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all subcontractors performing Outstanding Work, and all other records of the <br />contractor and subcontractors considered necessary by the DEPARTMENT for <br />a proper audit of costs. (Section 287.058(4), F.S.) <br />n. In the event this contract is for services in excess of $25,000.00 and a term for <br />a period of more than one (1) year, the provisions of Section 339.135(6)(a), <br />F.S., are hereby incorporated: <br />"The DEPARTMENT, during any fiscal year, shall not expend money, incur <br />any liability, or enter into any contract which, by its terms, involves the <br />expenditure of money in excess of the amounts budgeted as available for <br />expenditure during such fiscal year. Any contract, verbal or written, made in <br />violation of this subsection is null and void, and no money may be paid on such <br />contract. The DEPARTMENT shall require a statement from the Comptroller <br />of the Department that such funds are available prior to entering into any such <br />contract or other binding commitment of funds. Nothing herein contained shall <br />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 <br />rendered or agreed to be paid for in succeeding fiscal years; and this paragraph <br />shall be incorporated verbatim in all contracts of the DEPARTMENT which are <br />for an amount in excess of TWENTY-FIVE THOUSAND DOLLARS <br />($25,000.00) and which have a term for a period of more than 1 year." <br />o. The DEPARTMENT's obligation to pay is contingent upon an annual <br />appropriation by the Florida Legislature. (Section 216.311, F.S.) <br />4. ADDITIONAL OBLIGATIONS OF THE CITY <br />a. The CITY shall be responsible for assuring that the Outstanding Work complies <br />with all applicable Federal, State and local laws, rules, regulations, guidelines and <br />standards. <br />b. The DEPARTMENT shall approve the CITY final Outstanding Work design plans. <br />In the event of any major modifications to the DEPARTMENT approved design <br />plans, the CITY shall submit such proposed modified plans to the DEPARTMENT <br />for review and approval. In the event that any major modifications are required <br />during construction, the CITY shall immediately notify the DEPARTMENT prior <br />to implementing the same, and the Parties shall cooperate to review the matter in a <br />timely manner so that the timely DEPARTMENT'S roadway construction schedule <br />is not affected. A "major modification" is any modification that materially alters <br />the kind or nature of the work depicted in the approved design plans, or that alters <br />the integrity or maintainability of the improvements or related components. <br />The DEPARTMENT shall have a period of fourteen (14) business days from the <br />date that the CITY submits proposed the modified plans for review and comment. <br />The DEPARTMENT shall not unreasonably withhold, condition, or delay its <br />approval to a proposed major modifications to the design plans. If approved by the <br />DEPARTMENT, any and all such approved major modifications shall be deemed <br />Page 6 of 21 <br />Department Funded Agreement between the Florida Department of Transportation and the City <br />Financial Project Number # 430949-3-58-01 <br />179 <br />