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2016-144
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Last modified
9/23/2016 10:34:53 AM
Creation date
9/23/2016 10:34:51 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/20/2016
Control Number
2016-144
Agenda Item Number
8.E.
Entity Name
Florida Department of Transportation
Subject
Small County Outreach Program
Area
58th Ave. from 26th St. to 57th St.
Project Number
434840-1-54-01
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Florida Statutes: 850-03501 <br /> 334.044(7) PROGRAM MANAGEMENT <br /> OGC—12/15 <br /> Page 10 of 20 <br /> just claims for materials,supplies,tools,or labor and other just claims against the Recipient <br /> or any subcontractor, in connection with this Agreement. Additionally, the Recipient <br /> agrees to include the following indemnification in all contracts with <br /> contractors/subcontractors and consultants/sub consultants who perform work in <br /> connection with this Agreement. <br /> "To the fullest extent permitted by law the Recipient's contractor shall indemnify and hold <br /> harmless the Recipient,the State of Florida,Department of Transportation, and its officers <br /> and employees, from liabilities, damages, losses and costs, including, but not limited to, <br /> reasonable attorney's fees, to the extent caused by the negligence, recklessness or <br /> intentional wrongful conduct of contractor and persons employed or utilized by contractor <br /> in the performance of this Agreement. <br /> This indemnification shall survive the termination of this Agreement. Nothing contained <br /> in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and <br /> the Recipient's sovereign immunity. <br /> To the fullest extent permitted by law,the Recipient's consultant shall indemnify and hold <br /> harmless the Recipient,the State of Florida,Department of Transportation,and its officers <br /> and employees from liabilities, damages, losses, and costs, including, but not limited to, <br /> reasonable attorney fees to the extent caused, in whole or in part, by the professional <br /> negligence, error or omission, recklessness, or intentional wrongful conduct of the <br /> consultant or persons employed or utilized by the consultant in the performance of the <br /> Agreement. <br /> This indemnification shall survive the termination of this Agreement. Nothing contained <br /> in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and <br /> the Recipient's sovereign immunity." <br /> 17. The Recipient shall provide Workers' Compensation Insurance in accordance with <br /> Florida's Workers' Compensation law for all employees. If subletting any of the work, <br /> ensure that the subcontractor(s) have Workers' Compensation Insurance for their <br /> employees in accordance with Florida's Workers' Compensation law. If using "leased <br /> employees" or employees obtained through professional employer organizations <br /> ("PEO's"), ensure that such employees are covered by Workers' Compensation insurance <br /> through the PEO's or other leasing entities. Ensure that any equipment rental agreements <br /> that include operators or other personnel who are employees of independent Contractors, <br /> sole proprietorships or partners are covered by insurance required under Florida's Workers' <br /> Compensation law. <br /> 18. The Recipient shall, or cause its contractor or consultant to carry Commercial General <br /> Liability insurance providing continuous coverage for all work or operations performed <br /> under the Agreement. Such insurance shall be no more restrictive than that provided by the <br /> latest occurrence form edition of the standard Commercial General Liability Coverage <br /> Form(ISO Form CG 00 01) as filed for use in the State of Florida. Cause the Department <br /> to be made an Additional Insured as to such insurance. Such coverage shall be on an <br /> "occurrence" basis and shall include Products/Completed Operations coverage. The <br /> coverage afforded to the Department as an Additional Insured shall be primary as to any <br />
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