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725-030-06
<br /> PUBLIC TRANSPORTATION
<br /> 06/03
<br /> Page 6 of 12
<br /> 8 . 30 Disallowed Costs : In determining the amount of the payment , the Department will exclude all projects
<br /> costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest
<br /> approved budget for the project, and costs attributable to goods or services received under a contract or other
<br /> arrangements which have not been approved in writing by the Department .
<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 paragraphs 8 . 21 to 8 .26 inclusive ,
<br /> or for any
<br /> other reason , the commencement , prosecution , or timely completion of the project by the Agency
<br />is rendered
<br /> improbable , infeasible , impossible , or illegal , the Department will , by written notice to the Agency , suspend any or all of
<br /> its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased
<br /> or 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
<br /> termination or suspension notice under this paragraph , the Agency shall proceed promptly to carry out the
<br /> actions required therein which may include any or all of the following : ( 1 ) necessary action to terminate or
<br /> suspend , as the case may be , project activities and contracts and such other action as may be required or
<br /> desirable to keep to the minimum the costs upon the basis of which the financing is to be computed ; (2 ) furnish a
<br /> statement of the project activities and contracts , and other undertakings the cost of which are otherwise
<br /> includable as project costs ; and (3) remit to the Department such portion of the financing and any advance
<br /> payment previously received as is determined by the Department to be due under the provisions of the
<br /> Agreement. The termination or suspension shall be carried out in conformity with the latest schedule , plan , and
<br /> 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
<br /> of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute
<br /> a waiver of 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
<br /> Chapter 119 , F . S . and made or received in conjunction with this Agreement.
<br /> 10 . 00 Remission of Project Account Upon Completion of Project: 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 paragraph 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 .
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