|
<br />G. All insurance, other than Professional Liabilily and Workers Compensation to be maintained
<br />by the CONSULTANT shall specifically include the CITY as an "Additional Insured".
<br />
<br />Certificates of Insurance shall also contain a valid provision or endorsement that these
<br />policies may not be canceled, terminated, changed, or modified without a thilty (30) day
<br />written notice to the City. In the cancellation clause the word "ENDEAVOR" shall be
<br />excluded and the number 30 inserted in the blank space provided before the word "days
<br />prior notice...". All contractor policies are to be considered primary to City coverage and
<br />shall not contain co-insurance provisions.
<br />
<br />ARTICLE 10 - TIMELY ACCOMPUSwlMENT Of SERVICES
<br />
<br />The timely and expeditious accomplishment and completion by the CONSULTANT of all professional
<br />services provided pursuant to this Agreement, and any Amendments or changes thereto, is of the
<br />essence. The CONSULTANT agrees to employ, engage, retain and/or assign an adequate number of
<br />personnel throughout the period of this /-\greelllent so that all professional services provided
<br />pursuant to this Agreement, any Amendments or changes thereto will be provided, pelformed and
<br />completed in a diligent, continuous, expeditious ane! timely manner throughout
<br />
<br />ARTICLE 11 - STANDARD OF SERVICES PROVIDED
<br />
<br />The CONSULTANT agrees to provide and perform the professional services provided pursuant to this
<br />Agreement, and any Amenclmellts or changes thereto, in accordance with generally accepted
<br />standards of professional practice and in accordance with the laws, statutes, ordinance, codes,
<br />rules, regulations and requirements of any and all governmental agencies which may regulate or
<br />have jurisdiction over tile project and services to be provided and/or performed by the
<br />CONSULTANT, and by any Sub-consultant(s) and/or subcontractor(s) engaged by the CONSULTANT.
<br />
<br />In addition, the CONSULTANT hereby represents and warrants that is has and will continue to
<br />maintain all licenses and approvals required to conduct its business, and that it will at all times
<br />conduct it business activities in a reputable manner.
<br />
<br />ARTICLE 12 - INDEMNIFICATION
<br />
<br />The CONSULTANT shall indemnify anclholcl harmless the CITY, its officers, agents, and employees
<br />harmless from and against all claims, suits, actions, damages and/or cause of action which may
<br />arise from any negligent act or omission of the CONSULTANT, its agents, servants, or employees as
<br />a result of the performance of services under this Contract, and from and against all costs,
<br />attorney's fees, expenses and liabilities incurred in or by reason of tile defense of any such c1aimr
<br />suit or action, and the investigation thereof. Nothing in the Contract shall be deemed to affect the
<br />rigllts, privileges and immunities of tile CITY as set forth in Florida Statutes 768.28.
<br />
<br />ARTICLE 13 - SUCCESSORS AND ASSIGNS
<br />
<br />The CITY and the CONSULTANT each binds itself and its partners, successors, e)(ccutorsr
<br />administrators and assigns to the other party of this Contract and to tile partners, successors,
<br />executors, administrators and assigns or such other party, in respect to all covenants or- this
<br />Contract. Except as above, neither the CITY nor lhe CONSULTANT shal assign, sublet, conveyor
<br />transfer its interest in this Contract without tile written consent of the other. Nothing herein sh<lll be
<br />
<br />r
<br />I:)
<br />
<br />'\
<br />,'''., ,
<br />'''.;) \ -
<br />
|