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725.030.06
<br /> PUBLIC TP,ANSPORTATION
<br /> - 07/02
<br /> Page 6 0'12
<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
<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
<br /> payments due for work or services done under any public transportation joint participation agreement which it
<br /> has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60)
<br /> days to the Department. 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 /> 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 receiptof any final
<br /> termination or suspension notice under this paragraph, the Agency shall proceed promptly to cavy 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 underthe 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
<br /> provisions of 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
<br /> made,the 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
<br /> participation funds, including consultant, construction or purchase of commodities contracts or amendments
<br /> thereto,with any third party with respect to the project without the written approval of the Department. Failure to
<br /> obtain such approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23.
<br /> The Department specifically reserves unto itself the right to review the qualifications of any consultant or
<br /> contractor and to approve or disapprove the employment of the same.
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