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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY SYSTEM PROJECT FUNDING AGREEMENT FPN: 441697-1-58-01 Fund: DDR FLAIR Category: 088716 Org Code: 55044040464 FLAIR Obj: FPN FPN Fund: _ Org Code: Fund: Org Code: FLAIR Category: FLAIR Obj: FLAIR Category: FLAIR Obj: County No:88 Contract No: Vendor No: F-596-000-674 This Project Funding Agreement ("Agreement") is entered into this day of , (the "Effective Date") between the State of Florida Department of Transportation, an agency of the State of the Florida (the "Department") and the _Indian River County , a governmental entity existing under the laws of the State of Florida (the "Agency" also referred to as the "County") (each a "Party" and collectively, the "Parties"). The Parties agree as follows: 1. Authority. Section 339.12, Florida Statutes, authorizes the Department and other governmental entities in the State of Florida to enter into agreements by which the governmental entity agrees to perform a highway project or project phase in the Department's adopted work program that is not revenue producing and the Department agrees to reimburse the other governmental entity for the costs of the project. Section 339.12(4), Florida Statutes, also authorizes the Department and other governmental entities in the State of Florida to enter into agreements by which the governmental entity agrees to perform a project or project phase not included in the adopted work program, but which is a high priority of the governmental entity, reimbursement for the costs of which may be made by the Department from funds appropriated by the Legislature pursuant to section 339.135(5), Florida Statutes. The governing body of the Agency has authorized the Agency to perform the project or project phase identified in this Agreement. 2. Purpose of Agreement. The purpose of this Agreement is to provide the terms and conditions under which the Agency will perform Traffic Monitoring System Technology pdate (the "Project"). The Project is more particularly described in Exhibit A to this Agreement. 3. The Project. The Agency agrees to perform and complete the Project in a satisfactory, timely and proper manner in accordance with all applicable laws and the terms and conditions of this Agreement. Exhibit A describes the scope of work to be performed by the Agency and provides a proposed schedule for the Project. The Project scope in Exhibit A identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of Project scope elements. All Project activities must be consistent with the scope described in Exhibit A. An amendment to this Agreement is required for any proposed change in the scope of work. Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the Agency for the design phase or other non -construction phases of the Project. If the Project involves a construction phase, the Agency shall not begin the construction phase of the Project until the Department issues a written Notice to Proceed for the construction phase. Prior to commencing the construction work described in this Agreement, the Agency shall request a Notice to Proceed from the Department. Page 1 of 29