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CONTRACTUAL SERVICES <br />Page 7 of 13 <br />section. The City's failure to notify the Consultant of a claim within seven <br />days shall not release the Consultant from any of the requirements of this <br />section upon subsequent notification by the City to the Consultant of the <br />claim. The City and the Consultant will pay their own cost for the <br />evaluation, settlement negotiations and trial, if any. However, if only one <br />party participates in the defense of the claim at trial, that party is <br />responsible for all costs, but if the verdict determines that there is joint <br />responsibility the costs and liability for damages will be shared in the <br />same percentage as that judicially established. <br />B . The Consultant shall have and maintain during the term of this <br />Agreement, a professional liability insurance policy or policies, or an <br />irrevocable letter of credit established pursuant to Chapter 675 and <br />Section 337.106, Florida Statutes, with a company or companies <br />authorized to do business in the State of Florida, affording professional <br />liability coverage for the professional services to be rendered in <br />accordance with this Agreement in the amount of $1,000,000. <br />5. COMPLIANCE WITH LAWS: <br />A . All final plans, documents, reports, studies and other data prepared by the <br />Consultant shall bear the professional's seal/signature, in accordance with <br />the applicable Florida Statute that governs and Administrative Rules <br />promulgated by the Department of Business and Professional Regulation, <br />and guidelines published by the City, in effect at the time of execution of <br />this Agreement. In the event that changes in the Statute or Rules create a <br />conflict with the requirements of the published guidelines, requirements of <br />the Statute and/or Rules shall take precedence. <br />B. Chapter 337.162 Florida Statutes applies as follows: <br />(1) If the City has knowledge or reason to believe that any person has <br />violated the provisions of state professional licensing laws or rules, <br />it shall submit a complaint about the violations to the Department of <br />Business and Professional Regulation. The complaint shall be <br />confidential. <br />(2) Any person who is employed by the City and who is licensed by the <br />Department of Business and Professional Regulation and who, <br />through the course of his employment, has knowledge to believe <br />that any person has violated the provisions of state professional <br />licensing laws or rules shall submit a complaint about the violations <br />to the Department of Business and Professional Regulation. <br />Failure to submit a complaint about the violations may be grounds <br />for disciplinary action pursuant to Chapter 455 and the state <br />\\Ch-jefferson\util$\Projects\2006 Projects\RFQ 2006-03 Professional Infrastructure Review\Glatting, Jackson, etc. Agreement.doc <br />