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D) In the event Project modifications increase or exceed the estimated amount of the Project <br />authorized in paragraph 4(B), the DEPARTMENT and the COUNTY shall meet and <br />attempt to mutually agree to the amount and distribution of the additional funding needed <br />to fund the completion of the Project. Any funding increase as a result of modifications <br />to the Project shall be added by means of an amendment to the Agreement to be signed <br />by both parties before work is undertaken. However, in the event the COUNTY and the <br />DEPARTMENT fail to negotiate an amendment for any reason whatsoever, the Project <br />shall not include such modifications. <br />E) 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 and sixty <br />days (360) of final payment to the Consultant. The DEPARTMENT considers the Project <br />complete when the final payment has been made to the Consultant, not when the right of <br />way acquisition is complete. All Project cost records and accounts shall be subject to audit <br />by a representative of the COUNTY for a period of three (3) years after final close out of <br />the Project. The COUNTY will be notified of the final cost. Both parties agree that in the <br />event the final accounting of Project costs, pursuant to the terms of this Agreement is less <br />than the total deposits to date, a refund of the excess will be made by the DEPARTMENT to <br />the COUNTY. If the final accounting is not performed within three hundred sixty (360) days, <br />the COUNTY is not relieved from its obligation to pay. <br />F) In the event the final accounting of Project costs is greater than the total deposits to date, <br />the PARTICIPANT will pay the additional amount within forty (40) calendar days from <br />the date of the invoice from the DEPARTMENT. The COUNTY agrees to pay interest at <br />a rate as established pursuant to Section 55.03, F.S., on any invoice not paid within forty <br />(40) calendar days until the invoice is paid. <br />G) The payment of funds under this Agreement will be made directly to the Department of <br />Financial Services, Division of Treasury for deposit as provided in the attached Three <br />Party Escrow Agreement between the COUNTY, the DEPARTMENT and the State of <br />Florida, Department of Financial Services, Division of Treasury, a copy of which is <br />attached hereto and made a part hereof as Exhibit B. <br />H) Should the DEPARTMENT and the COUNTY decide to proceed with subsequent phases <br />of the Project, the Agreement may be amended to identify the respective responsibilities <br />and the financial arrangements between the parties, and/or a new Agreement will be <br />procured and executed. <br />5. MISCELLANEOUS <br />A) Upon completion of the construction of intersection improvements, the DEPARTMENT <br />will convey title to these parcels to the COUNTY. However, if the DEPARTMENT <br />acquires any parcels adjacent to SR -60, the DEPARTMENT will retain those parcels for <br />use in connection with the State Highway System. <br />Page 5 <br />