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5. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an <br />annual appropriation by the Legislature of the State of Florida and subject to the release of funds <br />appropriated to the DEPARTMENT. <br />6. The LOCAL SPONSOR shall implement the PROJECT and complete said PROJECT upon the terms <br />and conditions set forth in this Agreement and all present and future requisite authorizations and <br />environmental permits. The PROJECT consists of restoration of approximately 6.1 miles of shoreline <br />between DEP Monuments R20 - R51 (critically eroded section) in Indian River County (Sector 3). <br />Phase 1 construction was completed in 2010. Phase 2 construction was initiated in 2011 and completed <br />in 2012. The life of the PROJECT is defined as ten (10) years following completion of each <br />construction event. The parties expressly agree that the provisions of this paragraph shall survive and <br />be enforceable beyond the expiration date of this Agreement. <br />7. For tasks, as specified in Table 1 in Attachment A, the LOCAL SPONSOR shall develop a detailed <br />Scope of Work which shall include a narrative description of each task, a corresponding detailed <br />budget for each deliverable under that task and a schedule for completion of each task and deliverable. <br />Each Scope of Work shall require approval by the DEPARTMENT as to content, deliverables, and <br />schedule prior to initiating the work. <br />8. The DEPARTMENT has determined that 100 percent of the non-federal PROJECT cost is eligible for <br />state cost sharing. Therefore, the DEPARTMENTs financial obligation shall not exceed the sum of <br />$5,194,919 for this PROJECT or up to 50 percent of the non-federal project cost, if applicable, for the <br />specific eligible PROJECT items listed above, whichever is less. Any indicated federal cost sharing <br />percentage is an estimate and shall not affect the cost sharing percentages of the non-federal share. <br />9. The DEPARTMENT and the LOCAL SPONSOR agree that any and all activities associated with the <br />PROJECT that are not shown in Table 1 are the responsibility of the LOCAL SPONSOR and are not <br />a part of this Agreement. The LOCAL SPONSOR agrees that any costs for the specific eligible <br />PROJECT tasks that exceed the estimated PROJECT costs for that task shall be the responsibility of <br />The LOCAL SPONSOR Any modifications to the estimated TOTAL PROJECT COSTS shown in <br />Table 1 above, shall be provided through formal amendment to this Agreement. <br />10. The LOCAL SPONSOR shall perform as an independent contractor and not as an agent, <br />representative, or employee of the DEPARTMENT. <br />11. Paragraph Reserved. <br />12. Paragraph Reserved. <br />13. As consideration for the satisfactory completion of the eligible work identified in Attachment A and <br />approval of the work by the DEPARTMENT, the DEPARTMENT agrees to compensate the LOCAL <br />SPONSOR on a cost reimbursement basis. All requests for reimbursement shall be made in accordance <br />with Attachment B (Contract Payment Requirements), attarhed hereto and made a part hereof; and <br />State guidelines for allowable costs found in the Department of Financial Services' Reference Guide <br />uv <br />for State Expenditures as http://ww.fldfs.com/aariir/reference%o5Favide. The -LOCAL SPONSOR <br />shall submit a request for reimbursement of funds on the forms provided as Attachment C (Request <br />for Payment, PARTS I — IV), attached hereto and made a part hereof. These forms are to be submitted <br />upon completion of deliverables identified in the approved Scope of Work. These forms shall be <br />certified as accurate by the LOCAL SPONSOR's Project Manager and the LOCAL SPONSOR's <br />Project Financial Officer and submitted to the DEPARTMENT as a payment request. All bills for <br />amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and <br />post -audit thereof. All requests for the reimbursement of travel expenses shall be based on the travel <br />DEP Agreement No. 151R1, Page 2 of 10 <br />