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FORM 725-690-2na
<br /> Rai!
<br /> 06C 03/03
<br /> Page 5 or 6
<br /> 22. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request
<br /> to the DEPARTMENT at all times during the period of this Agreement and for three years after final payment
<br /> is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon requesL
<br /> Records of costs incurred includes the Contractor's general accounting records and the project records, together
<br /> with supporting documents and records, of the Contractor and all subcontractors performing work on the
<br /> project, and all other records of the Contractor and subcontractors considered necessary by the DEPARTMENT
<br /> for a proper audit of costs.
<br /> 23 . In the event this contract is for services in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00)
<br /> and a term for a period of more than one year, the provisions of Section 339. 135(6)(x), Florida Statutes, are
<br /> hereby incorporated:
<br /> The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any
<br /> contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available
<br /> for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is
<br /> null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from
<br /> the Comptroller of the DEPARTMENT that such funds are available prior to entering in any such contract or
<br /> other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods
<br /> exceeding one year, but any contract so made shall be executory only for the value of the services to be
<br /> rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim
<br /> in all contracts of the DEPARTMENT which are for an amount in excess of TWENTY FIVE THOUSAND
<br /> DOLLARS ($25,000.00) and which have a term for a period of more than one year.
<br /> 24. In accordance with Section 287. 133 (2Xa), Florida Statutes, the following provisions are included in this
<br /> Agreement:
<br /> A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity
<br /> crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a
<br /> bid on a contract with a public entity for the construction or repair of a public building or public work, may not
<br /> submit bids on leases for real property to a public entity, may not be awarded or perform work as a contractor,
<br /> supplier;,subcontractor, or consultant wider a contract with any public entity, and may not transact business
<br /> with any public entity in excess of the threshold amount provided in x.287,017 for CATEGORY TWO for a
<br /> period of 36 months from the date of being placed on the convicted vendor list.
<br /> 25 . In accordance with Section 287.0582, Florida Statutes, the followntg provisions are included in this Agreement:
<br /> 'rho DEPARTMENT'S obligation to pay under this section is contingent upon an annual appropriation by the
<br /> Florida Legislature.
<br /> 26. The DEPARTMENT reserves the right to unilaterally cancel this Agreement for refusal by the contractor or
<br /> Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of
<br /> Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement.
<br /> 27. The parties acknowledge that there is a License Agreement in effect between the COMPANY and the
<br /> COUNTY dated February 2'2, 2006, which governs the COMPANY' S and COUNTY'S obligations at the
<br /> Grade Crossing (the "FEC/COUNTY Agreement"). Pursuant to paragraphs 7 and 8 of the FEC/COUNTY
<br /> Agreement, the parties are entering into this Railroad Reimbursement Agreement for the Department to pay for
<br /> specific installations at the Grade Crossing, including but not limited to a concrete grade crossing surface, grade
<br /> crossing warning devices and related materials (the "Installations"). It is understood and agreed that upon
<br /> completion of the Installations and payment therefore, the Department's obligations will terminate. It is further
<br /> understood and agreed that upon completion the installations and the Grade Crossing shall be considered as part
<br /> of the "Crossing Site", "Surtiace" and "Warning Devices," as the case may be, for all purposes under the
<br /> FEC/COUNTY Agreement, including but not limited to maintenance, use and removal purposes.
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