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RFP 2024005 Agreement
<br />During the performance of the work covered by this Agreement, the CONSULTANT shall provide the COUNTY with
<br />evidence that the CONSULTANT has obtained and maintains the insurance listed in the Agreement.
<br />CONSULTANT 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 />CONSULTANT, its agents, representatives, or employees. The cost of such insurance shall be included in the
<br />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 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 />D. Professional Liability $1,000,000 per claim, $2,000,000 aggregate combined single limit.
<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 chosen
<br />shall also be licensed to do business in Florida.
<br />The insurance policies procured shall be occurrence forms, not claims made policies, except on Professional Liability.
<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 CONSULTANT shall ensure any subconsultants to maintain the insurance as detailed herein.
<br />The Consultant shall indemnify and hold harmless (but not defend) the County and its commissioners, officers, and
<br />employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to
<br />the extent caused by the negligence, or intentionally wrongful conduct of the CONSULTANT and other persons
<br />employed or utilized by the CONSULTANT in the performance of the contract.
<br />8. TERMINATION
<br />This Agreement may be terminated: (a) by the COUNTY, for any reason, upon thirty (30) days' prior written notice
<br />to the CONSULTANT; or (b) by the CONSULTANT, for any reason, upon thirty (30) days' prior written notice to the
<br />COUNTY; or (c) by the mutual Agreement of the parties; or d) as may otherwise be provided below. In the event of
<br />the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for
<br />any act or event occurring prior to the termination, shall not be terminated or released.
<br />In the event of termination by the COUNTY, the COUNTY's sole obligation to the CONSULTANT shall be payment for
<br />those portions of satisfactorily completed work previously authorized. Such payment shall be determined on the
<br />basis of the percentage of work complete, as estimated by the CONSULTANT and agreed upon by the COUNTY up to
<br />the time of termination. In the event of such termination, the COUNTY may, without penalty or other obligation to
<br />the CONSULTANT, elect to employ other persons to perform the same or similar services.
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