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<br />within 30 days receipt of advance funds. If payment is based on reimbursement, proof of <br />payment of the invoices is required; and <br /> <br />(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 tenns <br />and provisions of the contracts, the Grantee is required to make such payments; and <br /> <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 /> <br />(4) Such other certificates or documents by engineers, attorneys, accountants, contractors, or <br />suppliers as may reasonably be required by the Department. <br /> <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 /> <br />D. State guidelines for allowable costs can be found in the Department of Financial Services' <br />Reference Guide for State Expenditures at http://www.fldfs.com/aadir/reference%SFguide. <br /> <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 /> <br />S. 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. <br />Progress reports shall be submitted in conjunction with the Disbursement Request Package, described in <br />paragraph 3.B. If advance payment is authorized, the Grantee shall report (and document as required under <br />paragraph 3 above and on Attachment E) the amount of funds expended during the reporting period, the <br />Agreement expenditures to date, interest earned during the quarter and clearly indicate the method for <br />repayment of the interest to the Department (see paragraph 15), It is understood and agreed by the parties <br />that the term "reporting period" reflects the period of time for which the invoices submitted in the <br />Disbursement Request Package are covered. The Department's Grant Manager shall have ten (10) calendar <br />days to review deliverables submitted by the Grantee. <br /> <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 /> <br />7. <br /> <br />A. <br /> <br />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 /> <br />DEP Agreement No. LP6862, Page 2 of 6 <br /> <br />s\\) <br />