Reso 2025-3913 - Laserfiche WebLink

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1 1.7. Rcfilssll of the Consultant to comply with the provisions in this Section shall be grounds for immediate termination for cause by the City of this Agreement or any Project Agreement or Letter Agreement. SECTION 1.2 NO CONTINGENT FEE 12.1 The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely I'or the Consultant, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement, In the event the Consultant violates this provision, the City shall have the right to terminate this Agreement or any Project Agreement or Letter Agreement, without liability, and at its sale discretion, to deduct from the Agreement price, or othenvise recover, the full amount of such fee, commission, percentage, gift or consideration. SECTION 13 INDEPENDENT CONTRACTOR 13.1 The Consultant is an independent contractor under this Agreement. Personal services provided by the Consultant shat l be by employees or subcontractors of the Consultantwho shall be subject to supervision by the Consultant, and who shall not be deemed officer, employees, or agents of the City. Perstrnnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to Services rendered under this Agreement shall be those of the Consultant and not City, SECTION 14 INDEMNIFICATIOINIHOLD HARMLESS 14.1 To the f'ullcsi extent permitted by ltnv, the Consultant agrees to indemnify and hold - harmless the City, its ofY'icers and employees from liabilities, damages, losses, and costs, including, but not linrnited to, reasonable attorneys' fees to the extent caused by the negligence, recklessness, or intentionally wrongl`al conduct of the Consultant and other persons employed or utilized by the Consultant in performath4e of this Agreement. This indemnification shall survive the term of this Agreement. 14.2 PURSUANT '1'O FLORIDA STATUTES §558.0035, A DESIGN PROFESSIONAL EMPLOYED BY CONSULTANT MAY NOT RF HFLD INDIVIDUALLY LIABLE FOR DAMAUES RESULTING FROM NEGLIGENCE OCCURINO WITHIN THE SCOPE AND OF PROFESSIONAL SERV W 'S UNDER THIS AGREEMENT, SECTION 15 INSURANCE 15.1 Consultant agrees to maintain, on a primary non-contributory basis and at ifs sole expense, at all times during the life of this Agreement, the following insurance coverages, limits, Authorized Chy Repteseatative's Iniliats. Authorized Consultant Repmsentafiiva's Initial&: _