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2009-102
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2009-041
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 <br /> LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OF3/07 <br /> Page 8 <br /> 8 . 01 Termination or Suspension Generally : The Department may , by written notice to the Agency, suspend any or all <br /> of its obligations under this Agreement until such time as the event or condition resulting in such suspension has <br /> ceased <br /> or been corrected or the Department may terminate this Agreement in whole or in part at any time <br />the interest of the <br /> Department requires such termination . <br /> If the Department determines that the performance of the Agency is not satisfactory , the Department shall have the option <br /> of ( a ) immediately terminating this Agreement or ( b ) suspending this Agreement and notifying the Agency of the deficiency <br /> with a requirement that the deficiency be corrected within a specified time ; otherwise this Agreement will be terminated <br /> at <br /> the end of such time . Suspension of this Agreement will not affect the time period for completion of the project . <br /> If the Department requires termination of this Agreement for reasons other than unsatisfactory performance of <br /> the <br /> Agency, the Department shall notify the Agency of such termination , with instructions as to the effective date of <br /> termination or specify the stage of work at which this Agreement is terminated . <br /> If this Agreement is terminated before performance is completed , the Agency shall be paid for the <br /> work satisfactorily <br /> performed . Payment is to be on the basis of substantiated costs . <br /> 8 . 02 Action Subsequent to Notice-of-Termination or Suspension : Upon receipt of any final termination or suspension <br /> notice under this paragraph , the Agency shall proceed promptly to carry out the actions required <br />therein which may <br /> include any or all of the following : ( a ) necessary action to terminate or suspend , as the case may be , project activities <br /> and <br /> contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis <br /> of which <br /> the financing is to be computed ; ( b ) furnish a statement of the project activities and contracts and other undertakings <br /> the <br /> cost of which are otherwise includable as project costs . The termination or suspension shall be carried out in conformity <br /> with the latest schedule , plan , and cost as approved by the Department or upon the basis <br /> of terms and conditions <br /> imposed by the Department upon the failure of the Agency to furnish the schedule , plan , and estimate within a reasonable <br /> time . The closing out of federal financial participation in the project shall not constitute a waiver of any <br />claim which the <br /> Department may otherwise have arising out of this Agreement . <br /> 9 . 00 Contracts of Agency : <br /> 9 . 01 Third Party Agreements : Except as otherwise authorized in writing by the Department , the Agency <br /> shall not <br /> execute any contract or obligate itself in any manner requiring the disbursement of Department funds , including consultant <br /> or construction contracts or amendments thereto , with any third party with respect to the project <br /> without the written <br /> approval of the Department . Failure to obtain such approval shall be sufficient cause for nonpayment by the Department . <br /> The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and <br /> to <br /> approve or disapprove the employment of the same . <br /> 9 . 02 Compliance with Consultants ' Competitive Negotiation Act : It is understood and agreed by the parties hereto <br /> that participation by the Department in a project with the Agency , where said project involves a consultant <br /> contract for <br /> engineering , architecture or surveying services , is contingent on the Agency' s complying in full with provisions of Section <br /> 287 . 055 , Florida Statutes , Consultants ' Competitive Negotiation Act . At the discretion of the Department , the Agency will <br /> involve the Department in the consultant selection process for all projects . In all cases , the Agency' s attorney shall <br /> certify <br /> to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act . <br /> 10 . 00 Disadvantaged Business Enterprise ( DBE ) Policy and Obligation : It is the policy of the Department that DBE ' s , <br /> as defined in 49 C . F . R . Part 26 , as amended , shall have the opportunity to participate in the <br /> performance of contracts <br /> financed in whole or in part with Department funds under this Agreement . The DBE requirements of applicable federal and <br /> 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 <br /> of this <br /> Agreement . In this regard , all recipients and contractors shall take all necessary and reasonable steps in accordance with <br /> applicable federal and state laws and regulations to ensure that the DBE ' s have the opportunity to <br /> compete for and <br /> perform contracts . The Agency and its contractors and subcontractors shall not discriminate on the basis of race <br />, color, <br /> national origin or sex in the award and performance of contracts , entered pursuant to this Agreement . <br /> 11 . 00 Compliance with Conditions and Laws : The Agency shall comply and require its contractors and subcontractors <br /> to comply with all terms and conditions of this Agreement and all federal , state , and local laws and regulations <br /> applicable <br /> to this project . Execution of this Agreement constitutes a certification that the Agency is in compliance <br /> with , and will <br />
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