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2016-045
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Last modified
4/8/2016 10:09:47 AM
Creation date
4/8/2016 10:09:45 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Settlement Agreement
Approved Date
03/22/2016
Control Number
2016-045
Agenda Item Number
8.G.
Entity Name
Florida Department of Transportation
Subject
Small County Outreach Program
Construction and inspection
Area
CR 512 from Roseland Road to US 1
Project Number
431160-1-54-01
Alternate Name
FDOT SCOP
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Florida Statutes: 850-035-01 <br /> 334.044(7) PROGRAM MANAGEMENT <br /> OGC—12/15 <br /> Page 11 of 21 <br /> other available insurance and shall not be more restrictive than the coverage afforded to <br /> the Named Insured. The limits of coverage shall not be less than $1,000,000 for each <br /> occurrence and not less than a$5,000,000 annual general aggregate, inclusive of amounts <br /> provided by an umbrella or excess policy. The limits of coverage described herein shall <br /> apply fully to the work or operations performed under the Agreement, and may not be <br /> shared with or diminished by claims unrelated to the Agreement. The policy/ies and <br /> coverage described herein may be subject to a deductible. Pay all deductibles as required <br /> by the policy. No policy/ies or coverage described herein may contain or be subject to a <br /> Retention or a Self-Insured Retention. Prior to the execution of the Agreement, and at all <br /> renewal periods which occur prior to final acceptance of the work,the Department shall be <br /> provided with an ACORD Certificate of Liability Insurance reflecting the coverage <br /> described herein. The Department shall be notified in writing within ten days of any <br /> cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or <br /> coverage described herein. The Department's approval or failure to disapprove any <br /> policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to <br /> procure and maintain the insurance required herein, nor serve as a waiver of any rights or <br /> defenses the Department may have. <br /> 19. No funds received pursuant to this Agreement may be expended for the purpose of <br /> lobbying the Florida Legislature, the judicial branch, or any state agency, in accordance <br /> with Section 216.347, Florida Statutes. <br /> 20. The Recipient and the Department agree that the Recipient, its employees and its <br /> subcontractors are not agents of the Department as a result of this Agreement. <br /> 21. This Agreement may be canceled by the Department in whole or in part at any time the <br /> interest of the Department requires such termination. The Department also reserves the <br /> right to seek termination or cancellation of the Agreement in the event the Recipient shall <br /> be placed in either voluntary or involuntary bankruptcy. The Department further reserves <br /> the right to terminate or cancel this Agreement in the event an assignment is made for the <br /> benefit of creditors. This Agreement may be canceled by the Recipient upon sixty (60) <br /> days written notice to the Department. If the Agreement is terminated before performance <br /> is completed, the Recipient shall be paid only for that work satisfactorily performed for <br /> which costs can be substantiated. <br /> 22. The Recipient shall not assign, sublicense, or otherwise transfer its rights, duties, or <br /> obligations under this Agreement without the prior written consent of the Department, <br /> which consent will not be unreasonably withheld. Any assignment, sublicense, or transfer <br /> occurring without the required written approval will be null and void. The Department will <br /> at all times be entitled to assign or transfer its rights, duties, or obligations under this <br /> Agreement to another governmental agency in the State of Florida, upon giving prior <br /> written notice to the Recipient. In the event that the Department approves transfer of the <br /> Recipient's obligations, the Recipient remains responsible for all work performed and all <br /> expenses incurred in connection with this Agreement. <br />
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