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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010.22 <br />ATTACHMENT 1 TRAFFIC <br />OPERATIONS <br />REVISED TERMS AND CONDITIONS FOR THE 06116 <br />TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT Page 6 of 6 <br />later date by audit or investigation. Within thirty (30) days of the termination of this Agreement, the Maintaining Agency shall <br />refund to the Department any balance of unobligated funds which were advanced or paid to the Maintaining Agency. In the event <br />the Maintaining Agency fails to perform or honor the requirements and provisions this Agreement, the Maintaining Agency shall <br />return funds in accordance with this paragraph within thirty (30) days of termination of the Agreement. <br />40. Upon execution, this Agreement cancels and supersedes any and all prior Traffic Signal Maintenance Agreement(s) between <br />the parties, except any specific separate Agreements covering painted mast arm maintenance or any other aspect related to the <br />painting of mast arms. <br />41. The Department reserves the right to remove select critical corridors or critical intersections from the Maintaining Agency's <br />obligation under this Agreement. The remaining intersections and corridors would continue to be covered under this Agreement. <br />The Department will provide a minimum of one year notice prior to take-over of maintenance of critical corridors or critical <br />intersections. <br />42. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which <br />shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a <br />party will be legal and binding on such party. <br />43. The Department agrees that the Maintaining Agency must comply with State law regarding appropriations and budgets. This <br />Agreement shall not be interpreted to conflict with State law applicable to the Maintaining Agency. <br />44. The Maintaining Agency shall, <br />a. utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new <br />employees hired by the Maintaining Agency during the term of the Agreement; and <br />b. expressly require any contractors and subcontractors performing work or providing services pursuant to the Agreement <br />to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all <br />new employees hired by the subcontractor during the Agreement term. <br />45. Unless authorized by law and agreed to in writing by the Department, the Department will not be liable to pay attorney fees, <br />interest, or cost of collection. <br />46. The Parties agree to comply with s.20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply <br />with s.20.055(5), Florida Statutes. <br />47. Exhibits A, B, and C are attached and incorporated into this Agreement. <br />48. This Agreement contains all the terms and conditions agreed upon by the parties. <br />