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provisions of Chapter 119, Florida Statutes an made or received by
<br />the CITY in conjunction with this Agreement.
<br />(c) By either party following sixty (60) calendar days written notice.
<br />(c) By both parties, thirty (30) calendar days following complete
<br />execution by both parties, of an agreement to terminate this
<br />Agreement.
<br />5. It is anticipated that the term of this Agreement will extend
<br />beyond the Department's current fiscal year. The Department, during any fiscal
<br />year, shall not expend money, incur any liability, or enter into any contract
<br />which by its terms, involves the expenditure of money in excess of the amounts
<br />budgeted as available for expenditure during such fiscal year. Any Agreement
<br />verbal or written made in violation of this subsection is null and void, and no
<br />money may be paid on such contract. The Department shall require a statement
<br />from the comptroller of the Department that funds are available prior to
<br />entering into any such Agreement or other binding commitment of funds. Nothing
<br />herein contained shall prevent the making of contracts for periods exceeding 1
<br />year, however, contract so made shall be executed only for the value of the
<br />services to be rendered or agreed to be paid for in successing fiscal years.
<br />Accordingly, the State of Florida's performance and obligation to pay under this
<br />contract is contingent upon an annual appropriation by the Legislature.
<br />6. To the extent provided by law, the City shall indemnify,
<br />defend, and hold harmless the Department and all of its officers, agents, and
<br />employees from any claim, loss, damage, cost, charge, or expense arising out of
<br />any act, error, omission, or negligent act by the City, its agents, or
<br />employees, during the performance of the Agreement, except that neither the
<br />City, its agents, or its employees will be liable under this paragraph for any
<br />claim, loss, damage, cost, charge, or expense arising out of any act, error,
<br />omission, or negligent act by the Department or any of its officers, agents, or
<br />employees during the performance of the Agreement.
<br />When the Department receives a notice of claim for damages that may have
<br />been caused by the City in the performance of services required under this
<br />Agreement, the Department will immediately forward the claim to the City. and
<br />the Department will evaluate the claim and report their findings to each other
<br />within fourteen (14) working days and will jointly discuss options in defending
<br />the claim. After reviewing the claim, the Department will determine whether to
<br />require the participation of the City in the defense of the claim or to require
<br />that the City defend the Department in such claim as described in this section.
<br />The Department's failure to promptly notify the City of a claim shall not act as
<br />a waiver of any right herein to require the participation in or defense of the
<br />claim by the City. The Department and the City will each pay its own expenses
<br />for the evaluation, settlement negotiations, and trial, if any. However, if
<br />only one party participates in the defense of the claim at trial, that party is
<br />responsible for all expenses at trial.
<br />7. This writing embodies the entire Agreement and understanding
<br />between the parties hereto and there are no other Agreements and understandings,
<br />oral or written, with reference to the subject matter hereof that are not merged
<br />herein and superseded hereby.
<br />8. The Department's District Secretary shall decide all questions,
<br />difficulties and disputes of any nature whatsoever that may arise under or by
<br />reason of this Agreement, the prosecution or fulfillment of the service
<br />hereunder and the character, quality, amount and value thereof: and his decision
<br />Contract No. AN307 3
<br />Financial No. 413810 174 01
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