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or enter into any contract which, by its terms, involves the expenditure of money in
<br /> excess of the amounts budgeted as available for expenditure during such fiscal year.
<br /> Any contract, verbal or written, made in violation of this subsection is null and void, and
<br /> no money may be paid on such contract. The DEPARTMENT shall require a statement
<br /> from the Comptroller of the DEPARTMENT that funds are available prior to entering
<br /> into any such contract or other binding commitment of funds. Nothing herein contained
<br /> shall prevent the making of contracts for periods exceeding one year, but any contract so
<br /> made shall be executory only for the value of the services to be rendered or agreed to be
<br /> paid for in succeeding fiscal years. Accordingly, the State of Florida's performance and
<br /> obligation to pay under this Contract is contingent upon an annual appropriation by the
<br /> Legislature.
<br /> 4 . ROADWAY LEVEL OF SERVICE
<br /> A) Fla. Stat. § 163.3180 requires that facilities funded through the Transportation Regional
<br /> Incentive Program adopt the level of service standards established by the
<br /> DEPARTMENT for the PROJECT limits.
<br /> B) The logical termini for the level of service purposes are 27th Avenue to Old Dixie
<br /> Highway.
<br /> C) The COUNTY agrees that once the additional capacity from the PROJECT is available
<br /> for purposes of concurrency under Fla. Stat. §163.3180, it will officially adopt the
<br /> DEPARTMENT'S level of service for the segment of Oslo Road between the logical
<br /> termini specified in (B), above. This will be accomplished through an update to the
<br /> comprehensive plan within one year of the completion of the PROJECT.
<br /> 5. INDEMNITY AND INSURANCE
<br /> A) INDEMNITY
<br /> i) To the extent allowed by law, the COUNTY shall indemnify, defend, and hold
<br /> harmless the DEPARTMENT and all of its officers, agents, and employees from any
<br /> claim , loss, damages, cost, charge, or expense arising out of any act, error, omission,
<br /> or negligent act by the COUNTY, its agents, employees, consultants, contractors,
<br /> and/or subcontractors, during the performance of the Agreement, except that neither
<br /> the COUNTY, its agents, or its employees will be liable under this paragraph for any
<br /> claim , loss, damages, cost, charge, or expense arising out of any act, error, omission,
<br /> or negligent act by the DEPARTMENT, or any of its officers, agents, or employees,
<br /> during the performance of the Agreement.
<br /> ii) When either party receives notice of claim for damages that may have been caused by
<br /> the other party in the performance of services required under this Agreement, that
<br /> party will immediately forward the claim to the other party. Each party will evaluate
<br /> the claim, and report its findings to each other within fourteen ( 14) working days and
<br /> jointly discuss options in defending the claim . A party' s failure to promptly notify
<br /> the other of a claim will not act as a waiver or any right herein.
<br /> iii) The COUNTY agrees to include the following indemnification in all contracts with
<br /> contractors/subcontractors, consultants/subconsultants, who perform work in
<br /> connection with this Agreement:
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