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°- . <br /> + WHEREAS, the PLANNING AGENCY has specialized expertise in the area <br /> of transportation and land use planning and associated technical services <br /> and thereby has the necessary technical skills. <br /> NOW THEREFORE, the parties hereto do mutually agree as follows: <br /> 1 . Time and Performance. The services of the PLANNING AGENCY shall <br /> commence upon written notification by the DEPARTMENT and shall <br /> be completed by June 30, 1995. <br /> 2. Compensation. The PLANNING AGENCY agrees to perform all the <br /> services set forth and described in Appendix A of this AGREEMENT <br /> which are included in the Unified Work Program for <br /> transportation planning. The work covered by this AGREEMENT <br /> shall not exceed $41 ,250 of which the DEPARTMENT shall reimburse <br /> the PLANNING AGENCY eighty percent (80X) of the FTA Section 8 <br /> amount or $33,000 maximum, and the PLANNING AGENCY shall <br /> contribute twenty percent (20X) or $8,250 of the FTA match. <br /> This AGREEMENT does not include work funded with FTA Section 9 <br /> Funds and performed by the PLANNING AGENCY as set forth in the <br /> Unified Work Program. (See Appendix C for projected funding <br /> sources. ) The PLANNING AGENCY shall receive, as full payment <br /> for completing the work required of it under this AGREEMENT <br /> (except for additional work or extra work) , reimbursement of its <br /> eligible Actual Costs to the Extent they are in compliance with <br /> Federal Acquisition Regulations, Parts 31 and 32 and Federal Aid <br /> Policy Guide 23 CFR 1 .11 (a) ; 23 CFR 172; 23 CFR 420; and the <br /> Federal Transit Administration Regulations including the Project <br /> Management Guidelines Circular 5010.1 A; subject to an Upper <br /> Limit of Compensation under this contract not to exceed $33,000. <br /> 3. The PLANNING AGENCY shall on an annual basis, conduct an <br /> independent audit of is operations in accordance with OMB <br /> Circular A-128. The PLANNING AGENCY (and its subcontractors) <br /> certify that it shall maintain, for a minimum of five (5) years <br /> after completion of the AGREEMENT, adequate books, records, and <br /> supporting documents to verify the amounts, recipients, and uses <br /> of all disbursements of funds passing in conjunction with the <br /> AGREEMENT; the AGREEMENT and all books, records, and supporting <br /> documents related to the AGREEMENT shall be available for review <br /> and audit by the Auditor General , the DEPARTMENT, the Federal <br /> Highway Administration, the Federal Transit Administration <br /> (hereinafter "AUDITING PARTIES") ; and the PLANNING AGENCY agrees <br /> to cooperate fully with any audit conducted by the AUDITING <br /> PARTIES and to provide full access to all relevant materials. <br /> Failure to maintain the books, records, and supporting documents <br /> required by this section shall establish a presumption in favor <br /> of the state for the recovery of any funds paid by the state <br /> under the AGREEMENT for which adequate books, records, and <br /> supporting documentation are not available to support their <br /> purported disbursement. <br /> -2- <br />