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05/19/2020 (3)
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05/19/2020 (3)
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8/19/2020 1:09:27 PM
Creation date
8/19/2020 1:06:33 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
05/19/2020
Meeting Body
Board of County Commissioners
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(10) days prior to commencement of any work under this Agreement. The COUNTY shall be named as <br />an additional insured on all policies except workers' compensation and professional liability. <br />7.7 The insurance companies selected shall send written verification to the County Risk Manager that <br />they will provide 30 days prior written notice to the County Risk Manager of its intent to cancel or modify <br />any required policies of insurance. <br />7.8 CONSULTANT shall include all subconsultants as insured under its policies or shall furnish separate <br />certificates and endorsements for each subconsultant. All coverages for subconsultants shall also be <br />subject to all of the requirements stated herein. <br />7.9 The COUNTY, by and through its Risk Manager, reserves the right periodically to review any and all <br />policies of insurance and reasonably to adjust the limits of coverage required hereunder, from time to time <br />throughout the term of this Agreement. In such event, the COUNTY shall provide the CONSULTANT with <br />separate written notice of such adjusted limits and CONSULTANT shall comply within thirty (30) days of <br />receipt thereof. The failure by CONSULTANT to provide such additional coverage shall constitute a default <br />by CONSULTANT and shall be grounds for termination of this Agreement by the COUNTY. <br />7.10 The CONSULTANT shall indemnify and hold harmless the COUNTY, and its officers and employees, <br />from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the <br />extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and <br />other persons employed or utilized by the CONSULTANT in the performance of this Agreement. <br />8. TERMINATION <br />8.1 The occurrence of any of the following shall constitute a default by CONSULTANT and shall provide <br />the COUNTY with a right to terminate this Contract in accordance with this Article, in addition to pursuing <br />any other remedies which the COUNTY may, have under this Contract or under law: <br />(A) if in the COUNTY's opinion CONSULTANT is improperly performing work or violating <br />any provision(s) of the Contract Documents; <br />(B) if CONSULTANT neglects or refuses to correct defective work; <br />(C) if in the COUNTY's opinion CONSULTANT's work is being unnecessarily delayed and <br />will not be finished within the prescribed time; <br />(D) if CONSULTANT assigns this Contract or any money accruing thereon orapproved <br />thereon; or <br />(E) if CONSULTANT abandons the work, is adjudged bankrupt, or if he makes a general <br />assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONSULTANT or for <br />any of his property. <br />8.2. COUNTY shall, before terminating the Contract for any of the foregoing reasons, notify CONSULTANT in <br />writing of the grounds for termination and provide CONSULTANT with ten (10) calendar days to cure the <br />default to the reasonable satisfaction of the COUNTY. <br />8.3 The obligation to provide services under this Agreement may be terminated by either party upon seven <br />(7) days prior written notice in the event of substantial failure by the other party to perform in accordance <br />with the terms of this Agreement through no fault of the terminating party. <br />8.4 COUNTY may at any time and for any reason terminate CONSULTANT's services and work for <br />COUNTY's convenience. Upon receipt of notice of such termination CONSULTANT shall, unless the notice <br />directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, <br />labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such <br />19 <br />
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