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2022-088A
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2022-088A
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Last modified
6/24/2022 11:55:27 AM
Creation date
6/24/2022 11:52:11 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
05/10/2022
Control Number
2022-088A
Agenda Item Number
8.A.
Entity Name
Witt O’Brien’s, LLC
Subject
Continuing Contract Agreement for Grant Consulting Services
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DocuSign Envelope ID: C38C5403-0B9D-4C32-9EA7-7B8EC4F0F825 <br />7.6 A certificate of insurance shall be provided to the County's Risk Manager for review and approval prior <br />to commencement of any work under this Agreement. The COUNTY shall be named as an additional insured on <br />all policies except business automobile liability, workers' compensation and professional liability. <br />7.7 The insurance companies selected shall send written notice to the County Risk Manager of its intent to <br />cancel or modify 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 subject to <br />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 receipt <br />thereof. The failure by CONSULTANT to provide such additional coverage shall constitute a default by <br />CONSULTANT and shall be grounds for termination of this Agreement by the COUNTY. <br />7.10 To the extent permitted by law, CONSULTANT will release, indemnify, defend and hold harmless <br />COUNTY from and against all claims, losses, damages, costs (including legal fees), expenses and liabilities in <br />respect of: <br />(A) Loss of or damage to the property of CONSULTANT whether owned or leased by CONSULTANT; and <br />(B) Personal injury, including death or disease, to any person employed by CONSULTANT; <br />arising from or relating to CONSULTANT's performance of the agreement. <br />7.11 To the extent permitted by law, and to the limits set forth in section 768.28, Florida Statutes, OWNER <br />will release, indemnify, defend and hold harmless CONSULTANT from and against any claims, losses, damages, <br />costs (including legal fees), expenses and liabilities in respect of: <br />(A) Loss of or damage to the property of COUNTY, whether owned or leased by COUNTY; and <br />(B) Personal injury, including death or disease, to any person employed by COUNTY; <br />Arising from or relating to the COUNTY's actions in connection with the agreement. <br />Notwithstanding anything herein to the contrary, neither party excludes or limits its liability for fraud. <br />7.12 In no event shall either party be liable for any exemplary, punitive, incidental, special, or consequential <br />damages of any kind. Except for indemnity obligations and claims arising from breach of confidentiality, each <br />party's liability for any and all claims arising out of or in connection with the agreement shall not exceed, in the <br />aggregate, the fees actually paid by COUNTY to CONSULTANT under this agreement. <br />7.13 All indemnities and limitations of liability under this agreement shall apply irrespective of cause and <br />notwithstanding any negligence (whether sole, joint, concurrent, active, passive or gross), breach of duty <br />(whether statutory, contractual or otherwise) or other fault or strict liability of any party (including any <br />indemnified party), and shall apply irrespective of any claim in tort, under contract or otherwise at law. <br />TERMINATION <br />8.1 The occurrence of any of the following shall constitute a default by CONSULTANT and shall provide the <br />COUNTY with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other <br />remedies which the COUNTY may have under this Contract or under law: <br />5 <br />
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