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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
<br /> LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 08111
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<br /> Paagege
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<br /> 6 . Recipients , when submitting financial reporting packages to the Department for audits done in accordance with
<br /> OMB Circular A- 133 , as revised , or Chapters 10 . 550 ( local governmental entities) or 10 . 650 ( nonprofit
<br /> and for-
<br /> profit organizations ) , Rules of the Auditor General , should indicate the date that the financial reporting package
<br /> was delivered to the recipient in correspondence accompanying the financial reporting package .
<br /> Part V - Record Retention : The recipient shall retain sufficient records demonstrating its compliance with the terms
<br /> of
<br /> this Agreement for a period of at least 5 years from the date the audit report is issued and shall allow the Department
<br /> or its
<br /> designee , the state CFO or Auditor General access to such records upon request. The recipient shall ensure
<br /> that the
<br /> independent audit documentation is made available to the Department , or its designee , the state CFO or Auditor General
<br /> upon request for a period of at least 5 years from the date the audit report is issued , unless extended
<br /> in writing by the
<br /> Department .
<br /> 5 .05 Inspection : The Agency shall permit , and shall require its contractors to permit , the Department'
<br />s authorized
<br /> representatives and authorized agents of FHWA to inspect all work , workmanship , materials , payrolls , and records and
<br />to
<br /> audit the books , records , and accounts pertaining to the financing and development of the project.
<br /> The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub-
<br /> contractor or materials vendor to allow public access to all documents , papers , letters or other material
<br /> subject to the
<br /> provisions of Chapter 119 , Florida Statutes , and made or received in conjunction with this Agreement ( Section 287 . 058 (
<br />1 )
<br /> (c) , Florida Statutes ) .
<br /> 5. 06 Uniform Relocation Assistance and Real Property Statistical Report : For any project requiring additional right-
<br /> of-way , the Agency must submit to the Department an annual report of its real property acquisition
<br /> and relocation
<br /> assistance activities on the project . Activities shall be reported on a federal fiscal year basis , from October
<br /> 1 through
<br /> September 30 . The report must be prepared using the format prescribed in 49 C . F . R . Part 24 ,
<br /> Appendix B , and be
<br /> submitted to the Department no later than October 15 of each year.
<br /> 6 . 00 Requisitions and Payments : Requests for reimbursement for fees or other compensation for services or expenses
<br /> incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof ( Section 287 . 058 ( 1 ) ( a)
<br />, Florida
<br /> Statutes) .
<br /> All recipients of funds from this Agreement , including those contracted by the Agency , must submit bills
<br />for any travel
<br /> expenses , when authorized by the terms of this Agreement , in accordance with Section 112 . 061 , Florida Statutes
<br />, and
<br /> Chapter 327ravel " of the Department' s Disbursement Operations Manual , Topic 350-030-400 (Section 287 . 058( 1 ) ( b)
<br />,
<br /> Florida Statutes) .
<br /> If, after project completion , any claim is made by the Department resulting from an audit or for work or services performed
<br /> pursuant to this Agreement , the Department may offset such amount from payments due for work or services done under
<br /> any agreement which it has with the Agency owing such amount if, upon demand , payment of the amount is
<br />not made
<br /> within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of
<br /> contract by the Department.
<br /> 7 . 00 Department Obligations : Subject to other provisions hereof, the Department will honor requests for reimbursement
<br /> to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the
<br /> project
<br /> and payment of the eligible costs . However, notwithstanding any other provision of this Agreement, the Department may
<br /> elect by notice in writing not to make a payment if:
<br /> 7 . 01 Misrepresentation : The Agency shall have made misrepresentation of a material nature in its application , or
<br /> any
<br /> supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant
<br /> hereto ;
<br /> 7 . 02 Litigation : There is then pending litigation with respect to the performance by the Agency of any of
<br /> its duties or
<br /> obligations which may jeopardize or adversely affect the project , the Agreement or payments to the project ,
<br /> 7 . 03 Approval by Department : The Agency shall have taken any action pertaining to the project which ,
<br /> under this
<br /> Agreement , requires the approval of the Department or has made related expenditure or incurred related
<br /> obligations
<br /> without having been advised by the Department that same are approved ,
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