10-2128 Memo of Agreement Contract No. APT00 with FDOT

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12. The term of this Agreement commences on the effective date of the Notice to Proceed issued to the CITY by the Department's District Maintenance Engineer, District 5, and shall continue for a period of three (3) years from the effective date of issued Notice to Proceed. This Agreement may be renewed for a period that may not exceed one three (3) year term. R.en.ewaI shall be contingent upon. sati.s.factory performance evaluations by the l.)epartment and subject to the availability of fiinds. Any renewal or extension shall. be :in writing and shall be subject to the same terms and conditions set forth in this Agreement. The Renewal shall be made at the discretion and option of the Department and agreed to in writing by both parties; i.e., the Authorized Signatory for the CITY, and the Director of Transportation Operations, District 5, for the DEPARTMENT. Renewals shall be contingent upon satisfactory performance evaluations by the DEPARTMENT and subject to the availability of funds. The term of this Agreement may be extended for a period not to exceed six (6) months, upon written Agreement by both parties and subject to the same terms and conditions as applicable for renewal of this Agreement. 13. In the event this Agreement extends beyond the DEPARTMENT'S current Fiscal Year that begins on July 1 of each year and ends on June 30 of each succeeding year, the CITY and the DEPARTMENT mutually agree that the State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. In addition, Section 339.135(6)(a) of the Florida Statutes is incorporated by reference, and set forth herein below as follows: F.S. " 339.135(6)(a)" - 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 CITY OF CASSELBERRY'MHR M FIN NO.: 244549-1-78-01 F CONTRACT NO.: APT00 Page 6of11