R95-64 AUTHORIZING AN AGREEMENT WITH THE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION

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� 6. The PLANNING AGENCY shall on an annual basis, conduct an independent audit of is operations in accordance with OMB Circular A-128. The PLANNING AGENCY (and its subcontractors) certify that it shall maintain, for a minimum of five (5) years after completion of the AGREEMENT, adequate books, records, and supporting documents to verify the amounts, recipients, and uses of all disbursements of funds passing in conjunction with the AGREEMENT; the AGREEMENT and all books, records, and � supporting documents related to the AGREEMENT shall be available for review and audit by the Auditor General, the DEPARTMENT, the Federal Highway Administration, the Federal Transit Administration (hereinafter"AUDITING PARTIES"); and the PLANNING AGENCY agrees to cooperate fully with any audit conducted by the , AUDITING PARTIES and to provide full access to all relevant materials. Failure to maintain the books, records, and supporting documents required by this section shall establish a presumption in favor of the state for the recovery of any funds paid by the state under the AGREEMENT for which adequate books, records, and supporting documentation are not available to support their purported disbursement. 7. Subcontracting, assignment, or transfer of all or part of the interests of the PLANNING AGENCY in the work covered by this AGREEMENT shall be prohibited without prior written consent of the DEPARTMENT. In the event the DEPARTMENT gives such consent, the terms and conditions of this AGREEMENT shall apply to and bind the party or parties to whom such work is subcontracted, assigned, or transferred as fully and completely as the PLANNING AGENCY is hereby bound and obligated. (a) Where PLANNING AGENCY is providing consultant services, as defined by 30 ILCS 505/9.04, the names and addresses of all subcontractors utilized by the PLANNING AGENCY together with the anticipated amount of money which the subcontractor is expected to receive pursuant to this AGREEMENT shall be provided to the DEPARTMENT prior to the DEPARTMENT providing written consent. (b) The PLANNING AGENCY shall not employ any person or persons employed by the DEPARTMENT at any time during the term of this AGREEMENT for any work required by the terms of this AGREEMENT. 8. This ownership of documents will be in accordance with the provisions stipulated in APPENDIX D. ' 9. The DEPARTMENT may, from time to time, request changes in the scope of services of the PLANNING AGENCY to be performed hereunder. Such changes, including revision to the completion schedule or any increase or decrease in the amount of compensation, which are mutually agreed upon by and between the DEPARTMENT ' and the PLANNING AGENCY shall be incorporated in written amendment to this AGREEME NT. � 3