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• • 40 40 am two FW dPC 5.45 Record Retention: All records shall 1x maintained for a period of three years beginning after the Federal Highway Adrninisnation approves the final voucher. Many litigation, claim, or audit is started before the expiration of the 3 year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 5.46 InspodiD : The Agency shall permit, and stall require its axmsractots to pernnit, the Dgnartawm,s audtortned representatives and authorized agents of the Federal Highway AdmWsrration to 'meas. all work, avorkrrtambip ma ls, payrolis, records; and to audit the books, records and accounts pertaining to the financing and development of the project. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency, or any contracuxr, sub- contractor, or materials vendor, to allow public access to all documents, papers, letters, or other mmerial subject to the Provisions of C'hapur 119. Florida Statutes acrd made or received in coniuncnon with this Agreement. (Section 287.058(11(c), Randa Statutes) 6.00 Requkkim s rand PtrgatmW Requests for reimbursement for fees or other compensation for services or ergxtises shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. (Section 287.058(1)(a), Florida Statutes) Any request for reimburxment of travel expenses must be submitted in accordance with Section 112.451, Florida Statutes. The Department may establish rates lower than the maximum provided in Section 112.061, Florida Stattrtr s. (Section 287.058(l)(b), Florida Stannes) If, after project completion., any claim is trade by the Department resulting from an auditor for work or services performed Pursuant TO this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within tixty (60) days to the Department. Offsetting any amount pursuant to this sn-cdon shall riot b� considered a breach of contract by dtc Department. 7.00 The Depanment's ohligatiatts: Subject to other provisions hereof, the Department will honor requrats for reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying Out Of the project and payment of the eligible touts. However, notvrithmading any other provision of this Agreement, the Department may elect by notice in writing not to stake a payment if: 7.01 NUsrepreserttation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement therein or arnw.odmeat the ref, or in or with respect to any dam of data fuaaiAed share-Mth or pursuant h>carro; 7.42 Litigation: There is then pending litigation with respect w the perforntance by rhe Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 7.03 ApprovnJ by Departmmirtt; The Agency shall have taken any action perminmg to the project which, under this agreermnt, requires the approval of the Department or has made related expenditure or incurred related obligations without having been advised by the Depasmnent that same are approved; 7.44 Conflict of lataests: There has been any violation of the conflict of interest provisions contained herein; or ".OS Default: The Agency has been determined by the Department to be in default under any of the prtavisions of die Agreement. 7.06 Federal Partkiipation- The Department may suspend or terminate FH WA, or the Payment for that porion of the Project which the 1]eParmtem acting in lieu of dee FH4VA, may designate as inciigible for Foderid-aid. (FAIN) '.07 °.1tk.Gk.-*td Gras: In doer --ung dee amount of the payment, etre Delrarunent will exclude all projects COM incurred by Exhibit 1I-2-1 1= -al fgtra ' progrml AgM.Mmt 2-2-6