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05/19/2015 (4)
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05/19/2015 (4)
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Last modified
12/26/2018 1:17:06 PM
Creation date
8/12/2015 1:26:13 PM
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Meetings
Meeting Type
Regular Meeting
Document Type
Agenda Packet
Meeting Date
05/19/2015
Meeting Body
Board of County Commissioners
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Florida Statutes: 850-035-01 <br /> 334.044(7) PAVEMENT MANAGEMENT <br /> OGC—02115 <br /> Page 11 of 21 <br /> 17. The Recipient shall carry and keep in force, during the term of this Agreement, a <br /> general liability insurance policy or policies with a company or companies authorized to <br /> do business in Florida, affording public liability insurance with combined bodily injury <br /> limits of at least $200,000 per person and $300,000 each occurrence, and property <br /> damage insurance of at least $200,000 each occurrence, for the services to be <br /> rendered in accordance with this Agreement. The Recipient shall also carry and keep in <br /> force Workers' Compensation Insurance as required by the State of Florida under the <br /> Workers' Compensation Law. With respect to any general liability insurance policy <br /> 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 <br /> Department certificates showing the required coverage to be in effect with <br /> endorsements showing the Department to be an additional insured prior to <br /> 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 <br /> event of any material change in or cancellation of the policies reflecting the required <br /> coverage, thirty days advance notice shall be given to the Department or as provided in <br /> accordance with Florida law. <br /> 18. No funds received pursuant to this Agreement may be expended for the purpose of <br /> lobbying the Florida Legislature, the judicial branch, or any state agency, in accordance <br /> with Section 216.347, Florida Statutes. <br /> 19. The Recipient and the Department agree that the Recipient, its employees and its <br /> subcontractors are not agents of the Department as a result of this Agreement. <br /> 20. This Agreement may be canceled by the Department in whole or in part at any time the <br /> interest-of-the-Department requires-such termination. The Department-also-reserves-the <br /> right to seek termination or cancellation of the Agreement in the event the Recipient <br /> shall be placed in either voluntary or involuntary bankruptcy. The Department further <br /> reserves the right to terminate or cancel this Agreement in the event an assignment is <br /> made for the benefit of creditors. This Agreement may be canceled by the Recipient <br /> upon sixty (60) days written notice to the Department. If the Agreement is terminated <br /> before performance is completed, the Recipient shall be paid only for that work <br /> satisfactorily performed for which costs can be substantiated. <br /> 21. The Recipient shall not assign, sublicense, or otherwise transfer its rights, duties, or <br /> obligations under this Agreement without the prior written consent of the Department, <br /> which consent will not be unreasonably withheld. Any assignment, sublicense, or <br /> transfer occurring without the required written approval will be null and void. The <br /> Department will at all times be entitled to assign or transfer its rights, duties, or <br /> obligations under this Agreement to another governmental agency in the State of <br /> Florida, upon giving prior written notice to the Recipient. In the event that the <br /> Department approves transfer of the Recipient's obligations, the Recipient remains <br /> 159 <br />
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