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2021-177A
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2021-177A
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Last modified
12/3/2021 5:00:40 PM
Creation date
12/2/2021 1:54:48 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/02/2021
Control Number
2021-177A
Agenda Item Number
8.F.
Entity Name
Colliers International Florida, LLC
Subject
Real Estate Broker Services Agreement, award of RFP 2021011
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It is understood that the materials and/or work required herein are in accordance with the proposal <br />made by the BROKER pursuant to the Request for Proposal and Specifications on file in the County <br />Purchasing Division. All documents submitted by the BROKER in relation to said proposal, and all <br />documents promulgated by the County for inviting proposals are, by reference, made a part hereof as if <br />set forth herein in full. <br />SECTION VIII INDEMNIFICATION/HOLD HARMLESS <br />BROKER agrees to indemnify, defend and hold harmless, the County, its officers, agents, and employees <br />from, and against any and all claims, actions, liabilities, losses and expenses including, but not limited to, <br />attorney's fees for personal, economic or bodily injury, wrongful death, loss of or damage to property, at <br />law or in equity, which may arise or may be alleged to have risen from the negligent acts, errors, <br />omissions or other wrongful conduct of BROKER, agents, laborers, sub -brokers or other personnel entity <br />acting under BROKER control in connection with the BROKER's performance of services under this <br />Agreement and to that extent BROKER shall pay such claims and losses and shall pay all such costs and <br />judgments which may issue from any lawsuit arising from such claims and losses including wrongful <br />termination or allegations of discrimination or harassment, and shall pay all costs and attorney's fees <br />expended by the County in defense of such claims and losses including appeals. That the aforesaid hold - <br />harmless Agreement by BROKER shall apply to all damages and claims for damages of every kind <br />suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of BROKER or <br />any agent laborers, sub -brokers or employee of BROKER regardless of whether or not such insurance <br />policies shall have been determined to be applicable to any of such damages or claims for damages. <br />BROKER shall be held responsible for any violation of laws, rules, regulations or ordinances affecting in <br />any way the conduct of all persons engaged in or the materials or methods used by BROKER on the <br />work. This indemnification shall survive the termination of this Agreement. <br />SECTION IX SOVEREIGN IMMUNITY <br />Nothing contained in this Agreement shall be deemed or otherwise interpreted as waiving the County's <br />sovereign immunity protections existing under the laws of the State of Florida, or as increasing the limits <br />of liability as set forth in Section 768.28, Florida Statutes. <br />SECTION X INSURANCE <br />The Broker shall, on a primary basis and at its sole expense, agree to maintain in full force and effect at <br />all times during the life of this Agreement, insurance coverage, limits, including endorsements, as <br />described herein. The requirements contained herein, as well as County's review or acceptance of <br />insurance maintained by Broker are not intended to and shall not in any manner limit or qualify the <br />liabilities and obligations assumed by Broker under the Agreement. <br />The parties agree and recognize that it is not the intent of Indian River County that any insurance <br />policy/coverage that it may obtain pursuant to any provision of this Agreement will provide insurance <br />coverage to any entity, corporation, business, person, or organization, other than Indian River County <br />and the County shall not be obligated to provide any insurance coverage other than for Indian River <br />County or extend its sovereign immunity pursuant to Section 768.28, Florida Statutes, under its self- <br />insured program. Any provision contained herein to the contrary shall be considered void and <br />unenforceable by any party. This provision does not apply to any obligation imposed on any other party <br />A <br />
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