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Agreement or the construction of the specific project for which the Consultant has provided landscape architectural services under a prior Project Agreement or Letter Agreement, it is determined that the Consultant's documents are incorrect, defective or fail to conform to the scope of services, due to Consultant's negligent acts or failure to act, errors or omissions, upon written notification from the City, the Consultant shall immediately proceed to correct the work, re -perform services which fail to satisfy the foregoing standard of care as determined by the City, and Consultant shall compensate the City as provided in Section 7.3.1 for all costs and expenses associated with correcting said incorrect or defective work, including any additional testing and inspections. The City's rights and remedies under this section are in addition to, and are cumulative of, any and all other rights and remedies provided by this Agreement, the Project Agreement, the Letter Agreement, by law, equity or otherwise. 7.3.1 Where Consultant's actions as described in Section 7.3 result in a Change Order to the Contract for Construction with the Contractor, the Consultant shall compensate the City for the cost of the Change Order work that exceeds the cost of the work had it been included in the construction documents at the time that bids for construction were received by the City, plus the total of the Contractor's overhead and fifty -percent (50%) of profit included in the approved Change Order. 7.3.2 Any time added to the project schedule in a Change Order that is a result of Consultant's actions as described in Section 7.3 cannot be claimed by the Consultant as additional services nor compensated to the Consultant in any way. 7.4 The Consultant's obligations under Sections 7.3 and 7.3.1 shall survive termination, cancellation, or expiration of this Agreement or any Project Agreement or Letter Agreement. 7.5 Any and all drawings, plans, specifications, or other construction or contract documents prepared by the Consultant shall be accurate, coordinated and adequate for construction and shall be in conformity and comply with all applicable law, codes, and regulations. Products, equipment, and material specified for use shall be readily available unless written authorization to the contrary is given by the City. SECTION 8 POLICY OF NON-DISCRIMINATION 8.1 The Consultant shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work and shall not discriminate on the grounds of race, color, national origin, sex, gender identity, sexual orientation, age, disability/handicap, religion, family or income status. SECTION 9 CODE OF ETHICS 9.1 The Consultant and its employees shall be bound by the provisions of the City Code of Ethics provided in Chapter 33 of the Code of the City of Sunny Isles Beach, Florida, as may be amended from time to time, which standards shall by this reference be made a part Authorized City Representative's Initials: Authorized Consultant Representative's Initials: MSK 6