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GRANT AGREEMENT <br /> best efforts to obtain the Department's input in its decisions. The Department is not obligated <br /> to reimburse for claims or requests for additional work. <br /> 12. Contracts of the Agency: <br /> a. Approval of Third Party Contracts.The Department specifically reserves the right to review <br /> and approve any and all third party contracts with respect to the Project before the Agency <br /> executes or obligates itself in any manner requiring the disbursement of Department funds, <br /> including consultant and purchase of commodities contracts, or amendments thereto. If the <br /> Department chooses to review and approve third party contracts for this Project and the <br /> Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the <br /> Department. The Department specifically reserves unto itself the right to review the <br /> qualifications of any consultant or contractor and to approve or disapprove the employment of <br /> the same. If Federal Transit Administration (FTA) funds are used in the Project, the <br /> Department must exercise the right to third party contract review. <br /> b. Procurement of Commodities or Contractual Services. It is understood and agreed by the <br /> Parties hereto that participation by the Department in a project with the Agency, where said <br /> project involves the purchase of commodities or contractual services where purchases or <br /> costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida <br /> Statutes, is contingent on the Agency complying in full with the provisions of Section 287.057, <br /> Florida Statutes. The Agency's Authorized Official shall certify to the Department that the <br /> Agency's purchase of commodities or contractual services has been accomplished in <br /> compliance with Section 287.057, Florida Statutes. It shall be the sole responsibility of the <br /> Agency to ensure that any obligations made in accordance with this Section comply with the <br /> current threshold limits. Contracts, purchase orders, task orders, construction change orders, <br /> or any other agreement that would result in exceeding the current budget contained in Exhibit <br /> "B", Schedule of Financial Assistance, or that is not consistent with the Project description <br /> and scope of services contained in Exhibit "A", Project Description and Responsibilities <br /> must be approved by the Department prior to Agency execution. Failure to obtain such <br /> approval, and subsequent execution of an amendment to the Agreement if required, shall be <br /> sufficient cause for nonpayment by the Department, in accordance with this Agreement. <br /> c. Consultants' Competitive Negotiation Act. It is understood and agreed by the Parties to <br /> this Agreement that participation by the Department in a project with the Agency, where said <br /> project involves a consultant contract for professional services, is contingent on the Agency's <br /> full compliance with provisions of Section 287.055, Florida Statutes, Consultants' Competitive <br /> Negotiation Act. In all cases, the Agency's Authorized Official shall certify to the Department <br /> that selection has been accomplished in compliance with the Consultants' Competitive <br /> Negotiation Act. <br /> d. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the <br /> Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the <br /> opportunity to participate in the performance of contracts financed in whole or in part with <br /> Department funds under this Agreement. The DBE requirements of applicable federal and <br /> state laws and regulations apply to this Agreement. The Agency and its contractors agree to <br /> ensure that DBEs have the opportunity to participate in the performance of this Agreement. <br /> In this regard, all recipients and contractors shall take all necessary and reasonable steps in <br /> accordance with applicable federal and state laws and regulations to ensure that the DBEs <br /> have the opportunity to compete for and perform contracts. The Agency and its contractors <br /> and subcontractors shall not discriminate on the basis of race, color, national origin or sex in <br /> the award and performance of contracts, entered pursuant to this Agreement. <br /> 13. Maintenance Obligations.In the event the Project includes construction or the acquisition of commodities <br /> then the following provisions are incorporated into this Agreement: <br /> 62 <br />