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4• 40 • 40 FORM S2"10A0 CON 5T RUCTION OGc I nu P,t, 80110 2,0.4 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2,05 Submission of proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department and the Federal Highway Administration may require. 3,00 Project Cost: 03.01 Total Cost: The total estimated cost of the project is 110,000 This amount is based upon the estimate summarised m Exhibit "B° attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 3.02 Department Participation: The Department agrees to participate, including contingencies, in the project -cost to the extent provided in Exhibit "B". This amount includes Federal aid funds which are limited to the actual amount of Federal -aid participation. 3.03 Limits on State Funds: Project costs eligible for State participation will be allowed only from the date of this Agreement. It is understood that state participation in eligible project costs is subject to - a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement, c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement, d) Department approval of the project scope and budget at the time appropriation authority becomes available. 3.04 Appropriation or Funds: The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 3,05 Multi Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than One Year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money shall be paid on such contract. The Department shall require a statement from [lie comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which hr :'e a term for a period of more than one year." 3-06 Limits on Federal Participation: Federal aid funds shall not participate in any cost which is not incurred in conformity with applicable Federal and State law, the regulations in 23 C.F.R. and 49 C.F.R., and policies and procedures prescriUed by the Division Administrator of the Federal Highway Administration (FHWA). Federal funds shall not be paid on account of any cost incurred prior to authorization by the BIWA to the Department to proceed with the project or part thereof involving tixhibit 1:1-2-1 Local Agency Program Agrccmcnt 2-2-4