2-15-2021 BOC Regular Meeting - Laserfiche WebLink

Home Browse Search

2.4.4 If Client fails to make payment in full to Agreement without cause at any time. In the event of such Consultant of amounts owed pursuant to this Section 2 termination, the terminating party will promptly notify and within forty-five (45) days of the date of the invoice, confirm the termination in writing to the other party. The Consultant may,after giving seven (7)days'written notice termination will be effective seven(7)days after delivery of to Client,suspend services under this Agreement until paid written notice thereof. Upon termination, Consultant shall in full, including interest. Consultant shall have no liability prepare a progress report,including information as to all the to Client for delays or damages caused by such suspension services performed by Consultant and the status of the of services. Client agrees to pay all costs of collection, services as of the date of the termination, and provide including reasonable attorney's fees, incurred by information and documents developed under the terms of Consultant as a result of Client's failure to make payments this Agreement to the Client upon receipt of final payment. in accordance with this Agreement. No final plans, 3.4 Payment for Work Upon Abandonment or documents or reports will be released for any purpose until Agreement Termination Consultant has been paid in full. If Client abandons requested work or terminates this 2.4.5 The billing rates specified in the Schedule of Agreement, Consultant shall be paid on the basis of work Unit Rates for subsequent years shall be adjusted annually completed to the date of abandonment or effective date of in accordance with Consultant's costs of doing business, termination. Consultant shall perform no activities other subject to Client's review and concurrence. than reasonable wrap-up activities after receipt of notice of abandonment or termination. Payment for the work shall SECTION 3-Term of Agreement be as established under Section II. 3.1 Term SECTION 4-General Considerations Consultant's obligations to perform under this Agreement shall extend from the date of execution until terminated by 4.1 Assignment and Responsibility for Personnel either party. 4.1.1 The assignment of personnel and all phases of the undertaking of the services which Consultant shall 3.2 Abandonment of Work provide hereunder shall be subject to the oversight and Client shall have the absolute right to abandon any work general guidance of Client. requested hereunder or to change the general scope of the 4.1.2 While upon the premises of Client or property work at any time, and such action on its part shall in no under its control, all employees, agents, and event be deemed a breach of contract. subconsultants of Consultant shall be subject to Client's rules and regulations respecting its property and the 3.3 Termination of Agreement conduct of its employees thereon. 3.3.1 Termination with Cause 4.1.3 However,it is understood and agreed that in The obligation to provide further services under this the performance of the work and obligations hereunder, Agreement may be terminated with cause by either party by Consultant shall be and remain an independent Consultant written notice stating the basis for the termination and and that the employees, agents or subconsultants of providing 7 days to cure. The termination will be effective Consultant shall not be considered employees of or subject seven(7)days after delivery of written notice thereof if the to the direction and control of Client. Consultant shall be basis for the termination has not been cured. In the event responsible for the supervision and performance of all of termination by Consultant caused by failure of the Client subconsultants which are to perform hereunder. to perform in accordance with the terms of this Agreement, Client shall pay for all services performed prior to the 4.2 Insurance effective date of the termination, including all project 4.2.1 Consultant shall furnish Client a certificate of termination expenses, collection fees and legal expenses. insurance upon request showing amounts and types of Consultant shall prepare a progress report, including insurance carried by Consultant, which certificate shall information as to all the services performed by Consultant contain a commitment by the Insurance Company that and the status of the services as of the date of the during the time any work is being performed by Consultant termination, and provide information and documents under this Agreement it will give Client notice of cancellation developed under the terms of this Agreement to the Client or non-renewal of the insurance coverage shown on such upon receipt of final payment. In the event of termination certificates in accordance with policy provisions. by the Client caused by failure by Consultant to perform in 4.2.2 Any construction contracts relative to accordance with the terms of this Agreement, Consultant Consultant's Services shall require that the Client and shall prepare a progress report, including information as to Consultant be included as additional insureds on the all the services performed by Consultant and the status of contractor's and contractor's subcontractors' commercial the services as of the date of the termination and provide general liability and commercial automobile liability information and documents developed under the terms of insurance policies and that the coverage afforded Client this Agreement to the Client. Upon receipt of all other and Consultant is primary to any insurance maintained by information and documents, Client shall pay Consultant for Client or Consultant and that Client and Consultant's services performed prior to the effective date of the insurance is non-contributory with any coverage afforded by termination. contractor and subcontractors. Client will also require 3.3.2 Termination without Cause contractor and all subcontractors to purchase and maintain Either party may, at its sole discretion, terminate this workers' compensation and employer's liability insurance. Lee Co Parks&Rec Consultine Agnnnt February 2021