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Traffic Signal Maintenance Agreement - Provide Routine & Emergency Maintenance of Entire Traffic Signal System – INDOT
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Traffic Signal Maintenance Agreement - Provide Routine & Emergency Maintenance of Entire Traffic Signal System – INDOT
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8/10/2021 2:41:57 PM
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Board of Public Works
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Contracts
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8/10/2021
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<br />Page 17 of 42 <br />3.19 FUNDING CANCELLATION. As required by Financial Management Circular 2007-1 and <br />IC §5-22-17-5, when the Director of the State Budget Agency makes a written determination that <br />funds are not appropriated or otherwise available to support continuation of the performance of this <br />Agreement, this Agreement shall be canceled. A determination by the Director of State Budget <br />Agency that funds are not appropriated or otherwise available to support continuation of performance <br />shall be final and conclusive. <br />3.20 GOVERNING LAW. This Agreement shall be governed, construed, and enforced in <br />accordance with the laws of the State of Indiana, without regard to its conflict of laws rules. Suit, if <br />any, must be brought in the State of Indiana. <br />3.21 HIPAA COMPLIANCE. [OMITTED – NOT APPLICABLE] <br />3.22 INDEMNIFICATION. The CITY agrees to indemnify, defend, and hold harmless the State, <br />its agents, officials, and employees from all third party claims and suits including court costs, attorney’s <br />fees, and other expenses caused by any act or omission of the CITY and/or its agents, officials, <br />employees, contractors and subcontractors, if any, in the performance of this Agreement. The State <br />shall not provide such indemnification to the CITY. <br />3.23 INDEPENDENT ENTITY; WORKERS’ COMPENSATION INSURANCE. The CITY <br />is performing as an independent entity under this Agreement. No part of this Agreement shall be <br />construed to represent the creation of an employment, agency, partnership or joint venture agreement <br />between the Parties. Neither Party will assume liability for any injury (including death) to any persons, <br />or damage to any property, arising out of the acts or omissions of the agents, employees, contractors <br />or subcontractors of the other Party. The CITY shall provide all necessary unemployment and workers’ <br />compensation insurance for the CITY’s employees, and shall provide the State with a Certificate of <br />Insurance evidencing such coverage prior to starting work under this Agreement. <br />3.24 INDIANA VETERAN OWNED SMALL BUSINESS ENTERPRISES COMPLIANCE. <br />[OMITTED—NOT APPLICABLE.] <br />3.25. INFORMATION TECHNOLOGY ENTERPRISE ARCHITECTURE <br />REQUIREMENTS. [OMITTED – NOT APPLICABLE] <br />3.26 INSURANCE. If the CITY retains contractors to perform traffic signal maintenance under <br />this Agreement, it shall require its contractors to list INDOT as an additional insured, and in addition, <br />it will require the contractor to secure and keep in force during the Term of this Agreement the
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