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2017-029 (2)
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2017-029 (2)
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Last modified
3/27/2017 1:36:54 PM
Creation date
3/27/2017 1:31:37 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/07/2017
Control Number
2017-029
Agenda Item Number
8.J.
Entity Name
Florida Department of Transportation
Subject
Incentive Grant Program Agreement
Intersection Improvements
Area
SR 60 & 43rd. Ave.
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5- Indemnity and Insurance <br /> A. The COUNTY agrees to include the following indemnification in all contracts with <br /> contractors/subcontractors,and consultants/sub consultants who perform work in connection with <br /> this Agreement. <br /> To the fullest extent permitted by law, the COUNTY's contractor shall indemnify and hold <br /> harmless the COUNTY, the DEPARTMENT, and its officers and employees, from liabilities, <br /> damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent <br /> caused by the negligence, recklessness or intentional wrongful misconduct of contractor and <br /> persons employed or utilized by contract in performance of this contract. <br /> This indemnification shall survive the termination of this Agreement. Nothing contained in this <br /> paragraph is intended to nor shall it constitute a waiver of the DEPARTMENT's and the <br /> COUNTY's sovereign immunity. <br /> To the fullest extent permitted by law, the COUNTY's consultant shall indemnify and hold <br /> harmless the COUNTY, the DEPARTMENT, its officers and employees, from liabilities, <br /> damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent <br /> caused, in whole or in part, by the professional negligence, error or omission, recklessness, or <br /> intentional wrongful misconduct of the consultant and persons employed or utilized by the <br /> consultant in performance of this Agreement. <br /> This indemnification shall survive the termination of this Agreement. Nothing contained in this <br /> paragraph is intended to nor shall it constitute a waiver of the DEPARTMENT's, and the <br /> COUNTY's sovereign immunity. <br /> B. LIABILITY INSURANCE. The COUNTY shall cause the DEPARTMENT to be an <br /> Additional Insured on any and all liability policies which provided coverage for tort liability to the <br /> COUNTY in connection with its operations relating to the Project. The COUNTY shall furnish <br /> evidence of such coverage to the DEPARTMENT prior to the commencement of such operations <br /> in the form of an ACORD Certificate of Liability Insurance together with copies of any and all <br /> applicable Additional Insured endorsements. In the event the COUNTY has no such insurance <br /> coverage but instead maintains a self-insurance fund to cover such liabilities,the COUNTY agrees <br /> it shall disclose to the DEPARTMENT the amount of such self-insurance available. <br /> The COUNTY shall require any and all contractors, subcontractors, consultants, and <br /> subconsultants it may enter into agreements with in connection with the Project to cause the <br /> DEPARMTENT and the COUNTY to be made Additional Insureds on any and all liability policies <br /> providing coverage to said contractors, subcontractors, consultants, and subconsultants for their <br /> operations relating to the Project. <br /> C. WORKERS' COMPENSATION. The COUNTY shall also carry or cause its <br /> contractors, subcontractors, consultants and subconsultants it may enter agreements with in <br /> Page 7 <br />
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