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<br /> 14.70 Vse and Mlaintestance of PrWect 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 /> fadlitia and equipment a,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 Records: The Agency agrees a 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 Pan 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 indemnlfy,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 disc us ins 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 a 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 Plana 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 /> specificatiora covering the project. The Department will review all plans and specifications and will issue to the Agency written
<br /> approval with any approved pa'tions 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.
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