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2013-059
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2013-059
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Last modified
10/30/2015 9:35:26 AM
Creation date
10/1/2015 5:13:16 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/19/2013
Control Number
2013-059
Agenda Item Number
8.E.
Entity Name
State of Florida Department of Transportation
Subject
Maintenance Memorandum of Agreement
landscape improvement
Area
State Road A1A right of way
Supplemental fields
SmeadsoftID
11825
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A TRUE COPY <br /> CERTIFICATION ON LAST PAGE <br /> J . R . SMITH , CLERK <br /> 6. This Agreement may be terminated under any one ( 1 ) of the following conditions : <br /> (a) By the DEPARTMENT, if the AGENCY fails to perform its duties under <br /> Paragraph 3 , following ten ( 10) days ' written notice to the AGENCY. <br /> (b) By the DEPARTMENT, for refusal by the AGENCY to allow public access to <br /> all documents, papers, letters, or other material subject to the provisions of <br /> Chapter 119, Florida Statutes, and made or o received by the AGENCY in <br /> conjunction with this Agreement, after ten ( 10) days ' notice to the AGENCY. <br /> (c) By the AGENCY, in its discretion, upon thirty (30) days' written notice to the <br /> DEPARTMENT accompanied by the AGENCY ' s written agreement, at its sole <br /> cost and expense, . to promptly restore the Project area, as nearly as reasonably <br /> practicable, to its condition prior to the Project, such restoration to be subject to <br /> the reasonable approval of the DEPARTMENT. <br /> i <br /> 7. The term of this Agreement commences upon execution. <br /> 8 . The AGENCY is a political subdivision as defined in Section 768 .28, Florida Statutes, <br /> and agrees to be fully responsible for acts and omissions of its agents or employees . <br /> Nothing in this Agreement shall be construed or interpreted to serve as a waiver of <br /> sovereign immunity by any party such that liability is extended beyond the limitations <br /> established by law. Nothing herein shall be construed as consent by a state agency or <br /> political subdivision of the State of Florida to be sued by third parties in any matter <br /> arising out of this Agreement or any other contract. <br /> 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) The AGENCY' s contractor shall, at all times prior to completion of the Project <br /> and during the performance of any maintenance required pursuant to Paragraph 3 , keep <br /> and 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 occurrence <br /> combined single limit for Bodily Injury Liability and Property Damage Liability and <br /> Worker' s Compensation insurance with minimum limits of $500,000.00 per Liability. <br /> Coverage must be afforded on a form no more restrictive than the latest edition of the <br /> Comprehensive General Liability and Worker's Compensation policy without restrictive <br /> endorsements, as filed by the Insurance Services Office and shall name DEPARTMENT <br /> as an additional insured. <br /> (b) The AGENCY' s contractor shall furnish the AGENCY with Certificates of <br /> Insurance of Endorsements evidencing the insurance coverage specified herein prior to <br /> 6 <br />
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