taken against us later than three (3) years from the date you were required to file the claim. For members covered by a group (employer sponsored) health plan, your plan may be subject to the Employee Retirement Income Security Act of 1974 (ERISA), as amended. Under federal law, if your plan is subject to ERISA you may have the right to bring legal action under section 502(a) of ERISA after you have exhausted all appeals available under the plan. That means, for both medical and administrative appeals, federal law requires that you pursue a final decision from the plan, prior to filing suit under section 502(a) of ERISA. For a medical appeal, that final decision is the determination of the appeal. You are not required to submit your claim to external review prior to filing a suit under section 502(a) of ERISA. Consult your employer to determine whether this applies to you and what your rights and obligations may be. If you are dissatisfied with the decision on your claim, and have complied with applicable state and federal law, you are entitled to seek judicial review. This review will take place in an appropriate court of law.
RECOMMENDED ACTION It is respectfully requested that the Procurement Committee recommend to the Aviation Authority Board approval of an Amendment to Addendum 47 to the Continuing Environmental Engineering Consulting Services with Terracon Consultants Inc. for the services contained herein and the amount as shown below: Not-to-Exceed Fees $22,696.00 Lump Sum Fees $0.00 Not-to-Exceed Expenses $7,860.00 TOTAL $30,556.00 AAC – Compliance Review Date 3/14/23 AAC – Funding Eligibility Review Date 3/15/23 ATTACHMENTS Attachment A: Finance Form Attachment B: OSBD Memo ATTACHMENT A FINANCE FORM Date: Requestor’s Name: Preparer’s Name: Requestor’s Department: Description: Vendor: March 13, 2023 Xxx Xxxxxxxxxx Xxx Xxxxxxxxxx Planning Amd. Add. 47 - Additional FY23 Industrial User Discharge Permit Terracon Consultants, Inc. Requestor’s Extension: Preparer’s Extension: Solicitation #: Contract # / Name: Procurement Committee Date: Agenda Item #: 3463 3463 Terracon Consultants Inc. March 28,2023 NON-PROJECT FUNDS: O&M Account Code Format: xxx.xxx.xxx.xxxxxxx.xxx.xxxxxx FY 23 Amount FY24 Amount FY25 Amount FY26 Amount FY27 Amount TOTAL CONTRACT 301.712.170.5310010.000.000000 $30,556.00 Total Requisition: $30,556.00 Requisition Number: 93785 Funding Approver: 03/15/23 OMB Notes: 0000 Xxx Xxxx Winter Park, FL 32789 P (000) 000-0000 F (000) 000-0000 Xxxxxxxx.xxx March 8, 2023 Greater Orlando Aviation Authority 0000 Xxxxx Xxxx Orlando, Florida 32827 Attention: Xx. Xxx Xxxxxxxxxx Telephone: 000-000-0000 E-mail: XXxxxxxxxxx@xxxx.xxx Re: Proposal for 2023 Industrial User Discharge Compliance Monitoring Activities Orlando International Airport Lift Stations Orlando, Orange County, Florida Terracon Proposal No. XX0000000 Dear Xx. Xxxxxxxxxx: As per your request, the following is Terracon’s scope of services and associated costs for activities related to the continuation of compliance sampling, analyses and reporting activities at four (4) lift stations at the Orlando International Airport through September 30, 2023. This proposal outlines the project and presents the costs to perform the below described scope of services. The compliance monitoring activities are required pursuant to the Greater Orlando Aviation Authority’s (GOAA) Industrial User Discharge Permit (IUDP) No. CO106TA issued by the City of Orlando (City).
Action Action" means any demand, action, suit, countersuit, arbitration, inquiry, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunal.
Actions Each Lender hereby appoints National City as its Agent under and for purposes of this Agreement, the Notes and each other Loan Document. Each Lender authorizes the Agent to act on behalf of such Lender under this Agreement, the Notes and each other Loan Document and, in the absence of other written instructions from the Required Lenders received from time to time by the Agent (with respect to which the Agent agrees that it will comply, except as otherwise provided in this Section or as otherwise advised by counsel), to exercise such powers hereunder and thereunder as are specifically delegated to or required of the Agent by the terms hereof and thereof, together with such powers as may be reasonably incidental thereto. Each Lender hereby indemnifies (which indemnity shall survive any termination of this Agreement) the Agent, pro rata according to such Lender’s Percentage, from and against any and all liabilities, obligations, losses, damages, claims, costs or expenses of any kind or nature whatsoever which may at any time be imposed on, incurred by, or asserted against, the Agent in any way relating to or arising out of this Agreement, the Notes and any other Loan Document, including reasonable attorneys’ fees, and as to which the Agent is not reimbursed by the Borrower; provided, however, that no Lender shall be liable for the payment of any portion of such liabilities, obligations, losses, damages, claims, costs or expenses which are determined by a court of competent jurisdiction in a final proceeding to have resulted solely from the Agent’s gross negligence or willful misconduct. The Agent shall not be required to take any action hereunder, under the Notes or under any other Loan Document, or to prosecute or defend any suit in respect of this Agreement, the Notes or any other Loan Document, unless it is indemnified hereunder to its satisfaction. If any indemnity in favor of the Agent shall be or become, in the Agent’s determination, inadequate, the Agent may call for additional indemnification from the Lenders and cease to do the acts indemnified against hereunder until such additional indemnity is given.
Alternative to Litigation 13.2.1 The Parties desire to resolve disputes arising out of this Agreement without litigation. Accordingly, the Parties agree to use the following Dispute Resolution procedures with respect to any controversy or claim arising out of or relating to this Agreement or its breach.
Administrative Proceedings With a view to administering in a consistent, impartial, and reasonable manner all measures of general application affecting matters covered by this Agreement, each Party shall ensure that in its administrative proceedings applying measures referred to in Article 73 to particular persons or goods of the other Party in specific cases that:
No Litigation No suit, action, arbitration, or legal, administrative, or other proceeding or governmental investigation is pending or, to Contractor’s knowledge, threatened against or affecting Contractor or Contractor’s business, financial condition, or ability to perform this Agreement, except any suit, action, arbitration, proceeding, or investigation that individually or in the aggregate with others will not or would not have a material adverse affect on Contractor’s business, the validity or enforceability of this Agreement, or Contractor’s ability to perform this Agreement.
