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audit and post -audit thereof. Invoice(s) shall be submitted to State DEPARTMENT of Transportation
<br />at 3400 W. Commercial Boulevard; Ft. Lauderdale, FL 33309; Attn: William Wang
<br />The COUNTY shall comply with the Federal and State Audit provisions set forth in Exhibit "D" which
<br />is attached hereto and made part of this Agreement.
<br />5. The Agreement and any interest herein shall not be assigned, transferred or otherwise encumbered
<br />by the COUNTY under any circumstances without the prior written consent of the DEPARTMENT.
<br />However this Agreement shall run to the DEPARTMENT and its successors.
<br />6. This Agreement shall continue in effect and be binding to both the COUNTY and the DEPARTMENT
<br />until June 30, 2007. All invoices and supporting documentation must be received by this date.
<br />The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into
<br />any contracts which by its terms, involves the expenditure of money in excess of the amounts
<br />budgeted as available for expenditure during the fiscal year. Any contract, verbal orwritten, made in
<br />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
<br />available prior to entering into any such contract or 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 contracts
<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 />8. 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 for five years after
<br />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 records of the Contractor and
<br />subcontractors considered necessary by the DEPARTMENT for the proper audit of costs.
<br />9. The DEPARTMENT may cancel this Agreement for refusal of the COUNTY to allow public access to
<br />all documents, papers, letters, of other material subject to the provisions of Chapter 119 of the Florida
<br />Statutes, made or reviewed by the COUNTY in conjunction with this Agreement and shall make
<br />provisions in its Agreements with its consultants and sub -consultants to terminate forfailure to comply
<br />with this provisions.
<br />10. The COUNTY warrants that it has not employed or obtained any company or person, other than bona
<br />fide employees of the COUNTY, to solicit or secure this Agreement, and it has not paid or agreed to
<br />pay any company, corporation, individual or firm, other than a bona fide employee employed by the
<br />COUNTY. For breach or violation of this provision, the DEPARTMENT shall have the right to
<br />terminate the Agreement without liability.
<br />11. To the extent allowed by the Laws of Florida, the COUNTY hereby agrees to indemnify, defend, save,
<br />and hold harmless the DEPARTMENT from all claims, demands liabilities, and suits of any nature
<br />arising out of, because of or due to any intentional and/or negligent act or occurrence, omission, or
<br />commission of the COUNTY, its agents, employees, contractors, subcontractors and/or consultants
<br />arising out of this contract or the work which is the subject hereof. In addition, with respect to any of
<br />the COUNTY'S agents, consultants, contractors, and/or sub -contractors, such party in any contract
<br />for this project shall agree to indemnify, defend, save and hold harmless the DEPARTMENT from all
<br />claims, demands, liabilities, and suites of any nature arising out of, because of or due to any
<br />intentional and/or negligent act or occurrence, omission or commission of such agents, consultants,
<br />contractors, and/or sub -contractors. The COUNTY shall provide to the DEPARTMENT written
<br />evidence of the foregoing upon the request of the DEPARTMENT. It is specifically understood and
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