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725-030-06 <br /> PUBLIC TRANSPORTATION <br /> 01/06 <br /> Pape 5 of 11 <br /> 8.40 Payment Offset: If, after project completion, any claim is madeby 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 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 /> 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 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. <br />