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2024-022A
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Last modified
2/29/2024 11:22:07 AM
Creation date
2/29/2024 11:20:39 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
01/23/2024
Control Number
2024-022A
Agenda Item Number
8.N.
Entity Name
Alfred Benesch & Company
Subject
Consulting Agreement for an Impact Fee Study Updates (Non-Utility); RFP2024021
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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 coverage shall include premises/operations, products/completed operations, contractual <br />liability, and independent contractors. COUNTY shall be included as an "Additional Insured" on the certificate of <br />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 occurrence, $2,000,000 aggregate combined single limit. <br />CONSULTANTS workers' compensation and professional liability policies will be primary and non-contributory to any <br />insurance maintained by the Additional Insureds. <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 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 and agents, <br />from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent <br />caused by the 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 />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. <br />The obligation to provide services under this Agreement may be terminated by either party upon seven (7) days prior <br />written notice in the event of substantial failure by the other party to perform in accordance with the terms of this <br />Agreement through no fault of the terminating party. <br />E <br />
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