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<br />receipt of advance funds the Grantee shall provide proof of payment to the Department
<br />within thirty (30) days of receipt of the advance funds, If payment is based on
<br />reimbursement, proof of payment of the invoices is required.
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<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, perfonned, 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.
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<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 pennit.
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<br />(4) Such other certificates or documents by engineers, attorneys, accountants, contractors, or
<br />suppliers as may reasonably be required by the Department.
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<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 infonnation when requested must be provided within
<br />thirty (30) calendar days of such request. The Grantee may also be required to submit a cost
<br />allocation plan to the Department in support of its multipliers (overhead, indirect, general
<br />administrative costs, and fringe benefits), All bills for amounts due under this Agreement shall be
<br />submitted in detail sufficient for a proper pre-audit and post-audit thereof.
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<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.
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<br />4. The State of Florida's perfonnance 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.
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<br />5. Progress Reports (Attachment C) shall be submitted describing the work perfonned, problems
<br />encountered, problem resolution, schedule updates and proposed work for the next reporting period,
<br />Progress reports shall be submitted along with the Disbursement Request Package, described in paragraph
<br />3, B, I f advance payment is authorized, the Grantee shall report (and document as required under paragraph
<br />3 above and on Attachment E) the amount of funds expended during the reporting period, the Agreement
<br />expenditures to date, interest earned during the quarter and clearly indicate the method for repayment of the
<br />interest to the Department (see paragraph 16), It is understood and agreed by the parties that the term
<br />"reporting period" reflects the period of time for which the invoices submitted in the Disbursement Request
<br />Package are covered, The Department's Grant Manager shall have ten (10) calendar days to review
<br />del iverables submitted by the Grantee.
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<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,
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<br />7.
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<br />A.
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<br />The Department may tenninate 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 tennination, the Department
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<br />DEP Agreement No. LP8978, Page 2 of6
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