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Contract Number: MSA20100902LEC
<br />SECTION 19. SUBCONTRACTORS. In the event that CONSULTANT, during the course of the
<br />work under this Agreement, requires the services of subcontractors or other professional associates in
<br />connection with services covered by this Agreement, CONSULTANT must first secure the prior express
<br />written approval of the CITY. If subcontractors or other professional associates are required in
<br />connection with the services covered by this Agreement, CONSULTANT shall remain fully responsible
<br />for the services of subcontractors or other professional associates.
<br />SECTION 20. INDEMNIFICATION OF CITY. Per Florida Statues 725.08 CONSULTANT shall
<br />indemnify and hold harmless the City, and its officers and employees, from liabilities, damages, losses
<br />and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the
<br />negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons
<br />employed by the CONSULTANT in the performance of the contract."
<br />SECTION 21. INDEMNIFICATION AND HOLD HARMLESS. In addition to and without
<br />limitation of the foregoing provisions regarding protection of the CITY from liabilities the
<br />CONSULTANT, agree for good and valuable consideration, receipt of which is acknowledged by your
<br />submission of a bid, to protect, defend, indemnify and hold the City of Casselberry, its officials, officers,
<br />employees, representatives, and agents free and harmless from and against any and all losses, penalties,
<br />damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and
<br />character, to the extent, arising out of or relating to any and all claims, liens, demands, obligations,
<br />actions, proceedings or causes of action of every kind and character in connection with or arising directly
<br />or indirectly out of the error, omission or negligent act of the CONSULTANT. Without limiting the
<br />generality of the foregoing, any and all such claims, etc., relating to personal injury, infringement of any
<br />patent, trademark, copyright (or application for any thereof) or of any other tangible or intangible
<br />personal or property right, or actual or alleged violation of any applicable statute, ordinance,
<br />administrative order, rule or regulation, or decree of any court, shall be included in the indemnity
<br />hereunder. The CONSULTANT further agrees to investigate, handle, respond to, provide defense for and
<br />defend any such claims, etc., at their sole expense and agree to bear all other costs and expenses related
<br />thereto, even if such claim is groundless, false or fraudulent.
<br />Disclaimer of Liability. The CITY will not hold harmless or indemnify any CONSULTANT for any
<br />liability whatsoever.
<br />Sovereign Immunity Reserved. The CITY reserves and does not waive any and all defenses provided to
<br />it by the laws of the State of Florida or other applicable law, and specifically reserves and does not waive
<br />the defense of sovereign immunity.
<br />SECTION 22. •INSURANCE. The CONSULTANT and any subcontractors of the CONSULTANT
<br />shall require their insurance carriers, with respect to all insurance policies, to waive all rights of
<br />subrogation against the CITY. The CONSULTANT shall submit certificates or other documentation
<br />evidence to the CITY with the signed agreement, attesting to insurance coverage for Worker's
<br />Compensation Insurance as required by the Florida Statutes, Public Liability, Property Damage Insurance,
<br />Professional Liability Insurance (when applicable) in the amount of $1,000,000.00.
<br />The City of Casselberry shall be named as an ADDITIONAL NAMED INSURED on all certificates and
<br />policies pertaining to this project, with the exception of Worker's Compensation and Professional
<br />Liability. Insurance companies must be licensed to do business in the State of Florida with a Best's Key
<br />Rating Guide rate of no less than A. This information will be verified in the CITY's discretion, and it
<br />may be grounds for cancellation of the contract if the information is not in order.
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