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ACTUARY shall maintain for the duration of the Agreement, insurance against claims for injuries to persons or
<br />damages to property which may arise from or in connection with the performance of the work hereunder by the
<br />ACTUARY, its agents, representatives, or employees. The cost of such insurance shall be included in the ACTUARY's
<br />fees.
<br />Minimum Scope of Insurance
<br />A. Worker's Compensation as required by the State of Florida. Employers Liability of $100,000 each accident,
<br />$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. Coverage
<br />shall include premises/operations, products/completed operations, contractual liability, and independent
<br />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. Coverage shall
<br />include owned vehicles, hired vehicles, and non -owned vehicles.
<br />ACTUARY'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 chosen
<br />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 Indian
<br />River County Risk Management Department.
<br />The ACTUARY shall ensure any subconsultants to maintain the insurance as detailed herein.
<br />The ACTUARY shall indemnify, defend and hold harmless COUNTY and its employees and agents from and
<br />against all losses, liabilities, penalties, fines, damages and claims, and all related costs and expenses
<br />(including reasonable attorneys' fees and disbursements and costs of investigation, litigation, settlement,
<br />judgments, interest and penalties) incurred in connection with any action or proceeding threatened or
<br />brought against COUNTY to the extent that such action or proceeding is based on a claim that any piece of
<br />equipment, software, commodity, or service supplied by ACTUARY or its subcontractors, or the operation
<br />of such equipment, software, commodity, or service, or the use or reproduction of any documentation
<br />provided with such equipment, software, commodity, or service infringes any United States or foreign
<br />patent, copyright, trade secret or other proprietary right of any person or entity, which right is enforceable
<br />under the laws of the United States. In addition, should the equipment, software, commodity, or service, or
<br />the operation thereof, become, or in ACTUARY's opinion be likely to become, the subject of a claim of
<br />infringement, ACTUARY shall at its sole expense, (i) procure for COUNTY the right to continue using the
<br />equipment, software, commodity, or service, or (ii) if such option is not reasonably available to ACTUARY,
<br />replace or modify the same with equipment, software, commodity, or service of equivalent function and
<br />performance so that it becomes non -infringing, or (iii) if such options are not reasonably available to
<br />ACTUARY, accept its return by COUNTY with appropriate credits to COUNTY against ACTUARY's charges and
<br />reimburse COUNTY for any losses or costs incurred as a consequence of COUNTY ceasing to use and
<br />returning the equipment, software, commodity, or service. The foregoing indemnification is void to the
<br />extent that COUNTY, its employees or agents modifies or misuses such equipment, software, commodity,
<br />or service.
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