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the Estimated Construction Cost shall not be considered additional services and Consultant agrees that it shall
<br />not seek compensation from the City for such Services.
<br />SECTION 6 • MODIFICATIONS TO THE SCOPE
<br />Notwithstanding the foregoing provisions, the City reserves the right to make changes to a project or
<br />the scope of Professional Services under any work authorization at any time, Including alterations, reductions
<br />or additions thereto. Upon receipt by Consultant of the City's notification of a contemplated change,
<br />Consultant shall in writing: (i) provide a detailed estimate for the increase or decrease in Consultant's Fee and
<br />other design costs that would result from the contemplated change; (ii) if applicable, provide a detailed
<br />estimate for the increase or decrease in Estimated Construction Costs that would result from the contemplated
<br />change ; (iii) notify the City of any estimated change in the completion date; and (iv) advise the City how the
<br />contemplated change shall affect the Consultant's ability to meet the completion dates or schedules . If the
<br />City so instructs in writing, Consultant shall suspend work on the portion of the scope of services affected by a
<br />contemplated change, pending the City's decision to proceed with the change. If the City elects to make the
<br />change, the parties shall execute a written amendment to the applicable work authorization and Consultant
<br />shall not commence work on any such change until such amendment is signed by the parties. It is further
<br />acknowledged and agreed that changes or revisions of studies that do not Increase or change the overall
<br />estimate of time under the schedule shall be considered mere substitution of work for scope of work
<br />("Substituted Services") already included in the Fee. Substituted Services shall not in any circumstances be
<br />considered compensable as other expenses, and, to the extent that the event of Substituted Services causes
<br />an overall reduction in the amount of time for services considered in the Fee Schedule, such shall result in pro-
<br />rata reduction of the Fee.
<br />SECTION 7 -REPRESENTATIONS OF THE CONSULTANT
<br />7 .1 Authority.
<br />Consultant hereby represents and warrants to the City that it has full power and authority to enter into
<br />and fully perform its obligations under this Agreement without the need for any further corporate or
<br />governmental consents or approvals, and that the persons executing this Agreement are authorized to execute
<br />and deliver it.
<br />7 .2 Duly Licensed.
<br />Consultant represents that it is duly licensed to perform the Professional Services under this
<br />Agreement and that it will continue to maintain all licenses and approvals required to conduct its business.
<br />7 .3 No Solicitation.
<br />Consultant warrants that it has not employed or retained any company or person, other than a bona
<br />fide employee working solely for Consultant, to solicit or secure this Agreement and that it has not paid or
<br />agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working
<br />solely for Consultant, any fee, commission, percentage, gift, or any other consideration contingent upon or
<br />resulting from the award or making of this Agreement. In the event of a breach or violation of this provision by
<br />Consultant, the City shall have the right to terminate the Agreement without liability and, at its discretion, to
<br />deduct from the Fee, or otherwise recover, the full amount of such fee, commission, percentage, gift, or
<br />consideration.
<br />7 .4 Public Entity Crimes Act.
<br />Consultant represents that the execution of this Agreement will not violate the Public Entity Crimes Act
<br />(Section 287.133, Florida Statutes), and certifies that Consultant and any parent corporations, affiliates,
<br />subsidiaries, members, shareholders, partners, officers, directors or executives, and any sub-consultants
<br />under this Agreement, are not presently debarred, proposed for debarment or declared ineligible to bid or
<br />participate In any federal, state or local government agency projects and are not listed on the Florida convicted
<br />vendor list. Violation of this section may result in termination of this Agreement and recovery of all monies
<br />paid hereto, and may result in debarment from City's competitive procurement activities.
<br />Form -PSA CCNA Master 091914
<br />Erdman Anthony -14919
<br />101114
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