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A TRUE COPY
<br /> CERTIFICATION ON LAST PAGE.
<br /> J . K . BARTON , CLERK
<br /> 725-03006
<br /> PUBLIC TRANSPORTATION
<br /> 6111
<br /> 8. 30 Disallowed Costs : In determining the amount of the payment, prior to receipt of annual notification of funds
<br /> availability, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this
<br /> Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods
<br /> or services received under a contract or other arrangements which have not been approved in writing by the Department
<br /> and costs invoiced prior to receipt of annual notification of fund availability.
<br /> 8 .40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit
<br /> or for work or services performed pursuant to this agreement, the Department may offset such amount from payments
<br /> due for work or services done under any public transportation. joint participation agreement which it has with the Agency
<br /> owing such amount if, upon demand , payment of the amount is not made within sixty (60) days to the Department
<br /> Offsetting amounts shall not be considered a breach of contract by the Department
<br /> 9.00 Termination or Suspension of Project:
<br /> 9. 10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues
<br /> the project; or if, by reason of any of the events or conditions set forth in Sections 8 . 21 to 8 . 26 inclusive, or for any
<br />other
<br /> reason, the commencement, prosecution , or timely completion of the project by the Agency is rendered improbable,
<br /> infeasible , impossible, or illegal , the Department will , by written notice to the Agency , suspend any or all of its
<br /> obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or
<br /> been corrected , or the Department may terminate any or all of its obligations under this Agreement.
<br /> 9. 11 Action Subsequent to Notice of Termination or Suspension . Upon receipt of any final termination or
<br /> suspension notice under this paragraph , the Agency shall proceed promptly to carry out the actions required therein
<br /> which may include any or all of the following : ( 1 ) necessary action to terminate or suspend , as the case may be , project
<br /> activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the
<br /> basis of which the financing is to be computed ; (2 ) furnish a statement of the project activities and contracts, and other
<br /> undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of
<br /> the financing and any advance payment previously received as is determined by the Department to be due under the
<br /> provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule,
<br /> plan , and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department
<br /> upon the failure of the Agency to furnish the schedule , plan , and budget within a reasonable time. The approval of a
<br /> remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of
<br /> any claim which the Department may otherwise have arising out of this Agreement.
<br /> 9. 12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor
<br /> or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter
<br /> 119 , F . S . and made or received in conjunction with this Agreement.
<br /> 10 .00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after
<br /> payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the
<br /> Agency shall remit to the Department its share of any unexpended balance in the project account
<br /> 11 .00 Audit and Inspection : The Agency shall permit, and shall require its contractors to permit, the
<br /> Departments authorized representatives to inspect all work, materials, payrolls, records; and to audit the books , records
<br /> and accounts pertaining to the financing and development of the project
<br /> 12. 00 Contracts of the Agency :
<br /> 12. 10 Third Party Agreements : Except as otherwise authorized in writing by the Department, the Agency shall
<br /> not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation
<br /> funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third
<br /> party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be
<br /> sufficient cause for nonpayment by the Department as provided in Section 8. 23 , The Department specifically reserves
<br /> unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the
<br /> employment of the same.
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