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725-030-06
<br />PUBLIC TRANSPORTATION
<br />06103
<br />Page 6 of 12
<br />8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects
<br />costs incurred by the Agency prior to the.effective date of this Agreement, costs which are not provided for in the latest
<br />approved budget for the project, and costs. attributable to goods or services received under a contract or other
<br />arrangements which have not been approved in writing by the Department.
<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 paragraphs 8.21 to 8.26 inclusive, or for any
<br />other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered
<br />improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of
<br />its obligations under this Agreement until such time as the event or condition resulting.in such suspension has ceased
<br />or 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
<br />termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the
<br />actions required therein which may include any or all of the following: (1) necessary action to terminate or
<br />suspend, as the case may be, project activities and contracts and such other action as may be required or
<br />desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a
<br />statement of the project activities and contracts, and other undertakings the cost of which are otherwise
<br />includable - as- project costs;.and (3) remit to the Department such portion of the financing and any advance
<br />payment previously received as is determined by the Department to be due under the provisions of the
<br />Agreement. The termination or suspension' shall be carried out in conformity with the latest schedule, plan, and
<br />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
<br />of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute
<br />a waiver of 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
<br />Chapter 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 />Department's 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 paragraph 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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