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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
<br /> PROGRAM MANAGEMENT
<br /> LOCAL AGENCY PROGRAM AGREEMENT OGCIOOc-12/18
<br /> Page 11 of 15
<br /> [RECIPIENT] and the State of Florida, Department of Transportation, including the Department's
<br /> officers, agents, and employees, against any actions, claims, or damages arising out of, relating
<br /> to, or resulting from negligent or wrongful act(s) of [ENTITY], or any of its officers, agents, or
<br /> employees, acting within the scope of their office or employment, in connection with the rights
<br /> granted to or exercised by [ENTITY] hereunder, to the extent and within the limitations of Section
<br /> 768.28, Florida Statutes.
<br /> The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits
<br /> set forth in Florida Statutes, Section 768.28. Nor shall the same be construed to constitute
<br /> agreement by [ENTITY] to indemnify [RECIPIENT] for the negligent acts or omissions of
<br /> [RECIPIENT], its officers, agents, or employees, or third parties. Nor shall the same be construed
<br /> to constitute agreement by [ENTITY] to indemnify the Department for the negligent acts or
<br /> omissions of the Department, its officers, agents, or employees, or third parties. This
<br /> indemnification shall survive the termination of this Agreement."
<br /> d. The Recipient shall, or cause its contractor or consultant to carry and keep in force,during the term of this
<br /> Agreement, a general liability insurance policy or policies with a company or companies authorized to do
<br /> business in Florida,affording public liability insurance with combined bodily injury limits of at least$200,000
<br /> per person and $300,000 each occurrence, and property damage insurance of at least $200,000 each
<br /> occurrence, for the services to be rendered in accordance with this Agreement. The Recipient shall also,
<br /> or cause its contractor orconsultant to carry and keep in force Workers' Compensation Insurance as
<br /> required by the State of Florida under the Workers'Compensation Law. With respect to any general liability
<br /> insurance policy required pursuant to this Agreement, all such policies shall be issued by companies
<br /> licensed to do business in the State of Florida. The Recipient shall provide to the Department certificates
<br /> showing the required coverage to be in effect with endorsements showing the Department to be an
<br /> additional insured prior to commencing any work under this Agreement. Policies that include Self Insured
<br /> Retention will not be accepted. The certificates and policies shall provide that in the event of any material
<br /> change in or cancellation of the policies reflecting the required coverage, thirty days advance notice shall
<br /> be given to the Department or as provided in accordance with Florida law.
<br /> 16. Maintenance Obligations: In the event the Project includes construction then the following provisions are
<br /> incorporated into this Agreement:
<br /> a. The Recipient agrees to maintain any portion of the Project not located on the State Highway System
<br /> constructed under this Agreement for its useful life. If the Recipient constructs any improvement on
<br /> Department right-of-way, the Recipient
<br /> ® shall
<br /> ❑ shall not
<br /> maintain the improvements located on the Department right-of-way for their useful life. If the Recipient is
<br /> required to maintain Project improvements located on the Department right-of-way beyond final
<br /> acceptance, then Recipient shall, prior to any disbursement of the state funding provided under this
<br /> Agreement, also execute a Maintenance Memorandum of Agreement in a form that is acceptable to the
<br /> Department. The Recipient has agreed to the foregoing by resolution, and such resolution is attached and
<br /> incorporated into this Agreement as Exhibit"D".This provision will survive termination of this Agreement.
<br /> 17. Miscellaneous Provisions:
<br /> a. The Recipient will be solely responsible for compliance with all applicable environmental regulations, for
<br /> any liability arising from non-compliance with these regulations, and will reimburse the Department for any
<br /> loss incurred in connection therewith. The Recipient will be responsible for securing any applicable permits.
<br /> The Recipient shall include in all contracts and subcontracts for amounts in excess of$150,000,a provision
<br /> requiring compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air
<br /> Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-
<br /> 1387).
<br /> b. The Department shall not be obligated or liable hereunder to any individual or entity not a party to this
<br /> Agreement. 92
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