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40 <br />• <br />• <br />10. The DEPARTMENT shall make payment to "Indian River County Board of County <br />Commissioners' and forward to Attention: Chris Mora, Traffic Engineering Division, 1840 25th <br />Street, Vero Beach, Florida 32960-3365. <br />11, The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter <br />into any contract which, by its terms, involves the expenditure of money in excess of the amounts <br />budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made <br />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 <br />are available prior to entering into any such contractor other binding commitment of funds. Nothing <br />herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any <br />contract so made shall be executory only for the value of the services to be rendered or agreed to be <br />paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contacts <br />of the DEPARTMENT which are for an amount in excess of $25,000 and which have a term for a <br />period of more than one (1) year. <br />12. Records of costs incurred under the terms of this Agreement shall be maintained and made available <br />upon request to the Department at all times during the period of this Agreement and for three years <br />after final payment is made. Copies of these documents and records shall be furnished to the <br />Department upon request. Records of costs incurred include the Contractor's general accounting <br />records and the project records, together with supporting documents and records of the Contractor <br />and all subcontractors performing work on the project, and all other records of the Contractor and <br />subcontractors considered necessary by the Department for the proper audit of costs. <br />13. The DEPARTMENT may cancel this AGREEMENT for refusal of the COUNTY to allow public <br />access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 <br />of the Florida Statutes, made or reviewed by the COUNTY in conjunction with this AGREEMENT <br />and shall make provisions in its AGREEMENTS with its consultants and sub -consultants to <br />terminate for failure to comply with this provision. <br />14. The COUNTY warrants that it has not employed or obtained any company or person, other than <br />bona fide employees of the COUNTY, to solicit or secure this AGREEMENT, and it has not paid <br />or agreed to pay any company, corporation, individual or firm, other than a bona fide employee <br />employed by the COUNTY. For breach or violation of this provision, the DEPARTMENT shall <br />have the right to terminate the AGREEMENT without liability. <br />3 <br />