08-1930 FDOT Joint Participation Agreement 17-92 Temporary Landscaping 17-92 Vacant Property

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FM#424374-l-58-01 Page 8 of 23 Original Draft: 7/25/2008 Revised: f.) This AGREEMENT supersedes the normal requirements of separate DEPARTMENT permits for Right of Way utilization and this AGREEMENT is deemed to constitute such a permit. 9. In the event this AGREEMENT is in excess of $25,000.00 (TWENTY FIVE THOUSAND DOLLARS) and a term for a period of more than one year, the provisions of Section 339. I 35(6)(a), Florida Statutes, are hereby incorporated: "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 or written, 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 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 a period exceeding I year, but any contract so made shall be executory only for the value ofthe 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$25,000.00 and which have a term for a period of more than I year." In addition, in accordance with Florida Law, the State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the legislature. The parties agree that in the event funds are not appropriated to the DEPARTMENT for the PROJECT, this AGREEMENT may be terminated, which shall be effective upon the DEPARTMENT giving notice to the LOCAL GOVERNMENT to that effect.