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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000.01
<br />PUBLIC TRANSPORTATION STRATEGIC
<br />DEVELOPMENT
<br />GRANT AGREEMENT Occ10124
<br />severance payments, incentive payments, contributions to a retirement plan or in-kind
<br />payments, reimbursements, or allowances for moving expenses, vehicles and other
<br />transportation, telephone services, medical services, housing and meals.
<br />v. "State Funds" means funds paid from the General Revenue Fund or any state trust
<br />fund, funds allocated by the Federal Government and distributed by the state, or funds
<br />appropriated by the Federal Government and distributed by the state, or funds
<br />appropriated by the state fo distribution through any grant program. The term does
<br />not include funds used for the Medicaid program.
<br />i. Design Services and Construction Engineering and Inspection Services. If the Project
<br />is wholly or partially funded by the Department and administered by a local governmental
<br />entity, except for a seaport listed in Section 311.09, Florida Statutes, or an airport as defined
<br />in Section 332.004, Florida Statutes, the entity performing design and construction
<br />engineering and inspection services may not be the same entity.
<br />18. Indemnification and Insurance:
<br />a. It is specifically agreed between the Parties executing this Agreement that it is not intended
<br />by any of the provisions of any part of this Agreement to create in the public or any member
<br />thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to
<br />this Agreement to maintain a suit for personal injuries or property damage pursuant to the
<br />terms or provisions of this Agreement. The Agency guarantees the payment of all just claims
<br />for materials, supplies, tools, or labor and other just claims against the Agency or any
<br />subcontractor, in connection with this Agreement. Additionally, to the extent permitted by law
<br />and as limited by and pursuant to the provisions of Section 768.28, Florida Statutes, the
<br />Agency shall indemnify, defend, and hold harmless the State of Florida, Department of
<br />Transportation, including the Department's officers and employees, from liabilities, damages,
<br />losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused
<br />by the negligence, recklessness, or intentional wrongful misconduct of the Agency and
<br />persons employed or utilized by the Agency in the performance of this Agreement. Nothing
<br />contained in this paragraph is intended to nor shall it constitute a waiver of the Department's
<br />or the Agency's sovereign immunity. This indemnification shall survive the termination of this
<br />Agreement. Additionally, the Agency agrees to include the following indemnification in all
<br />contracts with contractors/subcontractors and consultants/subconsultants who perform work
<br />in connection with this Agreement:
<br />"To the fullest extent permitted by law, the Agency's contractor/consultant shall indemnify,
<br />defend, and hold harmless the Agency and the State of Florida, Department of Transportation,
<br />including the Department's officers and employees, from liabilities, damages, losses and
<br />costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the
<br />negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and
<br />persons employed or utilized by the contractor/consultant in the performance of this
<br />Agreement.
<br />This indemnification shall survive the termination of this Agreement."
<br />b. The Agency shall provide Workers' Compensation Insurance in accordance with Florida's
<br />Workers' Compensation law for all employees. If subletting any of the work, ensure that the
<br />subcontractor(s) and subconsultant(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 ("PEO's"),
<br />ensure that such employees are covered by Workers' Compensation Insurance through the
<br />PEO's or other leasing entities. Ensure that any equipment rental agreements that include
<br />operators or other personnel who are employees of independent contractors, sole
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