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within fourteen (14) calendar days of notification from the DEPARTMENT or prior to contract execution, whichever is earlier. The DEPARTMENT will notify the COUNTY as soon as it becomes apparent that the negotiated contract amount is in excess of the COL--VTY participation; however, failure of the DEPARTMENT to so notify the COLtiT)' shall not relieve the COUNTY from its obligation to pay its full participation on final accounting, as hereinafter provided, up to the amount of$82 ,000.00. (C) If the actual and final Total Project Costs are less than the Estimated Total PROJECT costs. the DEPARTMENT will refund the difference between 12.59c of the Total Project Costs and the sum of all the COUNTY's participation once the Project has been completed and total final Project Costs are known. (D) Should contract modifications occur that increase the COUNTY's share of the total PROJECT costs, the COUNTY will be notified by the DEPARTMENT accordingly. The COL--NTY agrees to provide, in advance of the additional work being performed, adequate funds to ensure that the COUNTY participation is sufficient to fully fund its share of the PROJECT. The DEPARTMENT shall notify the COUNTY as soon as it becomes apparent the actual costs will overrun the award amount; however, failure of the DEPARTMENT to so notify the COLtiTY shall not relieve the COUNTY from its obligation to pay for its full participation on final accounting as provided herein below. (E) Upon final payment to the Consultant, the DEPARTMENT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred sixty days. All project cost records and accounts shall be subject to audit by a representative of the COUNTY for a period of three (3) years after final close out of the project. The COUNTY will be notified of the final costs. Both parties agree that in the event the final accounting of total PROJECT costs pursuant to the terms of this Aartement is less than the Total COL-.,,TY participation to date, a refund of the excess «ill be made by the DEPARTMENT to the COUNTY in accordance with Section 215.4-221. Florida Statutes and subject to the limitation in Section 10 (C) of this Agreement. If the final costs exceed the Total COUNTY participation, the COUNTY will be invoiced for 12.517c of the difference in the Total Project overage. Upon receipt of the final invoice, the COL-.\7Y agrees to reimburse the DEPARTMENT.in the amount of such actual cost within forty (40) days from the date of the invoice. The COUNTY shall pay an additional charge as specified in Section 55.03, Florida Statutes, on any invoice not paid within the time specified in the preceding sentence, until the invoice is paid. (F) The DEPARTMENT shall have the right to retain out of any payment due the COUNTY under this Agreement an amount sufficient to satisfy any amount due and o%k ing to the DEPARTMENT by the COUNTY on any other Agreement between the COUNTY and the DEPARTMENT, whether existing no%� or in the future. 11. This .Agreement and any interest herein shall not be assigned, transferred or otherwise encumbered by the COUNTY under any circumstances without the prior written consent of the DEPARTMENT. However, this Agreement shall run to the DEPART.kiENT and its successors. 12. This .Agreement shall continue in effect and be binding to both the COUNTY and the DEPART'vEN'T until the PROJECT is satisfactorily completed on or before June 30, 2004. of 8 � i