2018-173A (2) - Laserfiche WebLink

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FT/PT, hourly rate, benefit rate breakdown, regular and overtime hours separately, copies of time sheets, and purpose of work. 8. Liability By this Agreement, the SCHOOL BOARD recognizes that for the purposes stated, the SCHOOL BOARD is an active participant with COUNTY in this community service endeavor. Each are cognizant of the provisions of Chapter 252, Florida Statutes, pertaining to "Emergency Management," particularly Section 252.51, Florida Statutes, insulating both the SCHOOL BOARD and COUNTY from liability due to death of or injury to, any person on or about emergency shelter premises or for loss of, or damage to, the property of any such person unless the gross negligence or the willful and wanton misconduct of one of the Parties is the proximate cause of such death, injury, loss or damage occurring during such sheltering period. In addition to the COUNTY's reimbursement of the SCHOOL BOARD costs and expenses set forth above, the COUNTY shall reimburse the SCHOOL BOARD for the actual cost to repair or replace SCHOOL BOARD -owned real and personal property that is lost or damaged as a result of the use of the school facility as an emergency shelter, unless such loss or damage is caused by SCHOOL BOARD employees and unless it was caused by the actual disaster (e.g., hurricane related property damage, etc.). The SCHOOL BOARD shall promptly notify the COUNTY of any such loss or damage and COUNTY shall reimburse the SCHOOL BOARD within sixty (60) days of the receipt of invoice. If the COUNTY disputes a cost of repair or replacement, the COUNTY shall within fifteen (15) days of receipt of the invoice, provide SCHOOL BOARD with a written explanation of the basis of the dispute with regard to the disputed repair or replacement and the parties shall attempt to resolve the dispute in accordance with the provisions of Chapter 164, Florida Statutes. 9. Indemnification Subject to the provisions and only within the limitations of Section 768.28, Florida Statutes, and without waiving sovereign immunity, the Parties recognize their respective tort liability for injury or loss of property, personal injury, or death caused by the negligent or wrongful act or omission of any employee acting within the scope of the employee's office or employment. It is expressly understood that this provision shall not be construed as; i) a waiver of any right, defense or immunity that the Parties have under Chapter 768.28, Florida Statutes, or any other statute, ii) an agreement by either Party hereto to indemnify the other; or iii) consent by either Party to be sued by third parties. Each Party covenants to maintain sufficient general liability and worker's compensation coverage, unless self-insured, regarding its respective liability, throughout the term of this Agreement. 10. Insurance The Parties warrant that they are self-insured and agree to maintain general liability insurance as required by law. The Parties further agree to provide each other with a copy of said insurance certificates.