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2009-230
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2009-230
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2009-131
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\Resolutions\2000's\2009
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725-030-08 <br /> PUBLIC TRANSPORTATION <br /> 00/07 <br /> 8.40 Payment Offset: If, after project completion , any claim is made by the Department resulting from an audit <br /> or for work or services performed pursuant to this agreement, the Department may offset such amount from payments <br /> due for work or services done under any public transportation joint participation agreement which it has with the Agency <br /> owing such amount if, upon demand , payment of the amount is not made within sixty (60) days to the Department. <br /> Offsetting amounts shall not be considered a breach of contract by the Department. <br /> 9.00 Termination or Suspension of Project: <br /> 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion , finally discontinues <br /> the project ; or if, by reason of any of the events or conditions set forth in Sections 8 . 21 to 8 . 26 inclusive , or for <br /> any other <br /> reason , the commencement, prosecution , or timely completion of the project by the Agency is rendered improbable , <br /> infeasible , impossible , or illegal , the Department will , by written notice to the Agency, suspend any or all of its <br /> obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or <br /> been corrected , or the Department may terminate any or all of its obligations under this Agreement. <br /> 9. 11 Action Subsequent to Notice of Termination or Suspension . Upon receipt of any final termination or <br /> suspension notice under this paragraph , the Agency shall proceed promptly to carry out the actions required therein <br /> which may include any or all of the following : ( 1 ) necessary action to terminate or suspend , as the case may be, project <br /> activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the <br /> basis of which the financing is to be computed ; (2 ) furnish a statement of the project activities and contracts , and other <br /> undertakings the cost of which are otherwise includable as project costs ; and ( 3) remit to the Department such portion of <br /> the financing and any advance payment previously received as is determined by the Department to be due under the <br /> provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule , <br /> plan , and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department <br /> upon the failure of the Agency to furnish the schedule , plan , and budget within a reasonable time . The approval of a <br /> remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of <br /> any claim which the Department may otherwise have arising out of this Agreement. <br /> 9. 12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor <br /> or Agency to allow public access to all documents , papers , letters , or other material subject to the provisions of Chapter <br /> 119 , F . S. and made or received in conjunction with this Agreement. <br /> 10 .00 Remission of Project Account Upon Completion of Prosect. Upon completion of the project, and after <br /> payment, provision for payment, or reimbursement of all project costs payable from the project account is made , the <br /> Agency shall remit to the Department its share of any unexpended balance in the project account. <br /> 11 . 00 Audit and Inspection : The Agency shall permit, and shall require its contractors to permit, the <br /> Department' s authorized representatives to inspect all work , materials , payrolls , records ; and to audit the books , records <br /> and accounts pertaining to the financing and development of the project. <br /> 12 .00 Contracts of the Agency : <br /> 12 . 10 Third Party Agreements : Except as otherwise authorized in writing by the Department , the Agency shall <br /> not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation <br /> funds , including consultant, construction or purchase of commodities contracts or amendments thereto, with any third <br /> party with respect to the project without the written approval of the Department . Failure to obtain such approval shall be <br /> sufficient cause for nonpayment by the Department as provided in Section 8 . 23 . The Department specifically reserves <br /> unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the <br /> employment of the same . <br /> Page 8 01 t d <br />
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