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75D-010-22 TRAFFIC OPERATIONS 05/02 -3- 13.The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. In the event this Agreement is in excess of$25,000 and has a term for a period of more than one year,the provisions of Section 339.135(6)(a), Florida Statutes,are hereby incorporated: (a) 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 shall be 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,and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of$25,000 and which have a term for a period of more than one year. 14.The Maintaining Agency may be subject to inspections of traffic signals and traffic signal systems by the Department.Such findings will be shared with the Maintaining Agency and shall be the basis of all decisions regarding payment reduction, reworking, Agreement termination,or renewal. if at any time the Maintaining Agency has not performed the maintenance responsibility on the locations specified in the Exhibit A,the Department shall have the option of(a)notifying the Maintaining Agency of the deficiency with a requirement that it be corrected within a specified time,otherwise the Department shall deduct payment for any deficient traffic signal(s) maintenance not corrected at the end of such time,or(b)take whatever action Is deemed appropriate by the Department.Any suspension or termination of funds does not relieve any obligation of the Maintaining Agency under the terms and conditions of this Agreement. 15.The Maintaining Agency may enter into agreements with other parties pertaining to traffic signals and signal systems including,but not limited to,agreements relating to costs and expenses incurred in connection with the operation of traffic signals and signal systems on the State Highway System, provided that such Agreements are consistent with the mutual covenants contained in this Agreement.The Maintaining Agency shall furnish a copy of such agreements to the Department. 16.This Agreement may not be assigned or transferred by the Maintaining Agency in whole or in part without the written consent of the Department. 17.The Maintaining Agency shall allow public access to all documents,papers, letters,or other material subject to provisions of 119, Florida Statutes,and made or received by the Maintaining Agency in conjunction with this Agreement. Failure by the Maintaining Agency to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department. 18.This Agreement shall be governed by and construed In accordance with the laws of the State of Florida.The invalidity or unenforceability of any portion of this Agreement shall not affect the remaining provisions and portions hereof.Any failure to enforce or 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 Department to enforce its remedies hereunder or at law or in equity. 19.This Agreement shall remain in force during the life of the original installed equipment and/or the life of any replacement equipment installed with the mutual consent of the parties hereto. 20. Upon execution,this Agreement cancels and supersedes any and all prior Traffic Signal Maintenance Agreement(s) between the parties. 21.This Agreement contains all the terms and conditions agreed upon by the parties.