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725-030-06 <br />PUBLIC TRANSPORTATION <br />OGC - 12/14 <br />Page 9 of 14 <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 the <br />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 7.23. The Department <br />specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or <br />disapprove the employment of 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 />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 <br />hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract <br />for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of <br />Chapter 287.055, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will <br />involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall <br />certify to the Department that selection has been accomplished in compliance with Chapter 287.055 F.S., the Consultants' <br />Competitive Negotiation Act. <br />10.22 Procurement of Commodities or Contractual Services: It is understood and agreed by the parties hereto <br />that participation by the Department in a project with an Agency, where said project involves the purchase of commodities <br />or contractual services or the purchasing of capital equipment or the constructing and equipping of facilities, which <br />includes engineering, design, and/or construction activities, where purchases or costs exceed the Threshold Amount for <br />CATEGORY TWO per Chapter 287.017 F.S., is contingent on the Agency complying in full with the provisions of Chapter <br />287.057 F.S. The Agency's Attorney shall certify to the Department that the purchase of commodities or contractual <br />services has been accomplished in compliance with Chapter 287.057 F.S. It shall be the sole responsibility of the Agency <br />to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, <br />purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the <br />current budget contained in Exhibit "B", or that is not consistent with the project description and scope of services <br />contained in Exhibit "A" must be approved by the Department prior to Agency execution. Failure to obtain such approval, <br />and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the <br />Department as provided in Section 7.23. <br />10.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: <br />10.31 DBE Policy: The contractor. sub recipient or subcontractor shall not discriminate on the basis of race, color, <br />national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR <br />part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these <br />requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy <br />as the recipient deems appropriate. <br />The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any <br />DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient <br />shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and <br />administration of DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved <br />by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to <br />carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry <br />out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate <br />cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 <br />U.S.C. 3801 et seq.) <br />10.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed <br />under this section to the Department within 30 days of receipt by the Agency. <br />Page 9 of 14 <br />