Fort Walton Beach Council agenda — 11-13-12 regular — reading text

terminate this contract upon the occurrence of Okaloosa County agree and obligating itself to undertake funding though taxes, assessments, or any other means for the animal control services provided by PAWS as set forth in this contract within the jurisdictional limits of the City. IL PAWS shall, during the term, and at its sole expense, obtain and keep in force, with the City named as additional insured: Commercial general liability insurance including personal injury, bodily injury, broad form property damage and operations hazard, and products and completed liability in limits not less than $ 1, 000, 000. 00 for each occurrence and $2, 000, 000. 00 in the aggregate. PAWS shall famish evidence satisfactory to City of the existence of and mainmin of such insurance prior or contemporaneous with the commencement of the term and thereafter at least ( 15) days prior to the data in which such policy is required m be renewed. PAWS shall . obtain a written obligation on the part of each insurance company to notify the City at least thirty ( 30) days prior to the cancellation of each insurance. Packet Pg. 26  8. 1. 2. a A policy of workers' compensation insurance in compliance with applicable Florida law. The workers' compensation insurance policy shall include employer' s liability insurance with limits of liability not less than $ 500, 000. 00 for each accident/ $ 1, 000, 000. 00 per employee for disease! $ 1, 000, 000. 00 policy limit for disease. A policy providing automobile liability insurance which provides a minimum of 1, 000,000 coverage for the exposure created by the use of "any Auto ", as described by the use of symbol I or the individual insurance company' s' equivalent, in the policy. The City has the right to periodically review the insurance requirements of this lease and adjust the requirements in order to conform to common standards, practices and economic conditions in existence at the time of such review. Rating: All policies required to be maintained by PAWS pursuant to this section shall be issued in a form acceptable to the City by insurance companies having and maintaining at least an A- rating in the most currently available " Best Insurance Reports" and qualified to do business in Florida. In no event shall any policy or policies provided for um a deduction for any type of coverage in excess of $1, 000.00. Failure to provide or maintain coverage as provided in this section shall be deemed an event of default hereunder. ludermity: PAWS shall protect, defcad, indemnify and hold the City' s officials UE0 and employees, harmless from all claims, demands causes of action or liability, resulting from injury to or death of persons or damage to or loss of property sustained and arising i from PAWS operations or as a proximate result of the acts or omissions of PAWS insurer is Qa responsible under this section. This provision does not apply, however, to any such liability 0 as may be the result of the direct and proximate negligence or willful misconduct of City of City' s employees or agents acting within the scope of their employment. 3 v Party Responsibility and Sovereign Immunity: To the extent allowed by the Laws a of the State of Florida and pursuant to Florida Statute 768.28, each parry hereby agrees to be responsible for all claims, demands, habilities, and suits of any name arising out of, because of, or due to any negligent act or occurrence, omission or commission of the party, it' s officers, employees, or agents, except as insured by PAWS insurance coverage provided herein. Nothing is intended to serve as a waiver of the sovereign immunity of the City. IN WITNESS WHEREOF, the parties have hereunto executed this contract this _ day of 2012. Witness: City of Fort Walton Beach City Manager Witness: Panhandle Animal Welfare Society President Packet Pg. 27  22! O 277($ 7 { f / E( t 0„ I w S |# 3 kr\ z MO m) > 0 j m\ cc, mm G) Z) Tm o* Omow mw o 20 : 7 }[ j rn o0- 2 mmm w Imm ( om 00 M\ 7  I B\ t o 4 R O\ w / 7© 5OR g CD wzo zm o Do, mom i \\ 4 = moox ow m. § 0 mm W. 0 om E moo mo 0 \\ om 3 El Qa  8. 1. 2. b O D D<>; OOD' O Sl dOa EO Om m OO mO aN 00>> O3 o m 3 <; b Om O33z a O7 3a , m O s 3< 32 m z m :. Db m3 <, b 0 OT = n c¢ a 3 <^ O 3 D' 1 ; o TO°. N mOn A mnd W OA' O ACn m3O0,'<3q _: a z o - 3q o o D N S D N m 3 D J m 56 D D N D Dam m O yn 0 m N bA w m y 6606 AOa m mod OHO Nw Z 3 mww T S spy m 5 < aNO 1 00 N 9 < Mml S. nwm w N MMO mmo W m° mm ? m H> J N m mmOZmO T KOO m tiO ZD x 0n