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<br />both parties. This agreement may not be orally modified. Any modification beyond
<br />initialed changes in the body of this contract must be in writing, expressly titled a
<br />modification, amendment, addendum or extension to this contract, attached to this
<br />contract, and signed by both parties.
<br />
<br />5. FORCE MAJEURE: Neither party shall be liable for loss or damage
<br />suffered as a result of any delay or failure in performance under this contract or
<br />interruption of performance resulting directly or indirectly from acts of God, civil or
<br />military authority, acts of public enemy, war, riots, civil disturbances, insurrections,
<br />accidents, fire, explosions, floods, water, wind, lightning strikes or labor disputes
<br />to the extent such events are beyond the reasonable control of the party claiming
<br />excuse from liability resulting therefrom. If a "force majeure event" does occur, the
<br />parties agree to negotiate an extension of the contract as appropriate, provided such
<br />extension does not authorize the provision of contractual services beyond June 30,
<br />2001.
<br />
<br />6. LIABILITY: Each agency shall bear the liability arising from acts
<br />undertaken by its personnel pursuant to this contract. All of the privileges and
<br />immunities from liability, exemption from law, ordinances and rules, all pension,
<br />insurance, relief, disability, workers' compensation, salary, death and other benefits
<br />which apply to the activity of such officers, agents or employees of any such agency
<br />when performing their respective functions for their respective public agencies shall
<br />apply to them to the same degree, manner and extent while engaged in the
<br />performance of any of their functions and duties under the provisions of this
<br />contract. The provisions of this section shall apply with equal effect to volunteer
<br />and auxiliary employees.
<br />
<br />In no event, shall a participating agency or political subdivision be liable for
<br />suit or claim for damages resulting from the acts of another participating agency.
<br />Furthermore, any claim of liability asserted against DABT or a CONTRACTOR may
<br />be su~ject to the limitations of liability set forth in Sections 768.28, and 284.31,
<br />Florida Statutes.
<br />
<br />7. PAYMENT:
<br />
<br />A. Section 215.422, Florida Statutes, provides that state agencies have five
<br />(5) working days to inspect and approve goods and services, unless bid
<br />specifications, the contract, or the purchase order specifies otherwise. With the
<br />exception of payments to health care providers for hospital, medical, or other health
<br />care ,services, if payment is not available within forty (40) days, measured from the
<br />latter of the date the invoice is received, or the goods or services are received,
<br />inspected and approved, a separate interest penalty of .02740% will be due and
<br />SUNNY ISLES BEACH POLICE DEPARTMENT
<br />CONTRACT # 00-00261-00
<br />Page 6 of 9
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