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FOM/T13 Mfr <br /> FUIIJC TIIAWF ADMIN <br /> OOC.09196 <br /> hpsdll <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 for <br /> work or services done under any public transportation joint participation agreement which it has with the Agency owing such <br /> amount if,upon demand,payment of the amount is not made within sixty(60)days to the Department.Offsetting amounts shall <br /> 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 the <br /> 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 commenoement,prosecution, or timely completion of the project by the Agency is rendered improbable,infeasible, <br /> impossible,or illegal,the Department will,by written notice to the Agency, suspend any or all of its obligations under this <br /> Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the <br /> 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 which may <br /> include any or all of the following: (1) 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 the minimum the costs upon the basis of which the <br /> financing is to be computed; (2)furnish a statement of the project activities and contracts,and other undertakings the cost of <br /> which are otherwise 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 Agreement. The <br /> termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the <br /> Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish <br /> the schedule,plan,and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of <br /> federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have <br /> arising out of this Agreement. <br /> 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency <br /> to allow public access to all documents,papers, letters,or other material subject to the provisions of Chapter 119,Florida <br /> 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 Agency <br /> 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 Department's <br /> authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts <br /> 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 not <br /> 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 cause <br /> for nonpayment by the Department as provided in paragraph 8.23. The Department specifically reserves unto itself the right <br /> to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. <br />