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<br />that participated directly and substantially in any of the acts which led to the seizure <br />or forfeiture of such property or cash. It is agreed that the percentage of any <br />proceeds from forfeited property or the value of property retained by an agency shall <br />be commensurate with the participation of that agency in the activity which resulted <br />in the seizure, unless otherwise agreed to by the participating agencies. Any agency <br />which provides for court costs or costs for maintaining seized property shall be <br />reimbursed out of any proceeds from the sale of seized property prior to the <br />distribution of proceeds. <br /> <br />GENERAL PROVISIONS <br /> <br />1. APPROPRIATION: In accordance with Sections 216.311 and 287.0582, <br />Florida Statutes, DABT's performance and obligation to pay under this contract is <br />contingent upon an appropriation by the Florida Legislature. <br /> <br />2. AUDIT: All invoices shall be submitted by the CONTRACTOR to <br />DABT with sufficient detail for a proper pre-audit or post-audit. Any costs <br />included on the Cost Summary which are not included in the Unit cost shall be <br />pre-approved by the Administrator of the Enforcement Section of the Office of <br />Tobacco Control and be supported by appropriate documentation such as <br />receipts, invoices or affidavits. FLORIDA SINGLE AUDIT ACT: Effective July 1, <br />2000, Section 215.97, Florida Statutes, (former s. 216.3491) establishes the <br />Florida Single Audit Act. Funds awarded to CONTRACTOR pursuant to this <br />contract have been determined to be state financial assistance and may be <br />subject to audits as required by this statute. CONTRACTOR agrees to the <br />provisions of EXHIBIT E, Florida Single Audit Act Contract Language, and <br />Attachment 1 to EXHIBIT E, both of which are attached hereto and incorporated <br />herein. <br /> <br />3. CANCELLATION: This contract may be terminated by either party with <br />or without cause, by giving written notice to the other party. Such notice shall be <br />sufficient if it is delivered to the party personally, sent by facsimile, or delivered by <br />U.S. Mail. In case of cancellation, only the costs actually accrued for services <br />satisfactorily performed prior to the date of cancellation shall be due and payable, <br />and all work in progress shall remain the property of DABT and shall be delivered <br />to DABT. <br /> <br />~- <br /> <br />4. ENTIRE AGREEMENT: This contract and its attached Affidavit of Costs <br />Form, the Statement of Work EXHIBIT A, EXHIBIT E Florida Single Audit Act Contract <br />Language, and Attachment 1 to EXHIBIT E constitute the entire agreement of the <br />parties. No other agreement or modification to this contract, expressed or implied, <br />shall be binding on either party unless same is in writing and signed or initialed by <br />SUNNY ISLES BEACH POLICE DEPARTMENT <br />CONTRACT # 00-00261-00 <br />Page 5of9 <br />