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Rule 14-98.005, F.A.C.
<br />500-065-01
<br />SAFETY
<br />06/10
<br />(a) The copyright in any work developed under a subgrant or contract under a subgrant; and
<br />(b) Any rights of copyright to which a subgrantee or a contractor purchases ownership with subgrant support.
<br />18. Property Accountability. The subgrantee or its implementing agency shall establish and administer a system to
<br />control, protect, preserve, use, and maintain and dispose of any property furnished by the Department, or purchased
<br />pursuant to this agreement in accordance with Federal Property Management Standards as set forth in 49 CFR, Section
<br />18.32, 49 CFR 19, Section 19.34, or OMB Circular A-110, incorporated herein by reference. This obligation continues as
<br />long as the property is retained by the subgrantee or its implementing agency, notwithstanding the expiration of this
<br />agreement.
<br />19. Disputes. Any dispute, disagreement, or question of fact arising under the agreement shall be decided by the State
<br />Safety Office in writing and shall be distributed to parties concerned. A written appeal may be made within 30 calendar
<br />days to the Governor's Highway Safety Representative at the Florida Department of Transportation, 605 Suwannee
<br />Street, MS 57, Tallahassee, Florida 32399-0450, whose decision is final. The subgrantee and its implementing agency
<br />shall proceed diligently with the performance of the agreement and in accordance with Department's decision.
<br />20. Conferences, Inspection of Work. Conferences may be held at the request of any party to this agreement.
<br />Representatives of the Department or the U.S. Department of Transportation (USDOT), or both, shall be privileged to visit
<br />the site for the purpose of inspection and assessment of work being performed at any time.
<br />21. Publication and Printing of Observational Surveys and Other Reports.
<br />(a) Before publication or printing, the final draft of any report or reports required under the agreement or pertaining to
<br />the agreement shall be submitted to the State Safety Office for review and concurrence.
<br />(b) Each publication or other printed report covered by Paragraph 21.a. above shall include the following statement
<br />on the cover page:
<br />(1) This report was prepared for the State Safety Office, Department of Transportation, State of Florida, in
<br />cooperation with the National Highway Traffic Safety Administration, U.S. Department of Transportation
<br />and/or Federal Highway Administration, U.S. Department of Transportation.
<br />(2) The conclusions and opinions expressed in these reports are those of the subgrantee and do not necessarily
<br />represent those of the State of Florida, Department of Transportation, State Safety Office, the U.S.
<br />Department of Transportation, or any other agency of the State or Federal Government.
<br />22. Equal Employment Opportunity. No person shall, on the grounds of race, color, religion, sex, handicap, or national
<br />origin, be excluded from participation in, be refused the benefits of, or be otherwise subjected to discrimination under this
<br />subgrant, or any project, program, or activity that receives or benefits from this subgrant award. The subgrantee and its
<br />implementing agency agree to comply with Executive Order (E.O.) 11246, as amended by E.O. 11375, and as
<br />supplemented by 41 CFR, Part 60, incorporated herein by reference.
<br />23. Responsibility for Claims and Liability. Subject to the limitations of Section 768.28, Florida Statutes, the
<br />subgrantee and its implementing agency shall be required to defend, hold harmless and indemnify the Department,
<br />NHTSA, FHWA, and USDOT, from all claims and liability, or both, due to negligence, recklessness, or intentional wrongful
<br />misconduct of subgrantee, implementing agency, and its contractor, consultant, agents and employees. The subgrantee
<br />and its implementing agency shall be liable for any loss of, or damage to, any material purchased or developed under this
<br />subgrant agreement which is caused by the subgrantee's or its implementing agency's failure to exercise such care in
<br />regard to said material as a reasonable careful owner of similar materials would exercise.
<br />The parties executing this agreement specifically agree that no provision in this agreement is intended to create in the
<br />public or any member thereof, a third party beneficiary, or to authorize anyone not a party to this agreement to maintain a
<br />suit for personal injuries or property damage pursuant to the terms or provisions of this agreement.
<br />24. Disadvantaged Business Enterprises (DBE).
<br />(a) The subgrantee and its implementing agency agree to the following assurance:
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