|
to the Dispute Board. The members so appointed shall jointly appoint an additional member to the
<br />Dispute Board. The Dispute Board shall review the facts, agreement terms and applicable statutes
<br />and rules and make a determination of the dispute. The determination of the Dispute Board shall
<br />be final and binding on the parties hereto. Appeals from grant recipients regarding reimbursement
<br />decisions made by the County shall be handled as disputes and determined by the Dispute Board
<br />in the same manner as previously described.
<br />5. Indemnification.
<br />A. The County shall indemnify and hold harmless the Cities and their officers, agents
<br />employees and elected officials, or any of them, from any and all claims, actions, suits, liability,
<br />loss, costs, expenses and damages of any nature whatsoever by any reason of or arising out of any
<br />act or omission of the County, its officers, agents, employees and elected officials, or any of them,
<br />relating to or arising out of the performance of this contract. In the event that any suit based upon
<br />such a claim, action, loss or damage is brought against the Cities, the County shall defend that
<br />same at its sole cost and expense, provided that the Cities retain the right to participate in said suit
<br />if any principle or governmental or public law is involved, and if final judgment be rendered
<br />against the Cities or their officers, agents, employees and elected officials, or any of them, or
<br />jointly against the Cities and the County and their respective officers, agents, employees and
<br />elected officials, or any of them, the County shall satisfy the same.
<br />B. The City/Cities shall indemnify and hold harmless the County and its officers,
<br />agents, employees and elected officials, or any of them, from any and all claims, actions, suits,
<br />liability, loss, costs, expenses and damages of any nature whatsoever, by any reason of or arising
<br />out of any act or omission of the City/Cities, their officers, agents, employees and elected officials,
<br />or any of them, relating to or arising out of the performance of this contract. In the event that any
<br />suit bases upon such a claim, action, loss or damage is brought against the County, the City/Cities
<br />shall defend the same at its sole cost and expense; provided that the County retains the right to
<br />participate in said suit if any principle of governmental or public law is involved; and if final
<br />judgment be rendered against the County or its officers, agents, employees and elected officials,
<br />or any of them, or jointly against the County and the City/Cities and their respective officers,
<br />agents, employees and elected officials, or any of them, the City/Cities shall satisfy the same.
<br />6. Insurance. Each party shall maintain general liability coverage at all times, and such
<br />liability coverage documents shall be made available to the other party on an annual basis. Each
<br />party may choose to share the other party's coverage documents with their insurance carrier or risk
<br />pool. The failure of any insurance carrier or self -insured pooling organization to agree to or follow
<br />the terms of this section shall not relieve any individual party from its obligations under this
<br />Agreement.
<br />7. Future support. No party to this Agreement makes any commitment to future support and
<br />assumes no obligation for future support of any activity contracted for herein, except as may be
<br />expressly set forth in this Agreement.
<br />8. Compliance with laws. Each party hereto, in its performance of this Agreement, agrees to
<br />comply with all applicable local, State, and Federal laws and ordinances.
<br />Page 9of11
<br />Page 415 of 452
<br />
|