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FORM 725-03008
<br /> PUBLIC TRANSP ADMIN-07/00
<br /> Page 9 of 12
<br /> 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities
<br /> and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such
<br /> facilities and equipment as determined in accordance with general accounting principles and approved by the Department.
<br /> The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said
<br /> facilities or equipment.
<br /> 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories
<br /> and develop control systems as required by 49 CFR Part 18,when applicable.
<br /> 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment
<br /> during its useful.life for any purpose except its replacement with like facility or equipment for public transportation use,the
<br /> Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to
<br /> remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said
<br /> proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment
<br /> as provided in this Agreement.
<br /> 14.90 Contractual Indemnity: To the extent provided by law,the Agency shall indemnify,defend, and hold
<br /> harmless the Department and all of its officers, agents, and employees from any claim, loss,damage, cost, charge, or
<br /> expense arising out of any act,error, omission, or negligent act by the Agency, its agents, or employees during the
<br /> performance of the Agreement, except that neither the Agency,its agents,or its employees will be liable under this
<br /> paragraph for any claim, loss,damage, cost, charge,or expense arising out of any act, error, omission, or negligent act by
<br /> the Department or any of its officers, agents,or employees during the performance of the Agreement.
<br /> The parties recognize and accept the funding restrictions set forth in Section 339.135(6)(a), and Section 129.07, Florida
<br /> Statutes,which may affect each of the parties'obligations. Those provisions are as follows:
<br /> (a)The Department during any fiscal year shall not expend money, incur any liability, or enter into any contract
<br /> which, by its.terms,involves the expenditure of money in excess of the amounts budgeted as available for
<br /> expenditure during such fiscal year. Any contract,verbal or written, made in violation of this subsection is nu!I and
<br /> void, and no money may be paid on such contract. The Department shall require a statement from the
<br /> Comptroller of the Department that funds are available prior to entering into any such contract or other binding
<br /> commitment of funds. Nothing herein contained shall prevent the.making of contracts for periods exceeding one
<br /> (1)year, but any contract so made shall be executory only for the value of the services to be rendered or agreed
<br /> to be paid for in succeeding fiscal years. Section 339.135(6)(a), Florida Statutes.
<br /> (b) It is unlawful for the Board of County Commissioners to expend or contract for the expenditure in any fiscal
<br /> year more than the amount budgeted in each fund's budget, except as provided herein, and in no case shall the
<br /> total appropriations of any budget be exceeded, except as provided in s. 129.06, and any indebtedness contracted
<br /> for any purpose against either of the funds enumerated in this chapter or for any purpose,the expenditure for
<br /> which is chargeable to either of said funds, shall be null and void,and no suit or suits shall be prosecuted in any
<br /> court in this state for the collection of same, and members of the Board of County Commissioners voting for and
<br /> contracting for such amounts and the bonds of such members of said boards also shall be liable for the excess
<br /> indebtedness so contracted for. Section 129.07, Florida Statutes.
<br /> When either party receives a notice of claim for damages that may have been caused by the other party in the
<br /> performance of services required under this Agreement,that party will immediately forward the claim to the other party.
<br /> Each party will evaluate the claim and report its findings to each other within fourteen (14)working days and will jointly
<br /> discuss options in defending the claim.
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