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375.030.12
<br />PROCUREMENT
<br />Paae AS of 9
<br />The Consultant hereby certifies, covenants and warrants that wage rates and other factual unit costs
<br />provided the Department to support the compensation are accurate, complete and current as of the
<br />date of this Agreement. It is further agreed that the Agreement price will be adjusted to exclude any
<br />significant sums by which the Department determines the Agreement price was increased due to
<br />inaccurate, incomplete or non-current wage rates and other factual unit costs. All such Agreement
<br />adjustments must be made within one year following the end of the Agreement For this purpose,
<br />the end of the A reament is the date of final billing or acceptance of the work by the Department,
<br />whichever is later.
<br />K. The Department, during any fiscal year, will not expend money, incur any liability, or enter into any contract which, by
<br />its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during
<br />such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money
<br />may be paid on such contract. The Department will require a statement from the comptroller of the Department that
<br />funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein
<br />contained will prevent the making of contracts for periods exceeding one year, but any contract so made shall be
<br />executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years.
<br />Accordingly, the Department's performance and obligation to pay under this Agreement is contingent upon an annual
<br />appropriation by the Legislature.
<br />INDEMNITY AND INSURANCE:
<br />A. The Consultant will indemnify, defend, and hold harmless the Department and all of its officers, agents and employees
<br />from any claim, loss, damage, cost, charge or expense arising out of any act, error, omission or negligent act by the
<br />Consultant, its agents, employees, or subcontractors during the performance of the Agreement, except that neither the
<br />Consultant, its agents, employees nor any of its subconsultants will be liable under this paragraph for any claim, loss,
<br />damage, cost, charge or expense arising out of any act, error, omission or negligent act by the Department or any of
<br />its officers, agents or employees during the performance of the Agreement.
<br />When the Department receives a notice of claim for damages that may have been caused by the Consultant in the
<br />performance of services required by the Consultant under this agreement, the Department will immediately forward the
<br />claim to the Consultant. The Consultant and the Department will evaluate the claim and report their findings to each
<br />other within seven working days. The Department and the Consultant will jointly discuss options in defending the
<br />claim. After reviewing the claim, the Department will determine whether to require the participation of the Consultant in
<br />the defense of the claim or to require that the Consultant defend the Department in such claim as described in this
<br />section. The Department's failure to notify the Consultant of a claim within seven days will not release the Consultant
<br />from any of the requirements of this section upon subsequent notification by the Department to the Consultant of the
<br />claim. The Department and the Consultant will pay their own cost for the evaluation, settlement negotiations and trial,
<br />if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs,
<br />but if the verdict determines that there is joint responsibility the costs and liability for damages will be shared in the
<br />same percentage as that judicially established.
<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.
<br />B. The Consultant will have and maintain during the term of this Agreement, a professional liability insurance policy or
<br />policies, or an irrevocable letter of credit established pursuant to Chapter 6752nd Section 337.106, Florida Statutes,
<br />with a company or companies authorized to do business in the State of Florida, affording professional liability coverage
<br />for the professional services to be rendered in accordance with this Agreement in the amount specified in the
<br />Agreement.
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