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2022-023
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2022-023
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Last modified
4/21/2022 2:22:11 PM
Creation date
3/4/2022 3:11:22 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
02/08/2022
Control Number
2022-023
Agenda Item Number
8.A.
Entity Name
ACP Facility Services, Inc.
Subject
Provide custodial services at the County Administration Buildings and the Health Department
Area
1800-1801 27 th Street and 1900 27th Street
Bid Number
2022022
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6.3 Contractor's insurance coverage shall be primary. <br />6.4 All required insurance policies shall be placed with insurers licensed to do business in Florida and <br />with a Best's rating of A- VII or better. <br />6.5 The insurance policies procured shall be occurrence forms, not claims made policies. <br />6.6 A certificate of insurance shall be provided to the COUNTY's Risk Manager for review and approval, <br />ten (10) days prior to commencement of any work under this Agreement. The COUNTY shall be named as <br />an additional insured on all policies except workers' compensation and professional liability. <br />6.7 The insurance companies selected shall send written verification to the COUNTY's Risk Manager that <br />they will provide 30 days prior written notice to the COUNTY's Risk Manager of its intent to cancel or modify <br />any required policies of insurance. <br />6.8 The COUNTY, by and through its Risk Manager, reserves the right periodically to review any and all <br />policies of insurance and to reasonably adjust the limits of coverage required hereunder, from time to time <br />throughout the term of this Agreement. In such event, the COUNTY shall provide the CONTRACTOR with <br />separate written notice of such adjusted limits and CONTRACTOR shall comply within thirty (30) days of <br />receipt thereof. The failure by CONTRACTOR to provide such additional coverage shall constitute a default <br />by CONTRACTOR and shall be grounds for termination of this Agreement by the COUNTY. <br />6.10 The CONTRACTOR shall indemnify and hold harmless the COUNTY, and its officers and <br />employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' <br />fees, arising out of or related to the negligence, recklessness, or intentionally wrongful conduct of the <br />CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of this <br />Agreement. <br />7. TERMINATION. <br />7.1 This Agreement may be terminated: (a) by the COUNTY, for any reason, upon sixty (60) days' prior <br />written notice to the CONTRACTOR; or (b) by the CONTRACTOR, for any reason, upon sixty (60) days' prior <br />written notice to the COUNTY; or (c) by the mutual agreement of the parties; or d) as may otherwise be <br />provided below. In the event of the termination of this Agreement, any liability of one party to the other <br />arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be <br />terminated or released. <br />7.2 In the event of termination by the COUNTY, the COUNTY's sole obligation to the CONTRACTOR shall <br />be payment for those portions of satisfactorily completed work. Such payment shall be determined on the <br />basis of the hours of work performed by the CONTRACTOR, or the percentage of work completed as <br />estimated by the CONTRACTOR and agreed upon by the COUNTY up to the time of termination. In the event <br />of such termination, the COUNTY may, without penalty or other obligation to the CONTRACTOR, elect to <br />employ other persons to perform the same or similar services. <br />7.3 The obligation to provide services under this Agreement may be terminated by either party upon <br />seven (7) days prior written notice in the event of substantial failure by the other party to perform in <br />accordance with the terms of this Agreement through no fault of the terminating party. <br />4 <br />
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