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i <br />rouw r..smu(A <br />PU HIC zRAN5P ADNUN <br />Yaffe o o! 12 <br />The parties recognize and accept the funding restrictions set Barth in Section 339.135(6)(x), and Section 129.07, Florida <br />Statutes, which may affect each of the parties' obligations. Those provisions are as follows: <br />(a) The Department during any fiscal year shall not expend [Honey, incur any liability, or enter into any contract which, <br />by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during <br />such fiscal year. Any contract, verbal or written, made in viol`ition of this subsection is null and void, and no money <br />may be paid on such contract. The Department shall require a statement from the Comptroller of the. Department that <br />funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein <br />contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be <br />executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Section <br />339.135(6)(a), Florida Statutes. <br />(b) it is unlawful for the Board of County Commissioners to expend or contract for the expenditure in any fiscal year <br />more than the amount budgeted in each fund's budget, except as provided herein, and in no case shall the total <br />appropriations of any budget be exceeded, except as provided in s, 129.06, and any indebtedness contracted for any <br />purpose against either of the funds enumerated in this chapter or for any purpose, the expenditure for which is <br />chargeable to either of said funds, shall be null and void, and no suit or suits shall be prosecuted in any court in this <br />state for the collection of same, and members of die Board of County Commissioners voting for and contracting for <br />such amounts and the bonds of such members of said boards also shall be liable for the excess indebtedness so <br />contracted for. Section 129.07, Florida Statutes. <br />When either party receives a notice of claim for damages that may have been caused by the other party in the <br />performance of services required under this Agreement, that party will immediately forward the claim to the other party. Each <br />party will evaluate the claim and report its findings to each other within fourteen (14) working days and will jointly discuss <br />options in defending the claim. <br />15.00 Plans and Spec9fcutiony: In the event that this Agreement involves the purchasing of capital equipment or the <br />constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and <br />specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written <br />approval with any approved portions of the project and comments or recommendations concerning any remainder of the project <br />deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the <br />Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval <br />shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. <br />16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final <br />invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, <br />that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. <br />17.00 Appropriation of Funds: <br />17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual <br />appropriation by the Legislature. <br />17.20 Multi-year Corntltilrttent: In the event this Agreement is in excess of $25,000 and has a term for a period of <br />more than one year, the provisions of Chapter 339.135(6)(x), Florida Statutes, are hereby incorporated: "(a) The Department, <br />during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the <br />expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, <br />verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The <br />Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any <br />such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of c^ntracts for periods- <br />exceeding <br />eriodsexceeding I year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to <br />be paid for in succeeding fiscal years; and this paragraph shall be: incorporated verbatim in all contracts of the Department <br />