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I ) 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 funds are available prior to entering into 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 . 5 . ROADWAY LEVEL OF SERVICE A) Fla . Stat. § 163 . 3180 requires that facilities funded through the Transportation Regional Incentive Program adopt the level of service standards established by the DEPARTMENT for the PROJECT limits . B ) The logical termini for level of service purposes are 66`h Avenue from SR- 60 to 41 S` Street . C ) The COUNTY agrees that once the additional capacity from the PROJECT is available for purposes of concurrency under Fla . Stat . § 163 . 3180 , it will officially adopt the DEPARTMENT ' S level of service for the segment of 66`h Avenue between the logical termini specified in ( B) , above . This will be accomplished through an update to the comprehensive plan within one year. 6 . INDEMNITY AND INSURANCE A ) INDEMNITY i) With respect to any of the COUNTY ' S agents , consultants , subconsultants , contractors , and/or sub -contractors , such party in any contract for this Project shall agree to indemnify , defend , save and hold harmless the DEPARTMENT from all claims , demands , liabilities , and suits of any nature arising out of, because of or due to any intentional and/or negligent act or occurrence , omission or commission of such agents , consultants , subconsultants , contractors and/or subcontractors . The COUNTY shall provide to the DEPARTMENT written evidence of the foregoing upon the request of the DEPARTMENT . It is specifically understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its own negligence . ii ) When either party receives notice of claim for damages that may have been caused by the other party in the performance of services required under this Agreement, that Page 6