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SECTION 12 NO CONTINGENT FEE
<br />12.1 The Consultant warrants that it has not employed or retained any company or person, other
<br />than a bona fide employee working solely for the Consultant, to solicit or secure this
<br />Agreement and that it has not paid or agreed to pay any person, company, corporation,
<br />individual or firm, other than a bona fide employee working solely for the Consultant, any
<br />fee, commission, percentage, gift, or other consideration contingent upon or resulting from
<br />the award or making of this Agreement. In the event the Consultant violates this provision,
<br />the City shall have the right to terminate this Agreement or any Project Agreement or Letter
<br />Agreement, without liability, and at its sole discretion, to deduct from the Agreement price,
<br />or otherwise recover, the full amount of such fee, commission, percentage, gift or
<br />consideration.
<br />SECTION 13 INDEPENDENT CONTRACTOR
<br />13.1 The Consultant is an independent contractor under this Agreement. Personal services
<br />provided by the Consultant shall be by employees or subcontractors of the Consultant who
<br />shall be subject to supervision by the Consultant, and who shall not be deemed officers,
<br />employees, or agents of the City. Personnel policies, tax responsibilities, social security
<br />and health insurance, employee benefits, purchasing policies and other similar
<br />administrative procedures applicable to Services rendered under this Agreement shall be
<br />those of the Consultant and not City.
<br />SECTION 14 INDEMNIFICATION/HOLD HARMLESS
<br />14.1 To the fullest extent permitted by law, the Consultant agrees to indemnify and hold -
<br />harmless the City, its officers and employees from liabilities, damages, losses, and costs,
<br />including, but not limited to, reasonable attorneys' fees, but only to the extent caused by
<br />the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other
<br />persons employed or utilized by the Consultant in performance of this Agreement. This
<br />indemnification shall survive the term of this Agreement.
<br />14.2 PURSUANT TO FLORIDA STATUTES §558.0035, A DESIGN PROFESSIONAL
<br />EMPLOYED BY CONSULTANT MAY NOT BE HELD INDIVIDUALLY LIABLE
<br />FOR DAMAGES RESULTING FROM NEGLIGENCE OCCURING WITHIN THE
<br />SCOPE AND OF PROFESSIONAL SERVICES UNDER THIS AGREEMENT.
<br />SECTION 15 INSURANCE
<br />15.1 Consultant agrees to maintain, on a primary non-contributory basis and at its sole expense,
<br />at all times during the life of this Agreement, the following insurance coverages, limits,
<br />including endorsements described herein. The requirements contained herein, as well as
<br />City's review or acceptance of insurance maintained by Consultant is not intended to and
<br />shall not in any manner limit or qualify the liabilities or obligations assumed by Consultant
<br />under this Agreement. Any coverage maintained by the City shall apply excess of, or
<br />contingent upon the absence of, other insurance required or maintained by Consultant.
<br />Authorized City Representative's Initials Authorized Consultant Representative's Initials:
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