10-2137 Continuing Professional Stormwater Services Consultant Agreement

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CONTRACTUAL SERVICES Page 6 of 20 review, approval or acceptance of, nor payment for, any of the services required shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement and the Consultant shall be and remain liable to the City in accordance with applicable law for all damages to the City caused by Consultant's negligent performance or failure to perform any of the services furnished under this Agreement. (3) The rights and remedies of the City, provided for under this Agreement, are in addition to any other rights and remedies provided by law. (4) Consultant will, in all professional matters, act as a faithful adviser to City and, insofar as any of its duties are discretionary, act as the City's Representative as between City and third parties. (5) Where Consultant is to interface with other consultants and contractors employed by City, Consultant will work cooperatively and harmoniously with the other consultants and contractors to accomplish the objectives of City within the time limits required. (6) Consultant shall furnish a Consultant Designated Representative to administer, review, and coordinate the provision of services under this Agreement and each Supplemental Agreement: 3. CORPORATE REPRESENTATIONS BY CONSULTANT: Consultant hereby represents and warrants to the City the following: A. Consultant is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. B. The undersigned signatory for Consultant has the power, authority, and the legal right to enter into and perform the obligations set forth in this Agreement and all applicable exhibits thereto, and the execution, delivery, and performance hereof by Consultant has been duly authorized by the board of directors and/or president of Consultant. In support of said representation, Consultant agrees to provide a copy to the City of a corporate certificate of good standing provided by the State of Florida prior to the execution of this Agreement. C. Consultant is duly licensed under all local, state and federal laws to provide the work stated in Section 1 herein. In support of said representation, Consultant agrees to provide a copy of all said licenses to the City prior to the execution of this Agreement.