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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />D. In addition to the invoicing requirements contained in paragraphs 3.13. and C. above, the <br />Department will periodically request proof of a transaction (invoice, payroll register, etc.) to <br />evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines <br />(including cost allocation guidelines), as appropriate. This information, when requested, must be <br />provided within thirty (30) calendar days of such request. The Grantee may also be required to <br />submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, <br />general administrative costs, and fringe benefits). State guidelines for allowable costs can be <br />found in the Department of Financial Services' Reference Guide for State Expenditures at <br />http://www.fldfs.com/aadir/reference`/`5Fguide. <br />E. i. The accounting systems for all Grantees must ensure that these funds are not commingled <br />with funds from other agencies. Funds from each agency must be accounted for <br />separately. Grantees are prohibited from commingling funds on either a program -by - <br />program or a project -by -project basis. Funds specifically budgeted and/or received for <br />one project may not be used to support another project. Where a Grantee's, or <br />subrecipient's, accounting system cannot comply with this requirement, the Grantee, or <br />subrecipient, shall establish a system to provide adequate fund accountability for each <br />project it has been awarded. <br />ii. If the Department finds that these funds have been commingled, the Department shall <br />have the right to demand a refund, either in whole or in part, of the funds provided to the <br />Grantee under this Agreement for non-compliance with the material terms of this <br />Agreement. The Grantee, upon such written notification from the Department shall <br />refund, and shall forthwith pay to the Department, the amount of money demanded by the <br />Department. Interest on any refund shall be calculated based on the prevailing rate used <br />by the State Board of Administration. Interest shall be calculated from the date(s) the <br />original payment(s) are received from the Department by the Grantee to the date <br />repayment is made by the Grantee to the Department. <br />iii. In the event that the Grantee recovers costs, incurred under this Agreement and <br />reimbursed by the Department, from another source(s), the Grantee shall reimburse the <br />Department for all recovered funds originally provided under this Agreement. Interest on <br />any refund shall be calculated based on the prevailing rate used by the State Board of <br />Administration. Interest shall be calculated from the date(s) the payment(s) are recovered <br />by the Grantee to the date repayment is made to the Department by the Grantee. <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. The Grantee shall utilize Attachment D, Progress Report Form, to describe the work performed during <br />the reporting period, problems encountered, problem resolution, schedule updates and proposed work for <br />the next reporting period. Quarterly reports shall be submitted to the Department's Grant Manager no later <br />than twenty (20) days following the completion of the quarterly reporting period. It is hereby understood <br />and agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending March 31, June <br />30, September 30 and December 31. The Department's Grant Manager shall have thirty (30) calendar days <br />to review the required reports and deliverables submitted by the Grantee. <br />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 />DEP Agreement No. S0733, Page 2 of 7 <br />