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FORM 725-03P-08 <br /> PUBLIC TRANSP ADMIN-07/00 <br /> Paps 8 of 12 <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 due <br /> for work or services done under any public transportation joint participation agreement which it has with the Agency owing <br /> such amount if,upon demand, payment of the amount is not made within sixty(60)days to the Department.Offsetting <br /> 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 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 obligations <br /> under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, <br /> 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 actions <br /> required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the <br /> case may be,project activities and contracts and such other action as may be required or desirable to keep to the <br /> minimum-the costs upon the basis of which the financing is to be computed; (2)furnish a statement of the project <br /> activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) <br /> remit to the Department such portion of the financing and any advance payment previously received as is <br /> determined by the Department to be due under the provisions of the Agreement. The termination or suspension <br /> shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or <br /> upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the <br /> schedule,plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing <br /> out of federal financial participation in the project shall not constitute a waiver of any claim which the Department <br /> 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, Florida Statutes 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 funds, <br /> including consultant, construction or purchase of commodities contracts or amendments thereto,with any third party with <br /> respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient <br /> cause for nonpayment by the Department as provided in paragraph 8.23.The Department specifically reserves unto itself <br /> the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the <br /> same. <br />
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