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40 i 40 40 FORM 575-10.40 CONSTRUCTION CC. O 12598 P.1...(1 D 5.05 Record Retention: All records shall be maintained for a period of three years beginning after the Federal Highway Administration approves the final voucher. If any 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 finding involving the records have been resolved. 5.06 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives and authorized agents of the Federal Highway Administration to inspect all work, workmanship, materials, payrolls, 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 contractor, sub- contractor, or materials vendor, to allow public access to all documents, papers, ietters, or other material subject to the Provisions of Chapter 119, Florida Statutes and made or received in conjunction with this Agreement. (Section 287.058(l)(c), Florida Statutes) 6.00 Requisitions and Payments Requests for reimbursement for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and poll -audit thereof. (Section 287.058(l)(a), Florida Statutes) Any request for reimbursement of travel expenses must be submitted in accordance with Section 112,061, Florida Statutes. The Department may establish rates lower than the maximum provided in Section 112.06 1, Florida Statutes. (Section 287.058(1)(b), Florida Statutes) if, after project completion, any claim is made by the Department resulting from an audit or 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 sixty (60) days to the Department. offsetting any amount pursuant to this section shall not be considered a breach of contract by the Department. 7.00 The Department's Obligations: subject to other provisions hereof, the Department will honor requests 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 costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if. 7,01 Misrepresentation: The Agency shall have made misrepresentation of material nature in its application, or any supplement thereto or amendment thereof, or m or with respect to any document of data furnished therewith or pursuant hereto; 7,02 Litigation: There is then pending litigation with respect to the performance by the 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 Approval by Departmental The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditure or incurred related obligations without having been advised by the Department that same are approved; 7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 7,05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement 7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the Project which the FHWA or the Department acting in lieu of the FHWA, may designate as ineligible for Federal -aid. (FAIN) 7.07 Disallowed Costs: In determining the amount of tite Payment, the Department will exclude all projects costs incurred by Exhibit 61.2-1 local Agency Program Agreement 2.2-6