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D. Local Agency -Invoices <br />The Local Agency's invoices shall describe in detail the reimbursable costs incurred by the <br />Local Agency for which it seeks reimbursement, the dates such costs were incurred and the <br />amounts thereof, and shall not be submitted more often than monthly. <br />E. Invoicing Within 60 Days <br />The State shall not be liable to reimburse the Local Agency for any costs unless CDOT receives <br />such invoices within 60 days after the date for which payment is requested, including final <br />invoicing. Final payment to the Local Agency may be withheld at the discretion of the State until <br />completion of final audit. Any costs incurred by the Local Agency that are not allowable under <br />49 C.F.R. 18 shall be reimbursed by the Local Agency, or the State may offset them against any <br />payments due from the State to the Local Agency. <br />F. Reimbursement of State Costs <br />CDOT shall perform Oversight and the Local Agency shall reimburse CDOT for its related costs. <br />The Local Agency shall pay invoices within 60 days after receipt thereof. If the Local Agency <br />fails to remit payment within 60 days, at CDOT's request, the State is authorized to withhold an <br />equal amount from future apportionment due the Local Agency from the Highway Users Tax <br />Fund and to pay such funds directly to CDOT. Interim funds shall be payable from the State <br />Highway Supplementary Fund (400) until CDOT is reimbursed. If the Local Agency fails to make <br />payment within 60 days, it shall pay interest to the State at a rate of one percent per month on <br />the delinquent amounts until the billing is paid in full. CDOT's invoices shall describe in detail <br />the reimbursable costs incurred, the dates incurred and the amounts thereof, and shall not be <br />submitted more often than monthly. <br />10. REPORTING - NOTIFICATION <br />Reports, Evaluations, and Reviews required under this §10 shall be in accordance with the <br />procedures of and in such form as prescribed by the State and in accordance with §18, if <br />applicable. <br />A. Performance, Progress, Personnel, and Funds <br />The State shall submit a report to the Local Agency upon expiration or sooner termination of this <br />Agreement, containing an Evaluation and Review of the Local Agency's performance and the <br />final status of the Local Agency's obligations hereunder. <br />B. Litigation Reporting <br />Within 10 days after being served with any pleading related to this Agreement, in a legal action <br />filed with a court or administrative agency, the Local Agency shall notify the State of such action <br />and deliver copies of such pleadings to the State's principal representative as identified herein. <br />If the State or its principal representative is not then serving, such notice and copies shall be <br />delivered to the Executive Director of CDOT. <br />C. Noncompliance <br />The Local Agency's failure to provide reports and notify the State in a timely manner in <br />accordance with this §10 may result in the delay of payment of funds and/or termination as <br />provided under this Agreement. <br />D. Documents <br />Upon request by the State, the Local Agency shall provide the State, or its authorized <br />representative, copies of all documents, including contracts and subcontracts, in its possession <br />related to the Work. <br />11. LOCAL AGENCY RECORDS <br />A. Maintenance <br />The Local Agency shall make, keep, maintain, and allow inspection and monitoring by the State <br />of a complete file of all records, documents, communications, notes and other written materials, <br />electronic media files, and communications, pertaining in any manner to the Work or the <br />delivery of Services (including, but not limited to the operation of programs) or Goods <br />hereunder. The Local Agency shall maintain such records until the last to occur of the following: <br />(i) a period of three years after the date this Agreement is completed or terminated, or (ii) three <br />Page 13 of 26 <br />