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2023-174
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2023-174
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Last modified
10/5/2023 11:43:03 AM
Creation date
10/5/2023 11:42:14 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/29/2023
Control Number
2023-174
Agenda Item Number
8.M.
Entity Name
PROS Consulting, Inc.
Subject
Consulting Agreement for Parks and Recreation Master Plan, RFP2023053
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CONSULTANT shall maintain for the duration of the Agreement, insurance against claims for injuries to <br />persons or damages to property which may arise from or in connection with the performance of the work <br />hereunder by the CONSULTANT, its agents, representatives, or employees. The cost of such insurance shall <br />be included in the CONSULTANT's fees. <br />Minimum Scope of Insurance <br />A. Worker's Compensation as required by the State of Florida. Employers Liability of $100,000 each <br />accident, $500,000 disease policy limit, and $100,000 disease each employee. <br />B. General Liability $1,000,000 combined single limit per accident for bodily injury and property damage. <br />Coverage shall include premises/operations, products/completed operations, contractual liability, and <br />independent contractors. COUNTY shall be named an "Additional Insured" on the certificate of insurance. <br />C. Auto Liability $500,000 combined single limit per accident for bodily injury and property damage. <br />Coverage shall include owned vehicles, hired vehicles, and non -owned vehicles. <br />CONSULTANT's insurance coverage shall be primary. <br />All above insurance policies shall be placed with insurers with a Best's rating of no less that A -VII. The insurer <br />chosen shall also be licensed to do business in Florida. <br />The insurance policies procured shall be occurrence forms, not claims made policies. <br />The insurance companies chosen shall provide certificates of insurance prior to signing of contracts, to the <br />Indian River County Risk Management Department. <br />The CONSULTANT shall ensure any subconsultants to maintain the insurance as detailed herein. <br />The Consultant shall indemnify and hold harmless the County and its commissioners, officers, employees <br />and agents, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's <br />fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the <br />CONSULTANT and other persons employed or utilized by the CONSULTANT in the performance of the <br />contract. <br />8. TERMINATION <br />This Agreement may be terminated: (a) by the COUNTY, for any reason, upon thirty (30) days' prior written <br />notice to the CONSULTANT; or (b) by the CONSULTANT, for any reason, upon thirty (30) days' prior written <br />notice to the COUNTY; or (c) by the mutual Agreement of the parties; or d) as may otherwise be provided <br />below. In the event of the termination of this Agreement, any liability of one party to the other arising out <br />of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated <br />or released. <br />In the event of termination by the COUNTY, the COUNTY's sole obligation to the CONSULTANT shall be <br />payment for those portions of satisfactorily completed work previously authorized. Such payment shall be <br />determined on the basis of the percentage of work complete, as estimated by the CONSULTANT and agreed <br />upon by the COUNTY up to the time of termination. In the event of such termination, the COUNTY may, <br />without penalty or other obligation to the CONSULTANT, elect to employ other persons to perform the same <br />or similar services. <br />The obligation to provide services under this Agreement may be terminated by either party upon seven (7) <br />days prior written notice in the event of substantial failure by the other party to perform in accordance with <br />the terms of this Agreement through no fault of the terminating party. <br />
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