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1998-005
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1998-005
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Last modified
3/3/2016 8:49:37 PM
Creation date
12/30/2015 3:43:06 PM
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Resolutions
Resolution Number
1998-005
Approved Date
01/13/1998
Resolution Type
Authorizing signing
Public Transportaton Joint Participation
Entity Name
Agreement iwth Florida Department of Transportation
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room ns-� <br /> NlaUC TRANV ADMIN <br /> OOC•09196 <br /> Pap 9ofII <br /> 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and <br /> 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. The <br /> Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities <br /> or equipment. <br /> 14.71 Property Regards: The Agency agrees to maintain property records,conduct physical inventories and develop <br /> 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 remit <br /> to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional <br /> amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this <br /> Agreement. <br /> 14.90 Contractual Indemnity: To the extent provided by law,the Agency shall indemnify,defend,and hold harmless <br /> the Department and all of its officers,agents, and employees from any claim,loss,damage, cost, charge,or expense arising <br /> out of any act, error, omission, or negligent act by the Agency, its agents, or employees. during the performance of the <br /> Agreement,except that neither the Agency,its agents,or its employees will be liable under this paragraph for any claim,loss, <br /> damage, cost, charge,or expense arising out of any act, error,omission, or negligent act by the Department or any of its <br /> officers,agents,or employees during the performance of the Agreement. <br /> When the Department receives a notice of claim for damages that may have been caused by the Agency in the <br /> performance of services required under this Agreement,the Department will immediately forward the claim to the Agency. <br /> The Agency and the Department will evaluate the claim and report their findings to each other within fourteen(14)working <br /> days and willjointly disci options in defending the claim. After reviewing the claim, the Department will determine whether <br /> to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in <br /> such claim as described In this section. The Department's failure to promptly notify the Agency <br /> Of a claim shall not act as it waiver of any right herein to require the participation in or defense of the claim by the Agency. <br /> The Department and the Agency will each pay its own expenses for the evaluation,settlement negotiations,and trial,if any. <br /> However,if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. <br /> 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the <br /> constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and <br /> specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written <br /> approval with any approved portions of the project and comments or recommendations concerning any remainder of the project <br /> deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the <br /> Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval <br /> shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. <br /> 16.00 Project Completion, Agency Certification:The Agency will certify in writing on or attached to the final <br /> invoice,that the project was completed in accordance with applicable plans and specifications,is in place on the Agency facility, <br /> that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. <br /> 17.00 Appropriation of Funds: <br /> 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual <br /> appropriation by the Legislature. <br />
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