Fort Walton Beach Council agenda — 08-16-2010 Special-Resignation and Replace City Attorney — reading text

1, 000, 000 Each Occurrence /Annual Aggregate. The maximum per claim deductible applicable on the policy with respect to liability arising out of the rendering or failure to render professional services in the performance of the work for the CITY shall not exceed $ 10, 000. If the SUCCESSFUL PROPOSER subcontracts any of the work, then the SUCCESSFUL PROPOSER shall require the Subcontractor to maintain Professional Liability as described in the foregoing paragraphs. B. The insurance provided by the SUCCESSFUL PROPOSER and its Subcontractors shall apply on a primary basis. Any insurance maintained by the CITY shall be in excess of and shall not contribute with the insurance provided by the SUCCESSFUL PROPOSER and its Subcontractors. Except as otherwise specified, no deductible or self -insured retention is permitted. C. Compliance with these insurance requirements limit liability of the shall not the SUCCESSFUL PROPOSER or its Subcontractors. Any remedy provided to the CITY by the insurance provided by the SUCCESSFUL PROPOSER and its Subcontractors shall be in addition to and not in lieu of any other remedy ( including, but not limited to, as an indemnitee of the SUCCESSFUL PROPOSER) available to the CITY under this Contract or otherwise. D. Neither approval nor failure to disapprove insurance furnished by the SUCCESSFUL PROPOSER shall relieve the SUCCESSFUL PROPOSER or its Subcontractors from responsibility to provide insurance as required by this Contract. E. INDEMNIFICATION BY SUCCESSFUL PROPOSER 1. Subject to the maximum amounts of indemnity pursuant to Paragraph 2 for liability caused in whole or in part by an indemnitee, the SUCCESSFUL PROPOSER shall hold harmless, indemnify and defend the CITY and its officers and employees against any claim, action, loss, damage, injury, liability, cost or expense of whatever kind or nature ( including but not by way of limitation, attorney' s fees and court costs) arising out of bodily injury to persons including death, or damage to tangible property ( other than to the work itself), arising out of or incidental to the Page 9 of 10 RFQ - City Attorney  performance of this Contract or work performed by or on behalf of the SUCCESSFUL PROPOSER or its Subcontractors hereunder, whether or not due to or caused in part by the negligence or other culpability of the CITY or its officers or employees, excluding only the sole negligence or culpability of the CITY or its officers or employees. 2. The obligation of the SUCCESSFUL PROPOSER to hold harmless, indemnify and defend an indemnitee or indemnities pursuant to Paragraph 1 from liability caused in whole or in part by any act, omission or default by an indemnitee or indemnities shall be limited to the greater of $500, 000 per occurrence or the amount of valid and collectible insurance available to the SUCCESSFUL PROPOSER with respect to the SUCCESSFUL PROPOSER' S indemnity obligation. This monetary limitation shall not apply with respect to the SUCCESSFUL PROPOSER' S obligation to indemnify an indemnitee or indemnities from that portion of liability, which has not been caused in while or in part by any act, omission, or default by an indemnitee or indemnities. End of Text Page 10 of 10 RFQ - City Attorney