Reso 2025-3915 - Laserfiche WebLink

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7.3 The Consultant shall exercise the same degree of care, skill and diligence in the performance of the services as is ordinarily provided by a professional landscape architect under similar circumstances. If at any time during the term of any Project Agreement, Letter 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 its drawings/services, re -perform services which fail to satisfy the foregoing standard of care as determined by the City. 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 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 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 of this Agreement as though set forth in full. The Consultant agrees to incorporate the provisions of this Section 9.1 into any subcontract. SECTION 10 OWNERSHIP OF DOCUMENTS/DELIVERABLES 10.1 All subcontracts for the preparation of reports, studies, plans, drawings, specifications, or other data entered into by the Consultant for a project shall provide that all such documents and rights obtained by virtue of such subcontracts shall become the property of the City. Authorized City Representative's Initials:► Authorized Consultant Representative's Initials: 6 4X�,