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<br />interest by City, This indenuufication agreement is separate and apart from, and in no way limited
<br />by, any insurance provided pursuant to this Agreement or otherwise, The parties mutually
<br />acknowledge that the provisions of §725.48, Fla, Stat,, have been fulfilled and govern this
<br />provision. This paragraph shall not be construed to require Consultant to indemnify the City for its
<br />own negligence, or intentional acts of the City, its agents or employees, This clause shall survive
<br />the expiration or termination of this Agreement.
<br />13, TERMINATION,
<br />13.1 The City shall have the right to terminate this Agreement, in whole or in part, with or
<br />without cause, and for its convenience, upon thirty (M) days written notice to Consultant. In the
<br />event of termination, the City shall compensate the Consultant for all authorized work satisfactorily
<br />performed through the termination date under the payment terms set forth herein,
<br />112 Consultant shall immediately deliver all documents, written information and other
<br />materials concerning City projects in its possession to the City and shall cooperate'in transition of
<br />its consulting duties to appropriate parties at the direction of the City,
<br />13,3 Upon termination, this Agreement shall have no further force or effect and the
<br />parties shall be relieved of all farther liability hereunder, except that the provisions of this Section
<br />shall survive termination of this Agreement and remain in full force and effect.
<br />14. NOT.ICE. All written notices, demands and other communications required or provided
<br />for under this Agreement shall be sent by certified mail, return receipt requested, postage prepaid, in
<br />the case of mailing, or by overnight or same day courier, or by electronic transmission producing a
<br />written record, or hand delivered to Consultant at the address on the first page of this Agreement,
<br />attention: 3, Craig Dunlap or to the City, at the address on the first page of this Agreement,
<br />attention: City Manager, with a copy to the Finance Director, or to such other address or person as
<br />shall be designated by a party in a written notice given in the manner required hereby.
<br />15, TAXES. Consultant nnnderstands that in perforining the Services for the City, Consultant
<br />is not exempt from paying sales tax to Consultant's suppliers for materials required for Consultant
<br />to perform under this Agreement. Consultant shall not be authorized to use the City's tax exemption
<br />:number for purchasing supplies or materials.
<br />16. AVAILABILITY.' OF FUNDS, This Agreement is expressly conditioned upon the
<br />availability of funds lawfully appropriated and available for the purposes set out herein as
<br />determined in the sole discretion of the City. In the event funds to finance this Agreement become
<br />unavailable, the City may terminate this Agreement upon no less than twenty -four (24) hours notice
<br />to Consultant, The City shall be the sole and final authority as to the availability of Rinds,
<br />17. NON - DISCRIMINATION. Consultant shall not discriminate against any employee or
<br />applicant for employment because of race, color, religion, sex, national origin, age, disability,
<br />familial status, marital status or sexual orientation, or any other factor which cannot be lawfully
<br />used as a basis for service delivery.
<br />18. ASSIGNMENT. This Agreement requires the personal skills and experience of
<br />Consultant and may not be assigned by Consultant, This Agreement shall be binding upon and
<br />goOlfs
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