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03/19/2013AP
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03/19/2013AP
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Last modified
6/26/2018 1:15:40 PM
Creation date
3/23/2016 8:56:14 AM
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Template:
Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
03/19/2013
Meeting Body
Board of County Commissioners
Book and Page
311
Supplemental fields
FilePath
H:\Indian River\Network Files\SL00000E\S0004N2.tif
SmeadsoftID
14207
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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 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 /> 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 /> 70 <br />
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