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<br />(305) 947-0606 phone (305) 949-3 113 Fax <br /> <br />10. ASSIGNMENTS. TRANSFERS. SUBCONTRACTING. The Consultant shall not <br />subcontract, assign or transfer any work under this agreement without the prior written consent <br />of the City. Should the Consultant subcontract any services under this agreement, it shall be <br />done with continued liability for the Consultant. The Consultant shall remain responsible for <br />services, responsibilities and liabilities of any person or entity acting under Consultant. <br /> <br />11. TIME OF COMPLETION. The services to be rendered by the Consultant shall be <br />commenced upon execution of this contract and shall be completed within the time specified in <br />this Agreement. A reasonable extension of time shall be granted in the event the work of the <br />Consultant. is delayed or prevented by the City or by circumstances beyond the reasonable <br />control of the Consultant including weather conditions of acts of God which render the <br />performance of the Consultant's duty impracticable. <br /> <br />12. AUTHORITY TO PRACTICE. Consultant hereby represents and warrants that it has <br />and will continue to maintain all licenses and approvals required to conduct its business and that <br />it will at all times conduct its business activities in a reputable manner. Proof of such licenses <br />and approvals shall be submitted to the City prior to commencement of work under this <br />Agreement. <br /> <br />13. MODIFICATIONS OF WORK. The City reserves the right to make changes in the <br />work, including alterations, reductions or additions thereto. Upon receipt of the City's <br />notification of a contemplated change, the Consultant shall (1) if requested by the City, provide <br />an estimate for the increase or decrease in cost due to the contemplated change, (2) notify the <br />City of any estimated change in completion date, and (3) advise the City in writing if the <br />contemplated change shall affect the Consultant's ability to meet the completion dates or <br />schedules of this Agreement. <br /> <br />14. COORDINATION OF SERVICES. The City's representative/liaison during the <br />performance of this Agreement shall be James Watts of the Public Works Department, <br />telephone number 305/947-0606. Consultant shall not respond to requests for services under <br />this Agreement unless the request is received directly from James Watts or designated <br />personnel. Any requests received from other City departments/divisions shall be referred to the <br />Public Works Department representative designated above. Services performed without <br />authorization by the James Watts of the Public Works Department shall be considered <br />unauthorized and shall not be compensated/paid by the City. <br /> <br />15. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or <br />controversy arises hereunder then such dispute or controversy shall be settled by arbitration in <br />accordance with the procedures, rules and regulations of the American Arbitration Association. <br />The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment <br />upon the award rendered by the arbitrator may be entered in any court having jurisdiction. <br />Arbitration shall be held in Miami-Dade County, Florida. The non-prevailing party shall pay all <br />costs of arbitration and attorneys' fees incurred by the parties or, if neither party prevails on the <br />whole, each party shall be responsible for a portion of the costs of arbitration and their respective <br />attorneys' fees as may be determined by the court on confirmation. <br /> <br />Page 6 of9 <br /> <br />Landscaping-Irrigation Consulting Agreement O'leary <br />