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2019-196
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2019-196
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Last modified
12/30/2019 3:03:27 PM
Creation date
11/27/2019 3:01:53 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/19/2019
Control Number
2019-196
Agenda Item Number
8.H.
Entity Name
Board of County Commissioners of Indian River County
Subject
Authorizing the Chairman’s execution of locally funded NO. 431759-1-4b/42/43/45-02 with
Agreement (LFA) FM the Florida Department of Transportation for Mark’s Mobil, Mermaid Carwash
and Harbora Parcels for the SR 60 & 43rd Avenue Project (See Official Document 2019-195)
Area
SR 60 & 43rd Avenue Project
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A. If the Project costs are in excess of the advance deposit amount, the COUNTY will <br />provide an additional deposit within fourteen (14) calendar days of notification from <br />the DEPARTMENT. The DEPARTMENT will notify the COUNTY as soon as it <br />becomes apparent that Project costs are in excess of the advance deposit amount; <br />however, failure of the DEPARTMENT to so notify the COUNTY shall not relieve the <br />COUNTY from its obligation to pay for its full participation. If the COUNTY cannot <br />provide the additional deposit within fourteen (14) calendar days, a letter must be <br />submitted to and approved by the DEPARTMENT'S Project manager indicating <br />when the deposit will be made. The COUNTY understands the request and approval <br />of the additional time could delay the Project, and additional costs may be incurred <br />due to delay of the Project. <br />B. When Project modifications occur that increase the COUNTY'S payment of total <br />Project costs, the COUNTY will be notified by the DEPARTMENT. The COUNTY <br />agrees to provide, without delay, in advance of the additional work being performed, <br />adequate funds to ensure that cash on deposit with the DEPARTMENT is sufficient <br />to fully fund the cost of the Project. The DEPARTMENT shall notify the COUNTY as <br />soon as it becomes apparent the actual costs will exceed the deposit amount. <br />However, failure of the DEPARTMENT to so notify the COUNTY shall not relieve the <br />COUNTY from its obligation to pay for its full participation. Funds due from the <br />COUNTY during the Project not paid within forty (40) calendar days from the date of <br />the invoice are subject to an interest charge at a rate established pursuant to Section <br />55.03, F.S. In the event the COUNTY fails to make the additional payment within the <br />time hereinabove set forth, in addition to any other remedy, the DEPARTMENT reserves <br />the right to terminate this Agreement <br />C. The DEPARTMENT intends to have its final and complete accounting of all costs <br />incurred in connection with the work performed hereunder within three hundred sixty <br />days (360) of final payment to the Consultant. The DEPARTMENT considers the <br />Project complete when the DEPARTMENT provides the COUNTY with written notice <br />of its acceptance of the Project. Such written acceptance by the DEPARTMENT <br />shall serve as evidence that all three (3) parcels acquired by the COUNTY are in <br />compliance with the Uniform Act. All Project cost records and accounts shall be <br />subject to audit by a representative of the COUNTY for a period of three (3) years <br />after final close out of the Project. The COUNTY will be notified of the final cost. <br />Both parties agree that in the event the final accounting of total Project costs <br />pursuant to the terms of this Agreement is less than the total deposits to date, a <br />refund of the excess will be made by the DEPARTMENT to the COUNTY. If the final <br />accounting is not performed within three hundred sixty (360) days, the COUNTY is <br />not relieved from its obligation to pay. <br />D. In the event the final accounting of total Project costs is greater than the total <br />deposits to date, the COUNTY will pay the additional amount within forty (40) <br />calendar days from the date of the invoice from the DEPARTMENT. The COUNTY <br />agrees to pay interest at a rate as established pursuant to Section 55.03, F. S., on <br />any invoice not paid within forty (40) calendar days until the invoice is paid. <br />Page 4 <br />
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