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(2) A certification signed by the Grantee 's Grant Manager as to the current estimated cost of the <br /> Project; that the materials, labor, or services represented by the invoice have been <br /> satisfactorily purchased, performed, or received and applied to the project; that all funds <br /> received to date have been applied toward completing the Project; and that under the terms <br /> and provisions of the contracts, the Local Government is required to make such payments; <br /> and <br /> (3) A certification by the engineer responsible for overseeing construction stating that <br /> equipment, materials, labor and services represented by the construction invoices have been <br /> satisfactorily invoiced, purchased, or received, and applied to the Project in accordance with <br /> construction contract documents; stating that payment is in accordance with construction <br /> contract provisions; stating that construction, up to the point of the requisition, is in <br /> compliance with the contract documents; and identifying all additions or deletions to the <br /> Project which have altered the Project's performance standards, scope, or purpose since the <br /> issue of the Department construction permit; and <br /> (4) Such other certificates or documents by engineers, attorneys, accountants, contractors, or <br /> suppliers as may reasonably be required by the Department. <br /> C. In addition to the invoicing requirements contained in paragraph 3 .B . above, the Department will <br /> periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the <br /> appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost <br /> allocation guidelines), as appropriate. This information when requested must be provided within <br /> 30 calendar days of such request. The Grantee may also be required to submit a cost allocation <br /> plan to the Department in support of its multipliers (overhead, indirect, general administrative <br /> costs, and fringe benefits). All bills for amounts due under this Agreement shall be submitted in <br /> detail sufficient for a proper pre-audit and post-audit thereof. <br /> D. State guidelines for allowable costs can be found in the Department of Financial Services ' <br /> Reference Guide for State Expenditures at hM://www. fldfs.com/aadir/reference%5Fguide. <br /> 4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual <br /> appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of <br /> future appropriations. <br /> 5 . Progress Reports (Attachment C) shall be submitted describing the work performed, problems <br /> encountered, problem resolution, schedule updates and proposed work for the next reporting period. If <br /> advance payment is authorized, the Grantee shall report (and document as required under paragraph 3 <br /> above and Attachment E) the amount of funds expended during the reporting period, the Agreement <br /> expenditures to date, interest earned during the quarter and clearly indicate the method for repayment of the <br /> interest to the Department (see paragraph 15) . Progress reports shall be submitted to the Department' s <br /> Grant Manager no later than twenty (20) days following the completion of the quarterly reporting period. It <br /> is hereby understood and agreed by the parties that the term "progress reports" shall reflect the calendar <br /> quarters ending March 31 , June 30, September 30 and December 31 . The Department's Grant Manager <br /> shall have ten ( 10) calendar days to review deliverables submitted by the Grantee. <br /> 6. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its <br /> employees and agents. However, nothing contained herein shall constitute a waiver by either party of its <br /> sovereign immunity or the provisions of Section 768 .28, Florida Statutes. <br /> 7. A. The Department may terminate this Agreement at any time in the event of the failure of the <br /> Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department <br /> shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the <br /> Grantee an opportunity to consult with the Department regarding the reason(s) for termination. <br /> DEP Agreement No. LP6734, Page 2 of 6 <br />