Okaloosa County BOCC — August 6, 2013 — reading text

acquired the real property. (b) a atatement by the Agency certifying that the Agency has acquired said real proparty, and actual consideration paid for real property. (c) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupents was accomplished In compliance with all federal laws, rules and procedunss required by any federal oversight agency and with all state laws. rules and procedures that may appty to the Agency acquiring the real property. 8.20 The Depllr1rnenr. ObllgaUons: Subject to other provisions hereof. the Department will honor such requialtions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costa. However, notwithstanding any other proviaion of this Agreement. the Department may elect by notice in writing not to make a payment on the project If: •. 21 Mlsrepresentallon: The Agency shall have made mfsrepresentation of a material nature In Ma appllcetion. or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or punsuant hereto; •. 22 UtlglUon: There la then pending ltigation with respect to the performance by the Agency of any of Hs duties or obligations which may jeoperdlze or adversely affect the project, the Agreemen~ or peyments to the project; 8.23 Approval by Depar1menl: The Agency shaa have taken any action pertaining to the project which, under this ag_nt, requires the approval of the Department or has made related expendMures or Incurred related obligations without having been adviaad by the Department that same are approved; ••24 Conflle! of Intaresta: Thens has been any violation of the conflict oflnterest provisions contained herein; or 8.21 o.t.ull: The Agency has been determined by the Department to be In defauH under any of the provisions of the Agreement. 8.28 Federal Partlclpallon (If Applicable): Any federal agency providing federal financial aulstance to the project suspends or terminates federal financial assistance 10 the project. In the evenl of suspension or termlnalion of federal flnandal assistance, the Agency will relmbu_ the Department for all disallowed costs, Including any and all federal financial assistance as detailed In Exhlbft "8." Packet Pg. 178  72H3IIOI ,.", PU8UC TRANSPORTAnoN hglld14 '.30 OIIll1owed Ccma: In d.,ermln'ng th••mount of the payment. prior to receipt of annual notlflcation of fund. availability. the Department will .xclud. all project. c:oela incurred by th. Ag.ncy prior to the .ffective date of this Agreement. colIS which are nol provided for In th. laI.stapproYed budget for \he project. and colIS attributable to goods or services received under a contract or other arrangements wIIIch have not been approved In writing by the Department and coals invoiced prior to receipt of annual notificatlon of fund availability. 8.40 Paym.nt otr..t: If. aller project completion. any claim is made by the Department resulting from an aud" or for work or services parformed pursuant to this agreement. the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which" hal with the Agency owing such amount K. upon demand. payment 01 the amount Is not made wHhln sixty (60) days to the Department. OIIaettIng amounts shall not be considered a breech 01 contract by the Department. 8.00 Tennlnation or 8uspanalon of Project: 8.10 TermlnetiOn or 8uapaMIOn Ganerally: If the Agency abandons or. belore compl.tlon. finally dilcontinue. the project; or If. by reason of any of the events or condklona set forth In SectIons 8.21 to 8.26 inclusive. or for eny other . reason. the commencement. prosecution. or tim.1y completion of the project by lIle Ag.ncy is rendered mprobable. Infeasble. Imposslbl• • or Illegal. the Department wiU. by written notice to the Ag.ncy. suspend any or an of ita obligations under this Agreement until such tim. as the .vent or condition resulting in luch suspension has ce.sed or been corrected. or the Department may termlnat. any or al of M obligetlons under this Agreement. 8.11 Action 8ubeequent to Notice of Terml ...tIon or 8uspanslon. Upon receipt olany final termination or suspension notice under IIlls paragraph. the Agency shall proceed promptly \0 cerry out the actions requIred therein which may include any or all olthe followIng: (1) neceSS8/y aellon to terminale or suspend. as the case may be. project actlvilles and contracts and 8uch other action as may be required or dealrable to keep to lIle minimum the costs upon the basis of which the financing Is to be computed; (2) fumlsh a statement ofth. project activtties and contract•• and other undertakings the cost of which are olllerwtse Includable as project costs; and (3) rem" to the Department luch portion of th. financing and any advance peyment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspenalon sha" be carried out in conformity wKh the latest schedule. plan. and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of lIle Agency to fumlsh the schedule. plan. and budget within a ....onabl. time. The approval 01 a remittance by the Agency or the cloSing out of federal financial pertlclpation In lIle project shan not constitute a waiver of any claim which tha Department may otherwise have arising out of this Agreement. '.12 The Department reselYes the right to un~aterally cancel this Agreement for refusal by the contractor or Agency to allow public 8CCeas to ell documents. papers. leU.... or other material subject to the provtsions of Chapter 119. F.S. and mede or received In conjunction with lIlis Agreement. 10.00 Ramls.lon of Project Account Upon Completion of Project: Upon completion of the project. end aller payment. provision for payment. or reimbursement 01 aY project coats payable from the project account is mede. lIle Agency shall remk to the Department"" share of any un.xpended balance In the project account. 11.00 Audit and Il18pectlon: Th. Agency shall permM. end shall require Ita contractors to parmk. the Departmenrs authorized representalives to Inapact all work. materials. payrolls. record.; and to audit the book •. recorda and accounts pertaining to the financing and development of the project. 12.00 Contracta of "'a Agency: 12.10 Thin! Party Agreements: Except as otherwise authorized in wrtUng by \he Department. the Agency shall not executa any contract or obligate nself In any manner requiring the disburwernent of Department joint pertlclpatlon funds. Inciudlng consultant. construction or purchase of convnodlties contrects or amendments therato. wfth any third party with respect to the project without \he written approvat of the Department. Fallure to ob..ln such approYllisha. be Iulliclent caUH for nonpayment by the Department as provtded In SectIon 8.23. The Department spec:iIIcally reHIVes unto MeW the right to revtew the qualificatlons of any conlulant or contractor and to approve or diaepprove the employment of the same. Packet Pg. 179  726@00 PUBlIC lRAASPOftTATIOH Il0l'' Pohf1~ 12.20 Compllince with Consultants' Competitive Negotlltlon Act: It Is unde,.1Ood and agreed by the parties hereto that participation by 1110 Department in a project with an Agency, where said project Involves a consultant contract lor engineering. arch~eclure or surveying services, Is contingent on the Agency complying in full with provtsions 01 Chapter 287. F.S .. Consultants' Competitive Negotiation Act. At the discretion 011lle Department. the Agency will Involve the Department in the Consultant Seleclion Proce" for all conlnlcts. In all case" the Agency's Altomey shall certify to the Department that selection has been accomplished In compliance with the Consultants' Cornpet"lve NegotiatIOn Ad. 12.30 Dlsldvantaged BUlin... Enterprise lOBE) Policy 12.31 DBE Policy: The Agency and Us conlnldors agree to ensure that Disedvantaged Business EnterpriseS as defined In 49 CFR Part 28. as amended. have the maJdmum opportunity to participate In the performance 01 conlnlds and this Agreement. In this regard, all recipients, and conlnlctors shall take all necessary and reasonable steps In accordance with 49 CFR Part 28. as amended, to ensure that the Dleadventaged Business Enterprieea ha.... the maximum opportunity to compete lor and perform conltact8. Grantees, recipients and their contreclo,. ,hall not discriminate on the basis 01 rece. COlor. national ortgln or sax In the award end performance 01 Department assisted conkeds. The recipient shall nol discriminate on the basis 01 race. COlor. national origin. or sex In the award and performance 01 any DOT·assisted conlrael or in the admlnlatration 01 its DOE program or the requirements 0149 CFR part 28. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiSCrimination In the award and edminislratlOn 01 DOT.."med conlrads. The recipient's DBE prognun, as required by 49 CFR part 28 and as approved by DOT. Is Incorponsted by reference in this agreement. Implementation 01 this prognsm Is a legal obligation and !aNure to cany out ita terms shall ba keated as a violation 01 this agreemenl Upon noliliealion to the recipient 01 ita lalluns to carry out H. approved program. the Department may impoae sanctions es provided lor under part 26 and may, In appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 andlor the Program Fnsud Civil Remedies Act 011988 (31 U.S.C. 3801 a/ seq.) 12.40 'rhe Agency agrees to report any reasonabte cau.e notice 01 noncompliance based on 49 CFR Part 26 flied under this sadion to the Department wkhln 30 days 01 reealpl by the Agency. 13.00 Restrlcllons. Prohlbltlons. Controls. and Labor Provisions: 13.10 Equal Employment Opportunity: In connadion whh the carrying out 01 any projad, the Agency shall not discriminate against any emptoyee or applicant for employment because 01 race, age, creed, color, sex or national origin. The Agen<:y will take aflIrmatlve action to ensure that applicants are employed, and that employ_ are treated during employment, without regard to their race, age, creed, color, sex. or national origin. Such action sha.lnclude, but not be timned to, the following: Employment upgrading,