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7.5 Standard of Care.
<br />The standard of care for all Professional Services perfonned or furnished by Consultant under this
<br />Agreement will be the care and skill ordinarily used by members of Consultant's profession practicing under
<br />similar circumstances.
<br />7 .6 Warranty of Design and Constructability
<br />Consultant hereby represents to City that where Professional Services includes development of
<br />Construction Drawings, Technical Specifications and Supplemental Conditions, such project, to the best of
<br />Consultant's knowledge, information and belief: (i) is and shall be designed in accordance with generally
<br />accepted architectural and engineering standards, as applicable, and generally accepted industry standards;
<br />and (ii} is constructible. Without waiver of City's other rights and remedies, City may require Consultant to
<br />perform again, at Consultant's sole cost and expense, any design services which were not performed in
<br />accordance with the standards set forth in this Agreement. Consultant hereby waives any claims which it may
<br />have or assert against the City with respect to this section, except and unless any failure of Consultant to
<br />perform, in whole or in part, is due to the action or inaction of the City. Without limiting any other remedy
<br />available to City, the Consultant shall furnish at its own expense any redesign or revisions to the Construction
<br />Documents, Technical Specifications and Supplemental Conditions necessary to correct any material errors,
<br />omissions, failures or deficiencies in such documents, and shall, at its sole cost and expense, correct any work
<br />performed in accordance with deficient documents. The City's review or approval of, or payment for, any
<br />Professional Services or deliverables under this Agreement and resulting work authorizations shall not be
<br />construed as a waiver of any rights under this Agreement or any cause of action arising out of performance
<br />under this Agreement. This section shall survive the expiration or termination of this Agreement.
<br />7.7. Ethics Provisions; No Conflicts of Interest.
<br />7.7.1 Consultant represents that it has not given or accepted a kickback in relation to this
<br />Agreement and has not solicited this Agreement by payment or acceptance of a gratuity or offer of
<br />employment.
<br />7.7.2 Consultant represents that it has not solicited this contract by payment of a gift or gratuity or
<br />offer of employment to any official, employee of the City or any City agency or selection committee.
<br />7.7.3 Consultant represents that it does not employ, directly or indirectly, the mayor, members of the
<br />municipal commission or any official, department director or member of any board, committee or agency of the
<br />City.
<br />7.7.4 Consultant represents that it does not employ, directly or indirectly, any official of the City.
<br />Consultant represents that it does not employ, directly or indirectly, any employee or member of any board,
<br />committee or agency of the City who, alone or together with his household members, own at least five percent
<br />{5%) of the total assets and/or common stock of Consultant.
<br />7.7.5 Consultant represents that it has not knowingly given, directly or indirectly, any gift with a
<br />value greater than $100 in the aggregate in any calendar year to the mayor, members of the City commission,
<br />any department director or head of any city agency, any employee of the city or any city agency, or any
<br />member of a board that provides regulation, oversight, management or policy-setting recommendations
<br />regarding the Consultant or its business.
<br />7 .7.6 Consultant represents that it presently has no interest and shall acquire no interest, either
<br />direct or indirect, which would conflict in any manner with its performance under this Agreement. The
<br />Consultant further represents that no person having any such interest shall be employed or engaged by it to
<br />provide the Professional Services.
<br />7.7.7 Consultant, its officers, personnel, subsidiaries and subcontractors shall not have or hold any
<br />continuing or frequently recurring employment, contractual relationship, business association or other
<br />Form -PSA CCNA Master 091914
<br />Erdman Anthony -14919
<br />101114
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