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525-010-40
<br />PROJ MGT, RESEARCH & CEV OFC
<br />OGC - 11/03
<br />Page 9 of 12
<br />.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision
<br />:red, perform any other act or do any other thing in contravention of any applicable state law, provided, that if any of the
<br />;visions of the Agreement violate any applicable.state law, the Agency will at once notify the Department in writing in
<br />ter that appropriate changes and modifications may be made by the Department and the Agency to the end that the
<br />ency may proceed as soon as possible with the project.
<br />.07 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold
<br />rmless the Department and all its officers, agents and employees from any claim, loss, damage, cost, charge or
<br />pense arising out of any act, error, omission or negligent act by the Agency, its officers, agents or employees during the
<br />rformance of the Agreement except that neither the Agency, its officers, agents or its employees will be liable under this
<br />ragraph for any claim, loss, damage, cost, charge or expense arising out of any act, error, omission or negligent act by
<br />Department or any of its officers, agents or employees during the performance of the Agreement.
<br />len the Department receives a notice of claim for damages that may have been caused by the Agency in the
<br />rformance of services required under this Agreement, the Department will immediately forward the claim to the Agency.
<br />e Agency and the Department will evaluate the claim and report their findings to each other within 14 working days and
<br />II jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to
<br />luire the participation of the Agency in the defense of the claim or to require the Agency defend the Department in such
<br />lim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a
<br />Liver of any right herein to require the participation in or defense of the claim by the Agency. The Department and the
<br />lency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one
<br />rty participates in the defense of the claim at trial, that party is responsible for all expenses at trial.
<br />le parties agree that this clause shall not waive the benefits or provisions of Section 768.28, Florida Statutes, or any
<br />nilar provision of law.
<br />,.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the
<br />ate Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications
<br />vering the project. The Department will review all plans and specifications and will issue to the Agency written approval
<br />th any approved portions of the project and comments or recommendations covering any remainder of the project
<br />:emed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the
<br />apartment will issue to the Agency written approval regarding the remainder of the project. Failure to obtain this written
<br />.proval shall be sufficient cause for nonpayment by the Department.
<br />.09 Right of Way Certification: Upon completion of right of way activities on the project, the Agency must certify
<br />mpliance with all applicable federal and state requirements. Certification is required prior to advertisement for or
<br />licitation of bids for construction of the project, including those projects for which no right of way is required.
<br />..10 Agency Certification: The Agency will certify in writing, prior to project closeout, that the project was completed
<br />accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the
<br />lency, and that the project is accepted by the Agency as suitable for the intended purpose.
<br />.11 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words
<br />ed in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include
<br />gender:,.
<br />.12 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts,
<br />ch of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the
<br />me instrument.
<br />.13 Restrictions on Lobbying:
<br />!deral: The Agency agrees that no federally appropriated funds have been paid, or will be paidby or on behalf of the
<br />ency, to any person for influencing or attempting to influence any officer or employee o.f any federal agency, a member
<br />Congress an officer or employee of Congress, or an employee of a member of Congress in connection with the
<br />carding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any
<br />operative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract,
<br />ant, loan, or cooperative agreement.
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