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<br />|REQUEST FOR PROPOSAL NO. 19-07-02 12 <br /> <br />by certified mail. The City shall be named as an additional insured on the above-referenced <br />policies. <br /> <br /> The vendor agrees that if any part of the Work under the Contract is sublet, they will require the <br />Sub-vendor(s) to carry insurance as required, and that they will require the Sub- vendor(s) to <br />furnish to them insurance certificates similar to those required by the City in this section. <br /> <br />2.9.1 Professional Liability Insurance <br /> <br />Professional Liability Insurance including Errors and Omissions with minimum limits of <br />One Million Dollars ($1,000,000.00) per occurrence. <br /> <br /> 2.9.2 Cancellation and Re-Insurance <br /> <br />If any insurance should be canceled or changed by the insurance company or should any <br />insurance expire during the period of this contract, the Contractor shall be responsible for <br />securing other acceptable insurance to provide the coverage specified in this section to <br />maintain coverage during the life of this Contract. All deductibles must be declared by <br />the Contractor and must be approved by the City. At the option of the City, either the <br />Contractor shall eliminate or reduce such deductible or the Contractor shall procure a <br />Bond, in a form satisfactory to the City, covering the same. <br /> <br />2.10 FIRM AS AN INDEPENDENT CONTRACTOR <br /> <br /> It is expressly agreed that the Proposer is an independent firm and not an agent of the City. <br /> The Proposer shall not pledge or attempt to pledge the credit of City or in any other way attempt <br /> to bind the City. <br /> <br />2.11 SUBSTITUTION OF PERSONNEL <br /> <br />In the event the Firm wishes to substitute personnel for the key personnel identified by the Firm’s <br />proposal, the Firm must notify the City in writing and request written approval for the <br />substitution at least thirty (30) business days prior to effecting such substitution. <br /> <br />2.12 USE OF SUBCONSULTANTS <br /> <br />If one or more subconsultants are to be utilized, the sub-consultant(s) must be clearly identified <br />and noted in the submittal. The City must approve any changes in the use of sub-consultants in <br />advance and in writing. No such approval will be construed as making the City a party to such <br />subcontract, or subjecting the City to liability of any kind to any subcontractor. No sub-consultant <br />will under any circumstances relieve the Respondent of its liability and obligation under any <br />resulting contract. The sub-consultant is subject to the same contractual conditions as is the <br />Respondent. The successful firm shall be responsible for all payments to any sub-consultants and <br />shall maintain responsibility for all work related to the Project. Neither Successful Consultant nor <br />any of its Sub-Consultants are considered to be employees or agents of the City. <br /> <br />2.13 PROPRIETARY RIGHTS <br /> <br />The Firm hereby acknowledges and agrees that the City retains all rights, title and interests in <br />and to all materials, data, documentation and copies thereof furnished by the City to the Firm <br />hereunder or furnished by the Firm to the City and/or created by the Firm for delivery to the City, <br />even if unfinished or in process, as a result of the Services the Firm performs in connection with <br />the Agreement, including all copyright and other proprietary rights therein, which the Firm as