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2004-186A
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2004-186A
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Last modified
9/13/2016 11:28:38 AM
Creation date
9/30/2015 7:54:01 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/10/2004
Control Number
2004-186A
Agenda Item Number
14.B.2
Entity Name
Brown And Caldwell
Subject
Contract Agreement
Archived Roll/Disk#
3223
Supplemental fields
SmeadsoftID
4207
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7 . 5 The insurance policies procured shall be occurrence forms , not claims made <br /> policies with the exception of professional liability. <br /> 7 . 6 A certificate of insurance shall be provided to the Indian River County Risk <br /> Manager for review and approval , ten ( 10) days prior to commencement of any work under <br /> this Agreement. Indian River County and the SWDD shall be named as additional insured <br /> on all policies except workers ' compensation and professional liability . <br /> 7 . 7 The insurance companies selected shall send written verification to the <br /> Indian River County Risk Manager that they will provide 30 days prior written notice to the <br /> Indian River County Risk Manager of its intent to cancel or modify any required policies of <br /> insurance . <br /> 7 . 8 Consultant shall include all sub-consultants as insured under its policies or <br /> shall furnish separate certificates and endorsements for each sub-consultant. All <br /> coverages for sub-consultants shall be subject to all of the requirements stated herein . <br /> 7 . 9 The SWDD , by and through the Indian River County Risk Manager, reserves <br /> the right periodically to review any and all policies of insurance and reasonably to adjust <br /> the limits of coverage required hereunder, from time to time throughout the term of this <br /> Agreement. In such event , the SWDD , by and through the Indian River County Risk <br /> Manager shall provide the Consultant with separate written notice of such adjusted limits <br /> and Consultant shall comply within thirty (30) days of receipt thereof. The failure by <br /> Consultant to provide such additional coverage shall constitute a default by Consultant and <br /> shall be grounds for termination of this Agreement by the SWDD . <br /> 7 . 10 The Consultant shall indemnify and hold harmless the officers and <br /> employees of Indian River County and the SWDD , from liabilities , damages , losses , and <br /> costs , including , but not limited to , reasonable attorneys' fees , to the extent caused by the <br /> negligence , recklessness , or intentionally wrongful conduct of the Consultant and other <br /> persons employed or utilized by the Consultant in the performance of this Agreement. <br /> 8 , TERMINATION , <br /> 8 . 1 This Agreement may be terminated : (a) by the SWDD , for any reason , upon <br /> thirty (30) days' prior written notice to the Consultant; or (b) by the Consultant, for any <br /> reason , upon thirty (30) days' prior written notice to the SWDD ; or (c) by the mutual <br /> Agreement of the parties ; or d) as may otherwise be provided below. In the event of the <br /> termination of this Agreement, any liability of one party to the other arising out of any <br /> Services rendered , or for any act or event occurring prior to the termination , shall not be <br /> terminated or released . <br /> 8 . 2 In the event of termination by the SWDD , the SWDD's sole obligation to the <br /> Consultant shall be payment for those portions of satisfactorily completed work previously <br /> authorized by approved Work Order. Such payment shall be determined on the basis of <br /> the hours of work performed by the Consultant, or the percentage of worts complete as <br /> estimated by the Consultant and agreed upon by the SWDD up to the time of termination . <br /> 8 <br />
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