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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 fmancial 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 /> 99 <br />