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2024-023
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Last modified
2/15/2024 1:43:32 PM
Creation date
2/15/2024 1:41:47 PM
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
01/23/2024
Control Number
2023-023
Agenda Item Number
8.Q
Entity Name
Edlund Dritenbas, Binkley Architects & Associates, Inc
Subject
Contract Agreement for Continuing Architectural Consulting Services Rates
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8.2 CONSULTANT shall maintain for the duration of the Agreement, insurance against claims for <br />injuries to persons or damages to property which may arise from or in connection with the performance <br />of the work hereunder by the CONSULTANT, its representatives, or employees. The cost of such insurance <br />shall be included in the CONSULTANT's fees. <br />8.3 Minimum Scope of Insurance <br />A. Worker's Compensation as required by the State of Florida. Employers Liability of <br />$1oo,000 each accident, $500,00o disease policy limit, and $1oo,000 disease each employee. <br />B. General Liability $1,000,000 per occurrence and $2,000,000 in the aggregate for bodily <br />injury and property damage. Coverage shall include premises/operations, products/completed <br />operations, contractual liability, and independent contractors. COUNTY shall be named an "Additional <br />Insured" on the certificate of insurance. <br />C. Auto Liability $500,000 combined single limit per accident for bodily injury and property <br />damage. Coverage shall include owned vehicles, hired vehicles, and non -owned vehicles. <br />D. Professional Liability Insurance providing coverage for negligent acts, errors, or omissions <br />committed by CONSULTANT with a $500,000 per claim/annual aggregate. <br />8.4 CONSULTANT's insurance coverage shall be primary. <br />8.5 All above insurance policies shall be placed with insurers with a Best's rating of no less that A -VII. <br />The insurer chosen shall also be authorized to do business in Florida. <br />8.6 The insurance policies procured, other than professional liability, shall be occurrence forms, not <br />claims made policies. Professional liability shall be on a claims -made basis. <br />8.7 The insurance companies (or their authorized representative) chosen shall provide certificates of <br />insurance prior to signing of contracts, to the Indian River County Risk Management Department. <br />8.8 CONSULTANT shall provide the Indian River County Risk Management Department with a <br />certificate of insurance that states that the insurance company will provide 3o days' notice to the Risk <br />Management Department, of cancellation and/or nonrenewal. <br />8.9 The CONSULTANT shall ensure all subconsultants to maintain the insurance as detailed herein. <br />8.10 Any deductibles or self-insured retentions greater than $1oo,000 must be approved by the Risk <br />Manager for Indian River County, with the ultimate responsibility for same going to the CONSULTANT. <br />8.11 The Consultant shall indemnify and hold harmless the County and its commissioners, officers, <br />and employees from liabilities, damages, losses, and costs, including, but not limited to, reasonable <br />attorney's fees (where recoverable under law), to the actual and proportionate extent caused by the <br />negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons <br />employed or utilized by the CONSULTANT in the performance of the contract. <br />9. TERMINATION <br />9.1 This Agreement may be terminated: (a) by the COUNTY, for any reason, upon thirty (30) days' <br />prior written notice to the CONSULTANT; or (b) by the CONSULTANT, for any reason, upon thirty <br />(30) days' prior written notice to the COUNTY; or (c) by the mutual Agreement of the parties; or d) <br />as may otherwise be provided below. In the event of the termination of this Agreement, any liability <br />of one party to the other arising out of any Services rendered, or for any act or event occurring prior <br />to the termination, shall not be terminated or released. <br />2023062 Agreement -'7 <br />
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