Federal Tort Claims Act/Insurance. In accordance with the provisions of Pub.L. 101-512, Title III, § 314, 104 Stat. 1959, as amended Pub.L. 103-138, Title III, § 308, 107 Stat. 1416 (25 U.S.C. § 5321, for purposes of Federal Tort Claims Act coverage under this Agreement, the Tribe and its employees are deemed to be employees of the Federal government while performing TTP work under this Agreement. This status is not changed by the source of the funds used by the Tribe to pay the employee’s salary and benefits unless the employee receives additional compensation for performing covered services from anyone other than the Tribe. The Tribe is also authorized to use the funds provided under this Agreement to purchase such insurance coverage as may be necessary and prudent, in the determination of the Tribe. In full recognition of and without undermining the federal tort claims protection provided in this section, the Parties understand and agree that prudent project management requires that tribal contractors purchase adequate workers compensation, auto and general liability insurance when completing construction projects funded under this Agreement. Accordingly, the Tribe shall include in any construction contracts entered into with funds provided under this Agreement a requirement that tribal contractors maintain workers compensation, auto and general liability insurance coverage consistent with statutory minimums and local construction industry standards. The Parties understand and agree that this insurance requirement does not apply to the Tribe itself.
Federal Tort Claims Act/Insurance. BAO represents that its employees and contractors are entitled to coverage under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§1346(b), 2401(b), 2671-80. This Agreement does not entitle the College/University to the status of a federal government contractor or agent, and does not extend coverage under the FTCA to College faculty and students participating in the clinical education program.
Federal Tort Claims Act/Insurance. For purposes of the Federal Tort Claims Act, the Tribe and its employees are deemed employees of the Federal government while performing work under the TTPA. • Tribe authorized to use funds provided under TTPA to purchase insurance coverage. • Tribal contractors required to purchase and maintain adequate workers compensation, auto, and general liability insurance coverage with statutory minimums and local construction industry standards when completing construction projects under TTPA. • Insurance requirement does not apply to the Tribe itself. • Preference given to Indians and Indian organizations/Indian-owned economic enterprises. • Tribe to have full and open competition procurement standards. • Tribal labor and force account may be used. • Tribe must provide a written request to FHWA to justify using a procurement method not established in its procurement standards or force account procedures. • Tribe agrees to allow FHWA officials or their designees/representatives to perform an annual review of the Tribe’s TTP. • Allows FHWA to carry out its oversight and stewardship responsibilities. • Within 45 days of completion of review, FHWA will provide a draft report to the Tribe for comment. • After receipt of comments from the Tribe, or after an additional 45 days, the report will be put into final form and distributed accordingly.
