10-2137 Continuing Professional Stormwater Services Consultant Agreement

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CONTRACTUAL SERVICES Page 15 of 20 extent as if Consultant had furnished the Project Services itself. The Consultant is fully responsible for satisfactory completion of all subcontracted work. The Consultant, however, shall not sublet, assign or transfer any work under this Agreement without the written consent of the City. It is understood and agreed that the City will not, except for such services so designated in a Supplemental Agreement, permit or authorize the Consultant to perform less than the total contract work with other than its own organization. B. Any Subconsultant Agreement shall be in writing and shall incorporate this Agreement and require the Subconsultant to assume performance of Consultant's duties commensurately with Consultant's duties to the City under this Agreement, it being understood that nothing herein shall in any way relieve Consultant from any of its duties under this Agreement. Consultant shall provide the City with copies of all Subconsultant Agreements. 10. SOVEREIGN IMMUNITY: Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable under this Agreement, for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). 11. MISCELLANEOUS: A. Reference herein to Director shall mean the Director of Public Works. B. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. C. In the event that a court of valid jurisdiction finally determines that any provision of this agreement is illegal or unenforceable, this Agreement shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remain in full force and effect, and to this end the provisions of this Agreement are declared to be severable. D. There are no understandings or agreements except as herein expressly stated.