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i . FORM 725-090-238 Rail OOC 03103 Page 3 of 6 22. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request! Records of costs incurred includes the Contractor's general accounting records and the project records, together with supporting documents and records, of the Contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. 23 . In the event this contract is for services in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and a term for a period of more than one year, the provisions of Section 339. 135(6)(a), Florida Statutes, are hereby incorporated: The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that such funds are available prior to entering in any such contract or other binding, commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are for an amount in excess of TWENTY :FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than one year. 24. In accordance with Section 287. 133 (2)(a), Florida Statutes, the following provisions are included in this Agreement A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity cringe may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a publ_icy building or public work, may not submit bids on leases for real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s.287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 25 . In accordance with Section 287.0582, Florida Statutes, the following provisions are included in this Agreement: The DEP'ARTMENT'S obligation to pay under this section is contingent upon an annual appropriation by the Florida Legislature. 26. The DEPARTMENT reserves the right to unilaterally cancel this Agement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 11. 9, Florida Statutes, and .trade or received in conjunction with this Agreement. 27. The parties acknowledge that there is a License Agreement in effect between the COMPANY" and the COUNTY dated February 22, 2006, which governs the COMPANY ' S and COUNTY' S obligations at the Grade Crossing (the "FEC/COUNTY Agreement"). Pursuant to paragraphs 7 and 8 of the FEC/COUNTY Agreement, the parties are entering into this Railroad :Reimbursement Agreement for the Department to pay for specific installation at the Grade Crossing, including but not limited to a concrete grade crossing surface, grade crossing warning devices and related materials (the "Installations"). It is understood and agreed that upon completion of the Installations and payment therefore, the Department' s obligations will terminate. It is further understood and agreed that upon completion the installations and. the Grade Crossing shall be considered as part of the "Crossing Site", "Surface" and "Warning Devices," as the case may be, for all purposes under the FEC/COUNTY Agreement, including but not limited to maintenance, use and removal purposes.