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725-030-06
<br /> PUBLIC TRANSPORTATIoim
<br /> 06/03
<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, finallydiscontinues
<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 Agreementfor 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 contractor 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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