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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION <br />TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT <br />750-010-22 <br />TRAFFIC <br />OPERATIONS <br />04/15 <br />Page 5 of 5 <br />25. The Maintaining Agency may enter into agreements with other parties pertaining to Traffic Signals and Devices including, but <br />not limited to, agreements relating to costs and expenses incurred in connection with the operation of traffic signals and devices <br />on the State Highway System, provided that such Agreements are consistent with the mutual covenants contained in this <br />Agreement. The Maintaining Agency shall furnish a copy of such agreements to the Department. <br />26. This Agreement may not be assigned or transferred by the Maintaining Agency in whole or in part without consent of the <br />Department. <br />27. The Maintaining Agency shall allow public access to all documents, papers, letters, or other material subject to provisions of <br />Chapter 119, Florida Statutes, and made or received by the Maintaining Agency in conjunction with this Agreement. Failure by <br />the Maintaining Agency to grant such public access will be grounds for immediate unilateral cancellation of this Agreement by <br />the Department. <br />28. This Agreement is governed by and construed in accordance with the laws of the State of Florida. The invalidity or <br />unenforceability of any portion of this Agreement does not affect the remaining provisions and portions hereof. Any failure to <br />enforce or election on the part of the Department to not enforce any provision of this Agreement does not constitute a waiver of <br />any rights of the Department to enforce its remedies hereunder or at law or in equity. <br />29. This term of this Agreement is twenty (20) years; provided that either party may cancel this Agreement prior to the expiration of <br />the term of this Agreement. A minimum notice period of two (2) years plus the remaining months of the Department's fiscal year <br />shall be provided to the other party in writing. Should the Maintaining Agency provide its written notice of cancellation to the <br />Department, the notice shall be endorsed by the elected body (County Commission, City Council, or local agency governing <br />body) under which the Agency operates. <br />30. Upon execution, this Agreement cancels and supersedes any and all prior Traffic Signal Maintenance Agreement(s) between <br />the parties, except specific separate Agreements covering painted mast arm maintenance or any other aspect related to the <br />painting of mast arms. <br />31. 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 />32. 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 />33. 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 contract; and <br />b. expressly require any contractors and subcontractors performing work or providing services pursuant to the state <br />contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment <br />eligibility of all new employees hired by the subcontractor during the contract term. <br />34. Exhibits A, B, and C are attached and incorporated by reference. <br />35. This Agreement contains all the terms and conditions agreed upon by the parties. <br />IN WITNESS WHEREOF, the parties have caused these presents tg,be.exeputed, the day and ye first above written. <br />,tprid� STA' "s,QF FLO <br />INDIAN RIVER COUNTY <br />By <br />(Mai aining Agency) <br />(Authorized Signature) <br />Print/Type Name: WESLEY S. DAVIS <br />Title: CHAIRMAN <br />Attest: <br />:• <br />- <br />E <br />OF FL o <br />TION a) <br />y <br />a) -5 <br />1t /\ z E <br />•r : '':� (Authorized Sign <br />LSO j'. ' <br />.c (`4 , <br />i'• , P.rCype Name: <br />••...itle: \) rc�t c-iac- <br />BOARD OF COUNTY COMMISSIONERS <br />Attorney: /it'? <br />Oi)iDate: % I A { <br />Legal Rev <br />0 <br />O <br />