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2010-289
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2010-289
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Last modified
2/23/2016 10:46:31 AM
Creation date
10/1/2015 2:34:45 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/16/2010
Control Number
2010-289
Agenda Item Number
8.I.
Entity Name
Florida Department of Transportation
Subject
Landscape Maintenance Memorandum of Agreement
Resolution 2010-096
Area
SR 60 between 66th Ave. and 58th Ave.
Supplemental fields
SmeadsoftID
9880
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B . If the DEPARTMENT cancels the Landscape improvements described in Exhibit B , this <br /> Agreement becomes void and the original Agreement is reinstated if any . <br /> 11 . LIABILITY AND INSURANCE REQUIREMENTS <br /> A . With respect to any of the AGENCY ' S agents , consultants , sub- consultants , contractors , <br /> and/or sub-contractors , such party in any contract for the landscape improvements shall <br /> agree to indemnify , defend , save and hold harmless the DEPARTMENT from all claims , <br /> demands , liabilities , and suits of any nature arising out of, because of or due to any <br /> intentional and/or negligent act or occurrence , omission or commission of such agents , <br /> consultants , subconsultants , contractors and /or subcontractors . The AGENCY shall <br /> provide to the DEPARTMENT written evidence of the foregoing upon the request of the <br /> DEPARTMENT . It is specifically understood and agreed that this indemnification clause <br /> does not cover or indemnify the DEPARTMENT for its own negligence . <br /> B . In the event that AGENCY contracts with a third party to provide the services set forth <br /> herein , any contract with such third party shall include the following provisions : <br /> ( a ) AGENCY ' S contractor shall at all times during the term of this Agreement keep and <br /> maintain in full force and effect , at contractor' s sole cost and expense , <br /> Comprehensive General Liability with minimum limits of $ 1 , 000 , 000 . 00 per <br /> occurrence combined single limit for Bodily Injury Liability and Property Damage <br /> Liability and Worker' s Compensation insurance with minimum limits of $ 500 , 000 . 00 <br /> per Liability . Coverage must be afforded on a form no more restrictive that the <br /> latest edition of the Comprehensive General Liability and Worker' s Compensation <br /> policy without restrictive endorsements , as filed by the Insurance Services Office <br /> and shall name the DEPARTMENT as an additional insured . <br /> ( b ) AGENCY ' S contractor shall furnish AGENCY with Certificates of Insurance of <br /> Endorsements evidencing the insurance coverages specified herein prior to the <br /> beginning performance of work under this Agreement . <br /> ( c) Coverage is not to cease and is to remain in full force and effect (subject to <br /> cancellation notice ) until all performance required of AGENCY ' S contractor is <br /> completed . All policies must be endorsed to provide the DEPARTMENT with at <br /> least thirty ( 30 ) days notice of cancellation and or/or restriction . If any of the <br /> insurance coverages will expire prior to the completion of work , copies of renewal <br /> policies shall be furnished at least ( 30 ) days prior to the date of expiration . <br /> 12 . This writing embodies the entire Agreement and understanding between the parties hereto <br /> and there are no other Agreements and understanding , oral or written , with reference to <br /> the subject matter hereof that are not merged herein and superseded hereby . <br /> 13 . The DEPARTMENT , during any fiscal year , shall not expend money , incur any liability , <br /> or enter into any contract which , by its terms , involves the expenditure of money in <br /> excess of the amounts budgeted as available for expenditure during such fiscal year. <br /> Any contract , verbal or written , made in violation of this subsection is null and void , and <br /> no money may be paid on such contract . The DEPARTMENT shall require a statement <br /> Page 6 of 18 <br />
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