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HomeMy WebLinkAbout1999-11940 • CONSULTANT AGREEMENT between The Gehring Group, Inc. and the Indian River County Board of County Commissioners This agreement is made and entered into this �! _ day of 1999, by and between the Indian River County Board of County Commissi ners, 1840 25'' Street, Vero Beach, FL 32960 ("Board") , and The Gehring Group, Inc., with its principal place of business at 1645 Palm Beach Lakes Boulevard, Suite 300, West Palm Beach, FL 33401 ("Consultant"). It is agreed as follows: Consultation Services. The Board hereby retains and engages the Consultant to perform the following services in accordance with the terms and conditions set forth in this Agreement. RFP Services. Consultant agrees to commit the time, labor, and materials which are required to assist the Board in its bidding, negotiating, awarding, and implementing of the benefit programs described in the document labeled "Indian River County RFP #9052, Proposal for Health Care Review Consultant" ("Consultant RFP"), which document is incorporated in its entirety herein by reference. Within the scope of this work, the Consultant shall perform all services requested by the Consultant RFP and shall perform any additional services in its response to the Consultant RFP, which document is incorporated herein by reference, which will assist the Board with the formulation, evaluation, and award of the employee health and life benefit programs described in the Consultant RFP. In addition, Consultant shall, within the scope of this work, perform requested services to assist the Board with the issuance, evaluation, and award of any additional RFP's the Board issues during the term of this Agreement which relate to other insurance or employee programs. Term of Agreement. Unless otherwise terminated in accordance with this Agreement, this Agreement will begin on April 13, '1999 and will end on April 12, 2000. III. Payment to Consultant. The Board will pay the Consultant for services under this Agreement as follows: RFP Services. For the basic RFP services identified in Section 1(A) of this Agreement, the Board shall pay to Consultant the aggregate sum of Thirty Thousand Dollars ($30,000) to be paid in twelve equal monthly installments. IV. Termination. Either party may terminate this Agreement upon 30 days written notice to the other. In the event that this Agreement is terminated prior to its natural expiration, all obligations of both parties, including obligations of payment, shall terminate. In such event the Board's total obligation shall be reduced on a pro -rata basis. V. Independent Contractor. Both the Board and the Consultant agree that the Consultant will act as an independent contractor in the performance of its duties under this Agreement. Accordingly, the Consultant shall be responsible for payment of all taxes including federal, state, and local taxes, arising out of the Consultant's activities in accordance with this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. VI. Insurance. The Consultant shall provide, during the term of this Agreement, insurance as follows: A. The Consultant shall obtain and maintain during the terms of this Agreement from carriers acceptable to the Board the following minimum insurance. 1. Professional Liability/Errors & Omissions Insurance. The Consultant shall provide, subject to reasonable commercial availability, Professional Liability/Errors & Omission Insurance conforming to the following requirements. (a) The insurance shall be subject to a maximum deductible not to exceed Twenty-five thousand Dollars ($25,000) per claim. (b) The minimum limits to be maintained (inclusive of any amounts provided by an umbrella or excess policy) shall be Two Million Dollars ($2,000,000) per claim. VII. Non -Discrimination. Neither party shall unlawfully discriminate in any way as to race, creed, color, religion, age, sex, marital status, disability, or national origin in any respect in carrying out of the terms of this Agreement. Ali parties agree to comply with the applicable provision of all state and federal anti -discriminatory laws including, but not limited to, the Civil Rights Act of 1963, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination in Employment Act, as amended; and the Americans with Disabilities Act of 1990. VIII. Miscellanous. This Agreement may be changed, modified, or terminated, except by written instrument executed by a duly authorized officer of each of the parties hereto. A. This Agreement may not be changed, modified, or terminated, except by written instruction executed by a duly authorized officer of each of the parties hereto. B. No waiver of either party hereto of any failure or refusal to comply with its obligations shall be deemed a waiver of any other or subsequent failure or refusal to so comply. C. If any term or provisions of this Agreement or the application therefor to any person or circumstances shall, to any extent, be invalid of unenforceable, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law. D. The laws of the State of Florida and applicable laws of the United States of America shall govern this Agreement. Venue of any action in connection herewith shall be in Indian River County, Florida. Prevailing party shall be entitled to attorney's fees and costs. E. This Agreement shall not be construed against the party who drafted the Agreement. Both parties have sought the necessary legal opinions as to the legal adequacy of the Agreement. F. This Agreement contains all of the terms agreed upon between the parties with respect to the subject matter hereof. IN WITNESS WHEREOF, the parties have caused this agreement to be duly executed on the date set forth above. THE GEHRi�� IMP - By .By Presiden� Attest: Secretary INDIAN RIV COUNTY, RIDA / By Kenneth R. acht har,n Ak— Attest: J.K. Bbrton, Clerk Deputy Clerk m&Ln 6". ':R �Accroved OF? to