2014-046 - Laserfiche WebLink

Home Browse Search

A tRUE COPY CERTIFICATION ON LAST PAGE ! � . t[vtlTH, CLERK mechanics, laborers, and materialmen with respect to any construction, alteration and repair ordered by it to and on the IMPOUNDMENT SITES, and any improvements thereon. Furthermore, the MOSQUITO CONTROL shall not have authority to create any mortgages on the IMPOUNDMENT SITES or liens for labor or material on or against the IMPOUNDMENT SITES. All persons contracting with the MOSQUITO CONTROL for the construction or removal of any structure, or for the erection, installation, alteration or repair of any structure or improvement on the IMPOUNDMENT SITES, including all materialmen, contractors, mechanics and laborers involved in such work., shall be notified that they must look to the MOSQUITO CONTROL only to secure the payment of any bill or account for work done, material furnished, or money owed during the term of this Agreement 11. The DISTRICT and the MOSQUITO CONTROL shall not use or permit the IMPOUNDMENT SITES to be used in violation of any valid present or future laws, ordinances, rules or regulations of any public or governmental authority at any time applicable thereto relating to sanitation or the public health, safety, morals or welfare, or relating to the management activities in, and use of, the IMPOUNDMENT SITES. It is understood and agreed by the parties that there shall be no factliues except those directly related to the operation and maintenance of the IMPOUNDMENT SITES for stormwater management, public education and recreation. 12. The MOSQUITO CONTROL and other governmental agencies or organizations involved in management or restoration related activities on the IMPOUNDMENT SITES shall, throughout the term of this Agreement, provide, maintain, and keep in force a program of insurance or self-insurance covering its liabilities as prescribed by Section 768 28, Florida Statutes. The DISTRICTS liability is further limited by the provisions of Section 373.1395, Florida Statutes. Nothing in this Agreement shall be construed as a waiver of the MOSQUITO CONTROL'S or the DISTRICTS sovereign immunity under Section 768.28, Florida Statutes, or any other provision of law. 13. Should day-to-day management responsibilities he undertaken by or subcontracted to non-governmental, environmental or educational organizations or agencies, or other private entities, then such entities shall be required to obtain from an insurance company licensed in the State and acceptable to the MOSQUITO CONTROL and the DISTRICT worlanan's compensation and general and vehicle liability msurance, as appropnate, providing for mutually acceptable minimum limits. The MOSQUITO CONTROL and the DISTRICT shall be named as an additional insured party for any such policies. Furthermore, any such non-governmental organizations or agencies shall protect, defend, save, indemnify, and hold the MOSQUITO CONTROL and the DISTRICT harmless from and against any and all liability for loss or damage to property or death or injury to persons, resulting from the activities of such non- governmental organization or agency. 14. The DISTRICT reserves the right for itself, its agents, consultants and employees, upon reasonable notice to the MOSQUITO CONTROL (emergencies exempted) to enter upon the IMPOUNDMENT SITES for the purpose of water management, for the purpose of inspecting the IMPOUNDMENT SITES and determining compliance with the temps of tlus Cooperative Agreement Page 3 of 7 Indian River Mosquito Control District