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2019-185
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2019-185
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Last modified
11/20/2019 10:59:11 AM
Creation date
11/20/2019 10:56:15 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/05/2019
Control Number
2019-185
Agenda Item Number
8.S.
Entity Name
Kimley-Horn and Associates, Inc.
Subject
Water Plant and Water Resources Engineering Services
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B. Employer's Liability - $1,000,000 per occurrence <br />C. Commercial General and Contractual Liability — $1,000,000 per occurrence <br />D. Automobile Liability - $1,000,000 per occurrence <br />E. Umbrella Liability - $2,000,000 aggregate (in excess of B., C. and D. above) <br />F. Professional Liability - $1,000,000 per claim/aggregate. <br />7.9 The Consultant shall indemnify and hold harmless the COUNTY, and its <br />officers and employees, from liabilities, damages, losses, and costs, including, but not <br />limited to, reasonable attorneys' fees, to the extent caused by the negligence, <br />recklessness, or intentionally wrongful conduct of the Consultant and other persons <br />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 COUNTY, for any reason, <br />upon thirty (30) days' prior written notice to the Consultant; or (b) by the Consultant, for <br />any reason, upon thirty (30) days' prior written notice to the COUNTY; 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 COUNTY, the COUNTY shall be obligated <br />to pay the Consultant 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, up to the time of termination. In the event <br />of such termination, the COUNTY may, without penalty or other obligation to the <br />Consultant, elect to employ other persons to perform the same or similar services. <br />8.3 In addition to the termination rights set forth in 8.1, the obligation to provide <br />services under this Agreement may be terminated by either party upon seven (7) days <br />prior written notice in the event of substantial failure by the other party to perform in <br />accordance with the terms of this Agreement through no fault of the terminating party. <br />8.4 In the event that the Consultant merges with another company, becomes a <br />subsidiary of, or makes any other substantial change in structure, the COUNTY reserves <br />the right to terminate this Agreement in accordance with its terms. <br />8.5 In the event of termination of this Agreement, the Consultant agrees to <br />surrender any and all documents prepared by the Consultant for the COUNTY in <br />connection with this Agreement. <br />8.6 The COUNTY may terminate this Agreement for refusal by the Consultant <br />to allow public access to all documents, papers, letters, or other material subject to the <br />provisions of Chapter 119 Florida Statutes and made or received by the Consultant in <br />conjunction with this Agreement. <br />E <br />
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