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A TRUE COPY
<br /> CERTIFICATION ON LAST PAGE
<br /> J.R. SMITH, CLERK
<br /> PUBLIC TRANSPORTATION 72PUBLI6
<br /> PUBLIC
<br /> JOINT PARTICIPATION AGREEMENT TRANSPORTAnON
<br /> OGC-06k016
<br /> Page 13 of 17
<br /> 12.80 Disposal of Project Facilities or Equipment. If the Agency disposes of any Project facility or equipment during
<br /> 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. The Agency must remit said proportional amount to the Department within one (1) year
<br /> after the official date of disposal.
<br /> 12.90 Contractual Indemnity. To the extent provided by Section 768.28, Florida Statues, the Agency shall indemnify,
<br /> defend, and hold harmless the Department and all of its officers, agents, avid employees from any claim, loss, damage,
<br /> cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees,
<br /> during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under
<br /> this paragraph for any claim, loss,damage,cost,charge, or expense arising out of any act, error,omission, or negligent act
<br /> by the Department or any of its officers, agents, or employees during the performance of the Agreement. Nothing in this
<br /> Agreement shall be construed as a waiver by the Agency of any sovereign immunity protections that may be provided by
<br /> Section 768.28, Florida Statutes
<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 will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine
<br /> whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the
<br /> Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim
<br /> shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency The
<br /> 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
<br /> trial.
<br /> 13.00 Plans and Specifications. In the event that this Agreement involves the purchasing of capital equipment or the
<br /> constructing and equipping of facilities, where plans and specifications have been developed, the Agency shall provide
<br /> an Engineer's Certification that certifies Project compliance as listed below, or in Exhibit"C" if applicable. For the plans,
<br /> specifications, construction contract documents, and any and all other engineering, construction, and contractual
<br /> documents produced by the Engineer, hereinafter collectively referred to as"plans", the Agency will certify that:
<br /> a) All plans comply with federal, state, and professional standards as well as minimum standards established
<br /> by the Department as applicable;
<br /> b) The plans were developed in accordance with sound engineering and design principles, and with generally
<br /> accepted professional standards,
<br /> c) The plans are consistent with the intent of the Project as defined in Exhibits "A" and "B" of this Agreement
<br /> as well as the Scope of Services, and
<br /> d) The plans comply with all applicable laws, ordinances, zoning and permitting requirements, public notice
<br /> requirements, and other similar regulations
<br /> Notwithstanding the provisions of this paragraph, the Agency, upon request by the Department, shall provide plans and
<br /> specifications to the Department for review and approvals.
<br /> 14.00 Project Completion, Agency Certification. The Agency will certify in writing on or attached to the final invoice,
<br /> 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 /> 15.00 Appropriation of Funds:
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