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<br />li54.
<br />1.
<br />13. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation
<br />by the Legislature. In the event this Agreement is in excess of $25,000 and has a toms for a period of more than one year, the
<br />provisions of Section 339.135(6)(a), Florida Statutes, are hereby Incorporated:
<br />(a) The Department, during any fiscal year, shall not expand money, incur any liability, or enter Into any contract
<br />which, by its terms, involves the expendil:m of money In exceas of the amounts budgeted as available for
<br />expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection shall
<br />be null and void, and no money may be paid on such contract. The Department shall require a statement
<br />from the Comptroller of the Depadment that funds are available prior to entering Into any such contract or
<br />other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for
<br />periods exceeding one year, but any contract so made shall be executory only for the value of the services
<br />to be rendered or agreed to be paid for In succeeding fiscal years, and this paragraph shall be incorporated
<br />verbatim In all contracts of the Department which are for an amount in excess of $25,000 and which have a
<br />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 ilia option of (a) notifying the Maintaining Agency of the deficiency with a
<br />requirement that it be corrected within a specified time, othonvise the Department shall deduct payment for any deficient traffic signal(s)
<br />maintenance not corrected at rhe end of such time, or (b) take whatever action Is deemed appropriate by the Department. Any
<br />suspension or termination of funds does not raliove any obligation of the Maintaining Agency under rhe terms and conditions of this
<br />Agreement.
<br />15, The Maintaining Agency may enter into agreements with other parties pertaining to traffic signals and signal systems
<br />Including, but not limited to, agreements relating to costs and expenses incurred in connection with the operation of traffic signals and
<br />signal systems on the State Highway System, provided that such Agreements are consistent with the mutual covenants contained in
<br />this 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 />17. The Maintaining Agency shall allow public access to ail documents, papers, letters, or other material subject to provisions
<br />of 119, Florida Statutes, and made or received by ilia 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. The Maintaining Agency, to the extent allowed by Section 760,28, Florida Statutes, shall indemnify, defend, save and field
<br />harmless, the State, the Department, any Jami pole owner and all of their officers, agents and employees from all suits, actions, claims,
<br />demands, and liabilities of any nature whatsoever arising out of, because of, or duo to broach of, this Agreement by the Maintaining
<br />Agency, its subcontractors, agents or employeos or due to any act or occurrence of omission or commission of the Maintaining Agency.
<br />Its subcontractors, agents or employees. The parties agree that this paragraph shall not waive sovereign immunity of the State of
<br />Florida, nor waive the benefits or provisions of Section 768:28, Florida Statutes, or any similar provision of law.
<br />19. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The invalidity or
<br />unonforceability of any portion of this Agreement shag 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 taw or in equity.
<br />20. This Agreement shall remain in force during the lire of the original installed equipment andior the life of any replacement
<br />equipment Installed with the mutual consent of the parties hereto.
<br />21. Upon execution, this Agreement cancels and supersedes any and all prior Traffic Signal Maintenance Agreemont(s)
<br />between the parties.
<br />22. This Agreement contains all the terms and conditions agreed upon by Vie parties.
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