|
A. i) To the extent allowed by Section 768.28,Florida Statutes, the COUNTY hereby agrees
<br /> to indemnify, defend, save and hold harmless the DEPARTMENT and all of its officers, agents or
<br /> employees from all suits, actions,claims,demands, liabilities of any nature whatsoever arising out of,
<br /> because of, or due to breach of this Agreement by the COUNTY, its officers, agents, employees,
<br /> contractors/subcontractors, consultants/sub-consultants or due to any negligent or intentional act or
<br /> occurrence of omission or commission of the COUNTY, its officers, agents, employees,
<br /> contractors/subcontractors, consultants/sub-consultants. Neither COUNTY nor any of its officers,
<br /> agents, employees, contractors/subcontractors, consultants/sub-consultants will be liable under this
<br /> section for the negligence of the DEPARTMENT or any of its officers, agents or employees.
<br /> ii) When either party receives notice of claim for damages that may have been caused by
<br /> the other party in the performance of services required under this Agreement, that party will
<br /> immediately forward the claim to the other party. Each party will evaluate the claim, and report its
<br /> findings to each other within fourteen(14)working days and jointly discuss options in defending the
<br /> claim. A party's failure to promptly notify the other of a claim will not act as a waiver or any right
<br /> herein.
<br /> iii) The COUNTY agrees to include the following indemnification in all contracts with
<br /> contractors/subcontractors, consultants/sub-consultants, who perform work in connection with this
<br /> Agreement:
<br /> "The contractor/consultant shall indemnify, defend,save and hold harmless the DEPARTMENT and
<br /> all of its officers,agents or employees from all suits, actions, claims, demands,liability of any nature
<br /> whatsoever arising out of, because of, or due to any negligent or intentional act or occurrence of
<br /> omission or commission of the contractor, its officers, agents or employees. Neither the
<br /> contractor/consultant,nor any of its officers, agents or employees will be liable under this section for
<br /> damages arising out of injury or damage to persons or property directly caused or resulting from the
<br /> sole negligence of the DEPARTMENT or any of its officers, agents or employees."
<br /> B. LIABILITY INSURANCE: The COUNTY shall carry and keep in force during the period of
<br /> this Agreement a general liability insurance policy or policies with a company or companies
<br /> authorized to do business in Florida, affording public liability insurance with combined bodily injury
<br /> limits of at least$100,000 per person and 5300,000 each occurrence, and property damage insurance
<br /> of at least$50,000 each occurrence,for the services to be rendered in accordance with this Agreement.
<br /> In addition to any other forms of insurance or bonds required under the terms of the agreement,when
<br /> it includes construction within the limits of a railroad right-of-way, the COUNTY must provide or
<br /> cause its contractor to provide insurance coverage in accordance with Section 7-13 of the
<br /> DEPARTMENT'S Standard Specification for Road and Bridge Construction(2000), as amended.
<br /> C. WORKER'S COMPENSATION: The COUNTY shall also carry and keep in force Worker's
<br /> Compensation insurance as required for the State of Florida under the Worker's Compensation Law.
<br /> 6. COMPLIANCE WITH LAWS
<br /> A. The COUNTY shall allow public access to all documents, papers, letters, or other material
<br /> subject to the provisions of Chapter 119,Florida Statutes, and made or received by the COUNTY in
<br /> conjunction with this Agreement. Failure by the COUNTY to grant such public access shall be
<br /> grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT.
<br />
|