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t= I <br />L-1 <br />11. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or <br />enter into any contract which, by its terns involves the expenditure of money in excess of the <br />amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal <br />or written, made in violation of this subsection is null and void, and no money may be paid on <br />such contract. The DEPARTMENT shall require a statement from the Comptroller of the <br />DEPARTMENT that funds are available prior to entering into any such contract or other <br />binding commitment of funds. Nothing herein contained shall prevent the making of contracts <br />for periods exceeding one (1) year, but any contract so made shall be executory only for the <br />value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this <br />paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are for <br />an amount in excess of $25,000 and which have a term for a period of more than one (l) year. <br />12, 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 <br />paid or agreed to pay any company, corporation, individual or firm, other than a bona fide <br />employee employed by the COUNTY. For breach or violation of this provision, the <br />DEPARTMENT shall have the right to terminate the AGREEMENT without liability. <br />13, To the extent allowed by the Laws of Florida, the COUNTY hereby agrees to indemnify, <br />defend, save, and hold harmless the DEPARTI'vI NT from all claims, demands liabilities, and <br />suits of any nature arising out of, because of or date to any intentional and/or negligent act or <br />occurrence, omission. or commission of the COUNTY, its agents, or employees, arising out <br />of this contract or the work which is the subject hereof. It is specifically understood and agreed <br />that this indemnification clause does not cover or indemnify the DEPARTMENT for its own <br />negligence. <br />14. This AGREEMENT is governed by and construed in accordance with the laws of the State of <br />Florida. <br />15. This document incorporates and includes all prior negotiations, correspondence, conversations, <br />agreements, or understandings applicable to the matters contained herein, and the parties agree <br />that there arc no commitments, agreeancnts or understandings concerning the subject matter of <br />this agreement that are not contained in this document, Accordingly, it is agreed that no <br />deviation from the terms hereof shall be predicated upon any prior representation or agreements <br />whether oral or written. It is further agreed that no modification, amendment, or alteration in <br />the terms and conditions contained herein shall be effective unless contained in a written <br />document executed with the same formality and of equal dignity herewith. <br />4 <br />