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750-010-22 <br />TRAFFIC OPERATIONS <br />07/09 <br />Page 3 of 6 <br />(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its <br />terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such <br />fiscal year. Any contract, verbal or written, made in violation of this subsection shall be null and void, and no money may <br />be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds <br />are available prior to entering 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 made shall be executory only <br />for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall <br />be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have <br />a term for a period of more than one year. <br />14. The Maintaining Agency may be subject to inspections of traffic signals and traffic signal systems by the Department_ Such <br />findings will be shared with the Maintaining Agency and shall be the basis of all decisions regarding payment reduction, reworking, <br />Agreement termination, or renewal. If at any time the Maintaining Agency has not performed the maintenance responsibility on the <br />locations specified in the Exhibit A, the Department shall have the option of (a) notifying the Maintaining Agency of the deficiency with a <br />requirement that it be corrected within a specified time, otherwise the Department shall deduct payment for any deficient traffic signal(s) <br />or intersection control beacon(s) maintenance not corrected at the end of such time, or (b) take whatever action is deemed appropriate <br />by the Department. Any suspension or termination of funds does not relieve any obligation of the Maintaining Agency under the terms <br />and conditions of this Agreement. <br />15. The Maintaining Agency may enter into agreements with other parties pertaining to traffic signals and signal systems including, <br />but not limited to, agreements relating to costs and expenses incurred in connection with the operation of traffic signals and signal <br />systems on the State Highway System, provided that such Agreements are consistent with the mutual covenants contained in this <br />Agreement. The Maintaining Agency shall furnish a copy of such agreements to the Department. <br />16. This Agreement may not be assigned or transferred by the Maintaining Agency in whole or in part without consent of the <br />Department. <br />17. The Maintaining Agency shall allow public access to all documents, papers, letters, or other material subject to provisions of <br />Chapter 119, Florida Statutes, and made or received by the Maintaining Agency in conjunction with this Agreement. Failure by the <br />Maintaining Agency to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the <br />Department. <br />18. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The invalidity or <br />unenforceability of any portion of this Agreement shall not affect the remaining provisions and portions hereof. Any failure to enforce or <br />election on the part of the Department to not enforce any provision of this Agreement shall not constitute a waiver of any rights of the <br />Department to enforce its remedies hereunder or at law or in equity. <br />19. This Agreement shall remain in force during the life of the original installed equipment and/or the life of any replacement <br />equipment installed with the mutual consent of the parties hereto. <br />20. Upon execution, this Agreement cancels and supersedes any and all prior Traffic Signal Maintenance Agreement(s) between <br />the parties. <br />21. This Agreement contains all the terms and conditions agreed upon by the parties. <br />,,•.'•': "/moo <br />�f <br />IN WITNESS.WH€REO+...".e parties hLnve caused these presents to be executed, the day and year <br />Indian. Ri 'ver I ountya -�: , Florida STATE O FLORI A DEPAR <br />4airitng :4g t F=L4 <br />_ <br />By. Y= <br />(Authorizes' ' Mature) B ( th <br />Print/Type NamE �'., ,Y�'2ster"_D,� 0Bryan PrinVeNe: .TAVnCJP <br />Title: rr, ,Chalp rrman Title <br />Attest: Attest: u <br />(Seal if Applicable) <br />644 -U - lV <br />Date <br />4 <br />ATION <br />