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Docusign Envelope ID: DD6419B1-D058-4328-B4A1-B466EB9BEA06 <br />FPN: 450583-2-32-01 Page 3 of 12 <br />contract with the DEPARTMENT's chosen engineer, and the Project shall be exclusively <br />controlled by the DEPARTMENT. As such, to the extent permitted by law, the DEPARTMENT <br />agrees to indemnify and hold harmless the LOCAL GOVERNMENT from any and all liability <br />and/or claims of any kind arising out of the DEPARTMENT's own negligence associated with <br />the Project and to defend, indemnify, and hold harmless the LOCAL GOVERNMENT against all <br />suits, liability, claims, or damages arising from contractual disputes with the DEPARTMENT's <br />engineer or associated with claims alleging a failure to comply with applicable law regarding the <br />Project, specifically including procurement laws. Neither party intends, and this Agreement shall <br />not be construed, to waive sovereign immunity or the monetary limits, or the type of damages <br />recoverable, under section 768.28, Florida Statutes, as that section may be amended from time <br />to time. Further, the DEPARTMENT agrees to require its engineer for the Project to waive and <br />release any and all claims for liability or damages whatsoever it may have against the LOCAL <br />GOVERNMENT arising out of the Project. <br />4. Participation by the LOCAL GOVERNMENT in the funds for the design phase of <br />the Project shall be made as follows: <br />(A) The DEPARTMENT'S current estimate of cost for the Additional <br />Improvements is $293,341.00 (Two Hundred Ninety -Three Thousand Three Hundred <br />Forty -One Dollars and No/100). The DEPARTMENT'S performance and obligation to <br />construct the Project is contingent upon an annual appropriation by the Florida <br />Legislature. The parties agree that in the event funds are not appropriated to the <br />DEPARTMENT for the Project, this Agreement may be terminated, which shall be <br />effective upon the DEPARTMENT giving written notice to the LOCAL GOVERNMENT to <br />that effect. <br />(B) The Project is being funded by the LOCAL GOVERNMENT in the amount <br />of $293,341.00 (Two Hundred Ninety -Three Thousand Three Hundred Forty -One <br />Dollars and No/100). Said funds are programmed under Financial Project Number <br />(FPN) 450583-2-32-01. As described in paragraph 5(C) below, the LOCAL <br />GOVERNMENT agrees that it will provide the balance of the funding necessary to <br />complete the Project. <br />(C) The LOCAL GOVERNMENT agrees that it will, within at least fourteen <br />(14) calendar days of the execution of this Agreement, furnish the DEPARTMENT an <br />advance deposit in the amount of $293,341.00 (Two Hundred Ninety -Three Thousand <br />Three Hundred Forty -One Dollars and No/100) for full payment of the estimated <br />project cost for Locally Funded project number 450583-2-32-01. The advance deposit <br />shall be the total estimated project cost plus allowances, including contingency. The <br />