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2004-097
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2004-097
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2004-209
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525-010.40 <br />CONSTRUCTION <br />OGC - 11/03 <br />Page 6 of 12 <br />imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable <br />time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the <br />Department may otherwise have arising out of this Agreement.. <br />9.00 Contracts of the Agency: <br />9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not <br />execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant <br />or construction contracts or amendments thereto, with any third party with respect to the project without the written <br />approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. <br />The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to <br />approve or disapprove the employment of the same. <br />9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto <br />that participation by the Department in a project with an Agency, where said project involves a consultant contract for <br />engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Section <br />287.055, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will <br />involve the Department in the Consultant Selection Process for all projects. In all cases, the Agency's attorney shall <br />certify to the Department that selection has been accomplished: in compliance.with the Consultants'. Competitive <br />Negotiation Act. <br />10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: <br />10.01 DBE Policy: It is the policy of the Department that disadvantaged business enterprises, as defined in 49 C.F.R. <br />Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part <br />with Department funds under this Agreement. The DBE requirements of applicable federal and state regulations apply to <br />this Agreement. <br />10.02 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as <br />defined in applicable federal and state regulations, have the opportunity to participate in the performance of contracts and <br />this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance <br />with applicable federal and state regulations, to ensure that the Disadvantaged Business Enterprises have the opportunity <br />to compete for and perform contracts. The Agency shall not discriminate on the basis of race, color, national origin or sex <br />in the award and performance of Department assisted contracts. <br />10.03 Disadvantaged Business Enterprise (DBE) Obligations: If Federal Transit Administration or FHWA Funding is a <br />part of this project, the Agency must comply with applicable federal and state regulations. <br />11.00 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion (Applicable to all <br />federal -aid contracts — 49 CFR 29) <br />By signing and submitting this Agreement, the Agency is providing the certification set out below: <br />The inability of the Agency to provide the certification set out below will not necessarily result in denial of participation in <br />this covered transaction. The Agency shall submit an explanation of why it cannot provide the certification set out below. <br />The certification or explanation will be considered in connection with the Department's determination whether to enter <br />into this transaction. However, failure of the Agency to furnish a certification or an explanation shall disqualify the <br />Agency from participation in this transaction. <br />The certification in this clause is a material representation of fact upon which reliance was placed when the Department <br />determined to enter into this transaction. If it is later determined that the Agency knowingly rendered an erroneous <br />certification, in addition to other remedies available, the Department may terminate this transaction for cause of default. <br />The Agency shall provide immediate written notice to the Department if any time the Agency.learns that its certification was <br />erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered <br />"debarred," "suspended," ineligible," "lower tier covered transaction," "participant," "person,' primary covered transaction," <br />"principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and <br />Coverage sections of rules implementing Executive Order 12549. Contact the Department for assistance in obtaining a <br />copy of those regulations. <br />
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