10-2135 Continuing Professional Utilities Services Consultant Agreement

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CONTRACTUAL SERVICES Page 9 of 20 Consultant, its agents, servants, employees, or Subconsultants. Nothing herein shall be deemed to affect the rights, privileges, and immunities of the City as set forth in Section 768.28, Florida Statutes. In claims against any person or entity indemnified under this section by an employee of Consultant or its agents or Subconsultants, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Section shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for Consultant or its agents or Subconsultants, under Workers' Compensation acts, disability benefits acts, or other employee benefit acts. When the City receives a notice of claim for damages that may have been caused by the Consultant in the performance of services required by the Consultant under this agreement, the City will immediately forward the claim to the Consultant. The Consultant and the City will evaluate the claim and report their findings to each other within seven working days. The City and the Consultant will jointly discuss options in defending the claim. After reviewing the claim, the City will determine whether to require the participation of the Consultant in the defense of the claim or to require that the Consultant defend the City in such claim as described in this section. However, Consultant's defense obligations shall be as described in the first paragraph of this Section. The City's failure to notify the Consultant of a claim within seven days shall not release the Consultant from any of the requirements of this section upon subsequent notification by the City to the Consultant of the claim. The City and the Consultant will pay their own costs for the evaluation. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs, but if the verdict determines that there is joint responsibility the costs and liability for damages will be shared in the same percentage as that judicially established. B . The Consultant shall have and maintain during the term of this Agreement, a professional liability insurance policy or policies, or an irrevocable letter of credit established pursuant to Chapter 675 and Section 337.106, Florida Statutes, with a company or companies authorized to do business in the State of Florida, affording professional liability coverage for the professional services to be rendered in accordance with this Agreement in the amount of $1,000,000. Consultant will obtain or possess and continuously maintain insurance coverage outlined in Attachment "A" from a company or companies, with a Best Rating of A- or better, authorized to do business in the State of Florida, and will provide Certificates of Insurance to the City, evidencing