22-3311 FDOT Memorandum of Agreement fpr State Hwy Maintenance

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DocuSign Envelope ID: 52DO9114-C692-4147-B8E3-BEOB8F63467B TERM 1) After this Agreement has been executed by the parties, the DEPARTMENT will issue a Notice to Proceed to the LOCAL GOVERNMENT which may be sent by electronic mail at the DEPARTMENT's discretion. The term of this Agreement commences on the effective (late of the Notice to Proceed and will continue for a period of three (3) years from the effective date on the Notice to Proceed. This Agreement may be renewed for a period that may not exceed one three (3) year term. 2) A renewal may be made at the discretion of the DEPARTMENT and will be subject to the same terms and conditions set forth in this Agreement. A renewal shall be contingent upon satisfactory performance evaluations by the DEPARTMENT and subject to the availability of funds. Renewals must be mutually agreed upon by both parties and in writing and must be executed prior to the expiration date of its preceding term. 3) In the event this Agreement extends beyond the DEPARTMENT's current Fiscal year that begins July 1 of each year and ends June 30 of each succeeding year, the LOCAL GOVERNMENT and the DEPARTMENT mutually agree that the State of Florida's performance and obligation to pay under this contract is contingent upon and annual appropriation by the Legislature. In addition, Section 339. l35(6)(a), Florida Statutes, is incorporated by reference, and is set forth herein below as follows: F.S. "339.135(0)(q) "- The Department, (luring any Fiscal Year, shall not expend money, incur any liability, or enter into any Contract ivhich, by its terms, involves arty expenditure of rnorley in excess of the amounts budgeted as available for expenditure during such 1"iscal Year. Any Contract, verbal or written, made in violation of this subsection is null and void, and no money ma y be paid under such contract. The Department shall require a statement, from the Comptroller of the Department that frands are available prior to entering into any such Contract or any other• binding cornmitnrent of funds. Nothing herein shall prevent the rraaking of Contracts, for• periods exceeding one (1) year, but any Contract so made, shall be execulor.y only for the value of services to he 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 carr amount in. excess of $'25, 000 and having a lean for a period of more than one year. COMPENSATION 1) The DEPARTMENT agrees to pay the L.00AI. GOVERNMENT, following a Notice to Proceed, compensation for the cost of maintenance as described in the Provisions Section of this Agreement. The payment will be for the amount of $39,143.00 per quarter, equating to $156,572.00 per year for the duration of the term. 2) Payment shall be made only after receipt of goods and services as provided in Section 215.422, Florida Statutes. Detailed quarterly invoices and any associated documents, including Maintenance Management Systems (MMS) breakdown of all activities, shall be submitted to the DEPARTMENT's Project Administrator: I3rahim Sahraoui. Delivery shall be effective upon receipt of a proper- quarterly invoice and any required associated documents. a) Upon receipt, the DEPARTMENT has seven (7) working days to inspect and approve the goods and services, unless otherwise specified herein. The DEPARTMENT has twenty (20) days to CONTRACT No.: ASP02 FINANCIAL PROJECT No.: 244549-1-78-03 3