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PUBLIC TRANSPORTATION 72 5-036-06
<br />PUBLIC
<br />PUBLIC
<br />JOINT PARTICIPATION AGREEMENT TRANSPORTATION
<br />OGC -06/2016
<br />Page 10 or 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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