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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 ( 1 ) 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 . 14 . The DEPARTMENT ' S District Secretary shall decide all questions , difficulties and disputes of any nature whatsoever that may arise under or by reason of this Agreement , the prosecution or fulfillment of the service hereunder and the character, quality , amount and value thereof; and his decision upon all claims , questions and disputes shall be final and conclusive upon the parties hereto . 15 . This Agreement may not be assigned or transferred by the AGENCY in whole or part without the consent of the DEPARTMENT . 16 . This Agreement shall be governed by and construed in accordance with the laws of the State of Florida . In the event of a conflict between any portion of the contract and Florida law , the laws of Florida shall prevail . The AGENCY agrees to waive forum and venue and that the DEPARTMENT shall determine the forum and venue in which any dispute under this agreement is decided . 17 . NOTICES Any and all notices given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledgement or sent by certified mail , return receipt requested . All notices shall be sent to the following addresses : If to the DEPARTMENT : If to the AGENCY : State of Florida Department of Transportation Indian River County 3400 West Commercial Blvd . 1801 27`" Street Ft . Lauderdale , FL 33309-3421 Vero Beach , Florida 32960 Attention : Elisabeth A . Hassett , R . L . A. Attention : Christopher Mora FDOT District IV Landscape Architect Title : Public Works Director 18 . LIST OF EXHIBITS Exhibit A: Roadway Project Location and Landscape Improvements Location & Maintenance Boundaries Exhibit B : Landscape Improvements Plans Exhibit C : Maintenance Plan for Landscape Improvements Exhibit D : Approximate Cost for Landscape Improvements Page 7 of 18