|
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
<br />LOCAL AGENCY PROGRAM AGREEMENT
<br />525-010-40
<br />PROJECT MANAGEMENT OFFICE
<br />10/06
<br />Page 8
<br />If the Department requires termination of this Agreement for reasons other than unsatisfactory performance of the
<br />Agency, the Department shall notify the Agency of such termination, with instructions as to the effective date of
<br />termination or specify the stage of work at which this Agreement is terminated.
<br />If this Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily
<br />performed. Payment is to be on the basis of substantiated costs.
<br />8.02 Action Subsequent to Notice -of -Termination or Suspension: Upon receipt of any final termination or suspension
<br />notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may
<br />include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and
<br />contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which
<br />the financing is to be computed; (b) furnish a statement of the project activities and contracts and other undertakings the
<br />cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity
<br />with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions
<br />imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable
<br />time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the
<br />Department may otherwise have arising out of this Agreement.
<br />9.00 Contracts of Agency:
<br />9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not
<br />execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant
<br />or construction contracts or amendments thereto, with any third party with respect to the project without the written
<br />approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department.
<br />The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to
<br />approve or disapprove the employment of the same.
<br />9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto
<br />that participation by the Department in a project with the Agency, where said project involves a consultant contract for
<br />engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section
<br />287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will
<br />involve the Department in the consultant selection process for all projects. In all cases, the Agency's attorney shall certify
<br />to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act.
<br />10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's,
<br />as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts
<br />financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and
<br />state laws and regulations apply to this Agreement.
<br />The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this
<br />Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with
<br />applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and
<br />perform contracts. 'The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color,
<br />national origin or sex in the award and performance of contracts, entered pursuant to this Agreement.
<br />11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors
<br />to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable
<br />to this project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will
<br />require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local
<br />laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
<br />— Lower Tier Covered Transactions," in 49 C.F.R. Part 29, when applicable.
<br />12.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
<br />12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not
<br />discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin,
<br />disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that
<br />
|