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<br />CONTRACTUAL SERVICES <br />Page 6 of 16 <br /> <br />Section 768.28, Florida Statutes. In claims against any person or entity <br />indemnified under this section by an employee of CONSULTANT or its <br />agents or Subconsultants, anyone directly or indirectly employed by them <br />or anyone for whose acts they may be liable, the indemnification <br />obligation under this Section shall not be limited by a limitation on amount <br />or type of damages, compensation or benefits payable by or for <br />CONSULTANT or its agents or Subconsultants, under Workers' <br />Compensation acts, disability benefits acts, or other employee benefit <br />acts. <br /> <br />When the City receives a notice of claim for damages that may have been <br />caused by the Consultant in the performance of services required by the <br />Consultant under this agreement, the City will immediately forward the <br />claim to the Consultant. The Consultant and the City will evaluate the <br />claim and report their findings to each other within seven working days. <br />The City and the Consultant will jointly discuss options in defending the <br />claim. The City's failure to notify the Consultant of a claim within seven <br />days shall not release the Consultant from any of the requirements of this <br />section upon subsequent notification by the City to the Consultant of the <br />claim. The City and the Consultant will pay their own cost for the <br />evaluation. However, if only one party participates in the defense of the <br />claim at trial, that party is responsible for all costs, but if the verdict <br />determines that there is joint responsibility the costs and liability for <br />damages will be shared in the same percentage as that judicially <br />established. <br /> <br />B . The Consultant shall have and maintain during the term of this <br />Agreement, a professional liability insurance policy or policies, or an <br />irrevocable letter of credit established pursuant to Chapter 675 and <br />Section 337.106, Florida Statutes, with a company or companies <br />authorized to do business in the State of Florida, affording professional <br />liability coverage for the professional services to be rendered in <br />accordance with this Agreement in the amount of $1,000,000. <br /> <br />CONSULTANT will obtain or possess and continuously maintain <br />insurance coverage outlined in Attachment "C" from a company or <br />companies, with a Best Rating of A- or better, authorized to do business in <br />the State of Florida, and will provide Certificates of Insurance to the CITY, <br />evidencing such insurance, prior to the execution of the Supplemental <br />Agreement. These Certificates of Insurance shall become part of this <br />Agreement. The CITY shall be named as an additional insured on the <br />CONSULTANT's liability insurance. <br /> <br />The insurance coverage shall contain a provision which requires that prior <br />to any changes in the coverage, except increases in aggregate coverage, <br /> <br />IICh-jeffersonlutll$IConsultant AgreementslDRMP Continuing Services Agreement.doc <br />