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40 0 FORM )301040 CONSTRUCTION OOC • QEl aM1 Py, Sof 10 the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration of the agreement, costs which are not provided for in the latest approved estimate for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 8.00 Termination or Suspension of Project: 8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department nlay terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option of (a) immediately terminating the agreement, or (b) suspending the agreement and notifying the Agency of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time. Suspension of the contract will not affect the time period for completion of the agreement. If the Department requires termination of the Agreement for reasons other than unsatisfactory performance of the agency, the Department shall notify the Agency of such termination, with instructions as to the effective date of termination or specify the stage of work at which the agreement is terminated. If the Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily performed. Payment is to be on the basis of substantiated costs. 8.02 Action Subsequent to Notice of Termination or Suspensiom Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and estimate as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furmsh the schedule, plan, and estimate within a reasonable time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.00 Contracts of the Agency: 9.01 111ird '_qty ".s. = rts; ;except as omerwise authorized in writing by the Department, the Agency shall not execute anv contract or obligate itself in an manner requiring the disbursement of Demrmtent funds r^lud!^~ 8a Y 9 g ing corsultant or corsavcuon contracts or amendments thereto, with any third parry with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Section 287.055, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all projects. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultant's Competitive Negotiation Act. Exhibit II -2-1 Loca'- Agency Prog m Agreement '._1