2004-057 - Laserfiche WebLink

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"The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which , by its terms , involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal orwritten , made in violation of this subsection is null and void , and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that such funds are available prior to entering into any such contract or other binding commitment of funds . Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years ; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25 , 000 , 00 ) and which have a term for a period of more than one year. " 21 . The PARTICIPANT warrants that it has not employed or obtained any company or person , other than bona fide employees of the PARTICIPANT, to solicit or secure this AGREEMENT, and it has not paid or agreed to pay any company, corporation , individual or firm , other than a bona fide employee employed by the PARTICIPANT. For breach or violation of this provision , the DEPARTMENT shall have the right to terminate the AGREEMENT without liability. 22 This AGREEMENT is governed by and construed in accordance with the laws of the State of Florida . 23 . This document incorporates and includes all prior negotiations , correspondence , conversations , agreements , or understandings applicable to the matters contained herein , and the parties agree that there are no commitments , agreements or understandings concerning the subject matter of this agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written . It is further agreed that no modification , amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith . 24 . Any or all notices (except invoices ) given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledged or sent by certified mail , return receipt requested . All notices delivered shall be sent to the following addresses : If to the DEPARTMENT: Florida Department of Transportation - District Four 3400 West Commercial Blvd . Fort Lauderdale , Florida 33309-3421 Attn : Lizz Holmes , Procurement Manager With a copy to : Nicholas Danu , FDOT Project Manager A second copy to : District General Counsel If to the PARTICIPANT : Indian River County 184025 th Street Vero Beach , Florida 32960 Attn : Jim Davis With a copy to County Attorney 4