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A TRUE COPY.
<br /> CERTIFICATION ON LAST PAGE
<br /> J.R. SMITH, CLERK
<br /> PUBLIC TRANSPORTATION 725P-030-06
<br /> UBI PUBLC
<br /> IC
<br /> JOINT PARTICIPATION AGREEMENT TRANSPORTATION
<br /> OGC—06!2016
<br /> Page 10 of 17
<br /> 8.12 Access to Documents and Materials. The Department reserves the right to unilaterally cancel this Agreement for
<br /> refusal by the Agency, contractor, sub-contractor, or materials vendor to comply with the provisions of Chapter 119,
<br /> Florida Statutes.
<br /> 9.00 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 /> 10.00 Contracts of the Agency:
<br /> 10.10 Third Party Agreements.The Department specifically reserves the right to review and approve any and all third
<br /> party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the
<br /> disbursement of Department funds, including consultant, purchase of commodities contracts or amendments thereto If
<br /> the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such
<br /> approval, that shall be sufficient cause for nonpayment by the Department as provided in Section 7.20(c) The
<br /> 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. If Federal Transit Administration(FTA)funds are used in the Project,
<br /> the Department must exercise the right to third party contract review
<br /> 10.20 Procurement of Personal Property and Services:
<br /> 10.21 Compliance with Consultants'Competitive Negotiation Act. It is understood and agreed by the parties to this
<br /> Agreement that participation by the Department in a project with an Agency, where said project involves a consultant
<br /> contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions
<br /> of Chapter 287 055, Florida Statutes, Consultants' Competitive Negotiation Act, the federal Brooks Act, 23 CFR 172,
<br /> and 23 U S C 112 At the discretion of the Department, the Agency will involve the Department in the Consultant
<br /> Selection Process for all projects funded under this Agreement. In all cases, the Agency's Attorney shall certify to the
<br /> Department that selection has been accomplished in compliance with Chapter 287 055, Florida Statutes,the Consultants'
<br /> Competitive Negotiation Act and the federal Brooks Act.
<br /> 10.22 Procurement of Commodities or Contractual Services. It is understood and agreed by the parties hereto that
<br /> participation by the Department in a project with an Agency,where said project involves the purchase of commodities or
<br /> contractual services or the purchasing of capital equipment or the constructing and equipping of facilities, which includes
<br /> engineering, design, and/or construction activities, where purchases or costs exceed the Threshold Amount for
<br /> CATEGORY TWO per Chapter 287 017, Florida Statutes, is contingent on the Agency complying in full with the
<br /> provisions of Chapter 287 057, Florida Statutes The Agency's Attorney shall certify to the Department that the purchase
<br /> of commodities or contractual services has been accomplished in compliance with Chapter 287.057, Florida Statutes. It
<br /> shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section comply
<br /> with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other
<br /> agreement that would result in exceeding the current budget contained in Exhibit "B", or that is not consistent with the
<br /> Project description and scope of services contained in Exhibit"A" must be approved by the Department prior to Agency
<br /> execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required,
<br /> shall be sufficient cause for nonpayment by the Department as provided in Section 7.20(c).
<br /> 10.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department that
<br /> DBE's, as defined in 49 CFR Part 26, as amended, shall have the opportunity to participate in the performance of
<br /> contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable
<br /> federal and 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
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