2023-148 - Laserfiche WebLink

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installments in April, July, October, and January as described above. Any special event days requested by the County shall reduce the quarterly amount due at a pro -rated amount equivalent to the daily rate of $500 per day. 5. TERM: This Agreement shall begin on the date set forth above and unless terminated by either party according to Section 5 of this Agreement, will expire on July 11, 2026. 6. TERMINATION: This Agreement may be terminated with or without cause by either party upon no less than sixty (60) days' written notice to the other party. If this Agreement is terminated by PCP without cause prior to completion of any period for which PCP Tactical has paid in advance, any unused portion of the advance payment shall be retained as liquidated damages; if terminated by the County without cause, prior to completion of any period of which PCP Tactical has paid in advance, any unused portion of the advance payment shall be returned to PCO Tactical prorated by the balance of usage remaining in the fiscal year from the date of termination. 7. LIABILITY: PCP Tactical shall defend, hold harmless and indemnify the County with respect to any and all actions, causes of action, liabilities, losses, damages or expenses (including reasonable attorneys' fees) arising out of or relating to any negligence, intentional misconduct, breach of this Agreement or breach of applicable law by PCP Tactical in conjunction with any of the activities described in this Agreement. This section shall survive the termination of this Agreement with respect to any acts or omissions occurring prior to the date of termination. 8. RELATIONSHIP OF PARTIES: PCP Tactical shall be responsible for its own acts and omissions. PCP Tactical shall not bear any relationship to the County, which would render the County liable for the acts or omissions of PCP Tactical. 9. INSURANCE: PCP Tactical shall obtain and maintain the following levels of insurance for all of the above -referenced activities to be conducted during the term of this Agreement.: PCP Tactical's insurance shall be primary and consist of at a minimum: • Commercial General Liability, minimum $500,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage, including coverage for premises/operations, products/completed operations, contractual liability, independent contractors. Indian River County and Florida Fish & Wildlife Conservation Commission must be named as additional insured. • Business Auto Liability, minimum $500,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage, including coverage for owned, hired, and non- owned autos. If a vendor is using a personal vehicle, the minimum acceptable limits for personal auto liability is $100,000 per occurrence. • Workers' Compensation Insurance in accordance with Florida Statutes, including Employer Liability with a limit of $100,000 for each accident, $500,000 disease (policy limit) and $100,000 disease (each employee); Or "Certificate of Election to be Exempt" issued by the State of Florida Department of Financial Services Division of Workers' Compensation Or notarized statement of exemption that can be requested from the Purchasing Division. The coverage shall contain no special limitations on the scope of protection afforded to Indian River County, it's officers, officials, employees or volunteers. PCP Tactical shall furnish the County with a certificate evidencing the insurance required by this section no later than July 15, 2023. 10. ACCESS AND MAINTENANCE: PCP Tactical shall be issued gate keys to be utilized solely in connection with the usage authorized by this Agreement. PCP Tactical will be responsible for cleanup of the Range after each use including the shooting line areas, grounds, and restrooms. PCP Tactical agrees to secure the Range at the end of each use and to leave the Range in a suitable condition to open for business to