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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000-01 <br />PUBLIC TRANSPORTATION STRATEGIC <br />DEVELOPMENT <br />GRANT AGREEMENT OGc02120 <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 />7 of 25 - _ <br />