|
PUBLIC TRANSPORTATION 72 5-030-06
<br />PUBLIC
<br />PUBLIC
<br />JOINT PARTICIPATION AGREEMENT TRANSPORTATION
<br />occ - oenme
<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, and 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:
<br />fDAj
<br />
|