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23. It is understood and agreed by the parties hereto that participation by the DEPARTMENT in a Project with the PARTICIPANT, where said Project involves a consultant contract for engineering, architecture or surveying services, is contingent on the PARTICIPANT complying in full with provisions of Section 287.055, Florida Statutes, Consultant's Competitive Negotiation Act. The PARTICIPANT will involve the DEPARTMENT in the Consultant Selection Process for this Project. The PARTICIPANT must certify that any consultant utilized for the Project has been selected in accordance with the Consultant's Competitive Negotiation Act. 24. The PARTICIPANT agrees that the Project facilities and equipment will be used by the PARTICIPANT to provide and/or support enhancements to the operation of the computerized traffic signal system for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the DEPARTMENT. The PARTICIPANT further agrees to maintain the Project facilities and equipment in good working order for the useful life of said facilities or equipment. This paragraph shall survive the termination of this Agreement and may be enforced by the DEPARTMENT. 25. The PARTICIPANT agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the PARTICIPANT, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. 26. In the event it becomes necessary for the DEPARTMENT or PARTICIPANT to institute suit for the enforcement of the provisions of this Agreement, each party shall be responsible to pay their own attorney fees and court costs. Venue with respect to any such litigation shall be in Broward County. 27. This Agreement and any interest herein shall not be assigned, transferred or otherwise encumbered by the PARTICIPANT under any circumstances without the prior written consent of the DEPARTMENT. However, this Agreement shall run to the DEPARTMENT and its successors. 28. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Department of Financial Services under Section Page 6 262