Contracting Requirements and Language for CSOs

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The following are clauses which must be inserted into contracts when a Citizen Support Organization (CSO) works with outside vendor(s):

The first is a hold harmless clause, which shall be included in all contracts with service or commodity providers:

  1. “The Contractor shall save and hold harmless and indemnify the State of Florida, the Department of Environmental Protection and the CSO against any and all liability, claims, judgments or costs of whatsoever kind and nature for injury to, or death, of any person or persons and for the loss or damage to any property resulting from the use, service, operations or performance of work under the terms of this Contract, resulting from the negligent acts of the Contractor, his subcontractor, or any of the staff, agents or representatives of the Contractor or subcontractor to the extent allowed by law.”

The second, is a clause for contracts or grants with other governmental entities such as a county, school board, or other public agencies:

  1. “Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its staff and agents.  However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes.”

The third, is a clause is for use with a contract with Federal agencies:

  1. “Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its staff and agents.However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes or a waiver by the Contractor or CSO of the protections afforded under the Federal Tort Claims Act.”

The fourth, is a clause to use with any contractor who has employees. The purpose is to inform a contractor and their employees that they are responsible for their staff, and their staff is not entitled to State of Florida workers’ compensation:

  1. “To the extent required by law, the Contractor will be self-insured against, or will secure and maintain during the life of this Contract, Workers’ Compensation Insurance for all of his staff connected with the work of this project and, in case any work is subcontracted, the Contractor shall require the subcontractor similarly to provide Workers’ Compensation Insurance for all of the latter’s staff unless such staff are covered by the protection afforded the Contractor.Such self-insurance program or insurance coverage shall comply fully with the Florida Workers’ Compensation law. In case any class of staff engaged in hazardous work under this Contract is not protected under Workers’ Compensation statutes, the Contractor shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the CSO, for the protection of his staff not otherwise protected.”

The fifth, is a clause to be included with service providers in addition to the appropriate hold harmless agreements:

  1. “The Contractor, as an independent contractor, and not an agent, representative, or employee of the Department of Environmental Protection or the CSO, agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except as specifically provided in the Contract.”