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Version 6-8-2017 <br />schedule the contract for letting, provided the Project is eligible, and provided the federal funds <br />shown in section I.B of Attachment D are available. <br />C. In the event that federal funds for the Project are not obligated during the period listed in section <br />V.A. or section V.B, the federal funds allocated to the Project may be obligated in the fiscal <br />year chosen by INDOT or the federal funds allocated to the Project will lapse. <br />D. If the Program shown on Attachment A is Group I or Group II, Sections V.A, V.B and V.0 do <br />not apply, but will be obligated according to the fiscal year programmed in the most current <br />MPO TIP, provided the MPO funding is within their fiscal year allocation or within the agreed <br />upon use of the MPO's prior year balances. <br />SECTION VI GENERAL PROVISIONS <br />A. Access to Records. The LPA shall maintain all books, documents, papers, correspondence, <br />accounting records and other evidence pertaining to the cost incurred under this Contract, and shall <br />make such materials available at their respective offices at all reasonable times during the period of <br />this Contract and for five (5) years from the date of final payment under the terms of this Contract, <br />for inspection or audit by INDOT and/or the Federal Highway Administration ("FHWA") or its <br />authorized representative, and copies thereof shall be furnished free of charge, if requested by <br />INDOT, and/or FHWA. The LPA agrees that, upon request by any agency participating in federally - <br />assisted programs with whom the LPA has contracted or seeks to contract, the LPA may release or <br />make available to the agency any working papers from an audit performed by INDOT and/or, FHWA <br />of the LPA in connection with this Contract, including any books, documents, papers, accounting <br />records and other documentation which support or form the basis for the audit conclusions and <br />judgments. <br />B. Assignment of Antitrust Claims. As part of the consideration for the award of this Contract, the <br />LPA assigns to the State all right, title and interest in and to any claims the LPA now has, or may <br />acquire, under state or federal antitrust laws relating to the products or services which are the subject <br />of this Contract. <br />C. Audits. The LPA acknowledges that it may be required to submit to an audit of funds paid through <br />this Contract. Any such audit shall be conducted in accordance with IC §5-11-1, et seq., and audit <br />guidelines specified by the State. <br />The State considers the LPA to be a "sub -recipient" for purposes of this Contract. However, if <br />required by applicable provisions of the Office of Management and Budget Circular A-133 (Audits <br />of States, Local Governments, and Non -Profit Organizations), following the expiration of this <br />Contract the LPA shall arrange for a financial and compliance audit of funds provided by the State <br />pursuant to this Contract. Such audit is to be conducted by an independent public or certified public <br />accountant (or as applicable, the Indiana State Board of Accounts), and performed in accordance with <br />Indiana State Board of Accounts publication entitled "Uniform Compliance Guidelines for <br />Examination of Entities Receiving Financial Assistance from Governmental Sources," and applicable <br />provisions of the Office of Management and Budget Circulars A-133 (Audits of States, Local <br />Governments, and Non -Profit Organizations). The LPA is responsible for ensuring that the audit and <br />any management letters are completed and forwarded to the State in accordance with the terms of <br />this Contract. <br />For audits conducted pursuant to Indiana Code 5-11-1, and audited by the Indiana State Board of <br />Accounts on the time schedule set forth by the Indiana State Board of Accounts, the LPA shall <br />provide to the Indiana State Board of Accounts, all requested documentation necessary to audit the <br />Local Public Agency in its entirety. <br />Page 3 of 12 <br />