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375-030-12
<br />PROCUREMENT
<br />OGC – 9/16
<br />Page A4 of 11
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<br />4. INDEMNITY AND INSURANCE:
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<br />A. If the Consultant is an individual or entity licensed by the state of Florida who holds a current certificate of
<br />registration under Chapter 481, Florida Statutes, to practice architecture or landscape architecture, under
<br />Chapter 472, Florida Statutes, to practice land surveying and mapping, or under Chapter 471, Florida
<br />Statutes, to practice engineering, and who enters into a written agreement with the Department relating to the
<br />planning, design, construction, administration, study, evaluation, consulting, or other professional and
<br />technical support services furnished in connection with any actual or proposed construction improvement,
<br />alteration, repair, maintenance, operation, management, relocation, demolition, excavation, or other facility,
<br />land, air, water, or utility development or improvement, the Consultant will indemnify and hold harmless the
<br />Department, and its officers and employees, from liabilities, damages, losses, and costs, including, but not
<br />limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally
<br />wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in the
<br />performance of the contract.
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<br />The parties agree that 1% of the total compensation to the Consultant for performance of this Agreement is the
<br />specific consideration from the Department to the Consultant for the Consultant's indemnity agreement.
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<br />B. The Consultant will have and maintain during the term of this Agreement, a professional liability insurance
<br />policy or policies, or an irrevocable letter of credit established pursuant to Chapter 675 and Section 337.106,
<br />Florida Statutes, with a company or companies authorized to do business in the State of Florida, affording
<br />professional liability coverage for the professional services to be rendered in accordance with this Agreement
<br />in the amount specified in the Agreement.
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<br />C. Under the terms of this agreement, the plans, reports and recommendations of the Consultant will be
<br />reviewed by the Department for conformity with Department standards and agreement terms. However,
<br />review by the Department does not constitute detailed review or checking of design components and related
<br />details, or the accuracy with which designs are depicted on the plans.
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<br />D. Acceptance of the work by the Department or Agreement termination does not constitute Department
<br />approval and will not relieve the Consultant of the responsibility for subsequent corrections of any errors
<br />and/or omissions and the clarification of any ambiguities. The Consultant shall make all necessary revisions
<br />or corrections resulting from errors and/or omissions on the part of the Consultant without additional
<br />compensation. If these errors and/or omissions are discovered during the construction of the project, they
<br />shall be corrected without additional compensation.
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<br />5. COMPLIANCE WITH LAWS:
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<br />A. All final plans, documents, reports, studies and other data prepared by the Consultant shall bear the
<br />professional's seal/ signature, in accordance with the applicable Florida Statute that governs and
<br />Administrative Rules promulgated by the Department of Business and Professional Regulation, and
<br />guidelines published by the Department, in effect at the time of execution of this Agreement. In the event that
<br />changes in the Statute or Rules create a conflict with the requirements of the published guidelines,
<br />requirements of the Statute and/or Rules shall take precedence.
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<br />B. Chapter 337.162 Florida Statutes applies as follows:
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<br />(1) If the Department has knowledge or reason to believe that any person has violated the provisions of state
<br />professional licensing laws or rules, it will submit a complaint about the violations to the Department of
<br />Business and Professional Regulation. The complaint will be confidential.
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<br />(2) Any person who is employed by the Department and who is licensed by the Department of Business and
<br />Professional Regulation and who, through the course of his employment, has knowledge to believe that
<br />any person has violated the provisions of state professional licensing laws or rules will submit a complaint
<br />about the violations to the Department of Business and Professional Regulation. Failure to submit a
<br />complaint about the violations may be grounds for disciplinary action pursuant to Chapter 455 and the
<br />state licensing law applicable to that licensee. The complaint will be confidential.
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<br />(3) Any confidential information submitted to the Department of Business and Professional Regulation will
<br />remain confidential pursuant to Chapter 455 and applicable state law.
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<br />DocuSign Envelope ID: A4AD1F85-7AED-446C-B47A-9804B3DF3740
<br />F-54
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