Fiscal Note
The 2010 Fire Department Operating Budget includes revenue of $22,640 in anticipation of this contract. The proposed indemnification language has been reviewed by the City's Risk Manager. The City's risk exposure is increased by this agreement, but the exposure is covered by insurance, subject to its terms and conditions.
Title
Approving the acceptance of a contract with the Department of Commerce for the tank program.
Body
The Fire Department is currently providing professional services under contract with the State of Wisconsin Department of Commerce. This contract extension expires on June 30, 2010. The Fire Department has been notified by the Department of Commerce of award of a contract to provide professional services for plan review and approval of tank systems and to conduct required inspections. The term of every contract is July 1 2010 through June 30, 2011. The contract also includes extension options of five one year periods. The contract amount is estimated at $23,120 for the first year.
Contract language as to indemnification and insurance provisions does not comply with the City's standard policy for contracts. The language is contained in Section I (R) of the contract.
NOW THEREFORE BE IT RESOLVED that City approve acceptance of the contract awarded by the State of Wisconsin Department of Commerce.
BE IT FURTHER RESOLVED THAT the City approve the following indemnification and insurance provisions contained in Section I ( R) of the contract:
Disclaimer of Liability and Hold Harmless Provision. Neither the Department, nor any of its officers employees shall be held liable for any improper or illegal, intentional, negligent incorrect performance of the Contract by the Contractor. The Contractor further AGREES TO INDEMNIFY AND HOLD HARMLESS the Department and all of its employees from any loss, liability, costs (including court costs) and attorneys' fees, for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of services, loss of profits or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the performance and/or non-performance of the Contract by the Contractor.
BE IT STILL FURTHER RESOLVED that the Mayor, Clerk and other designated City officials are authorized to execute the necessary documents accepting this contract and the Fire Chief is authorized to execute contract extensions.