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Res 2001-204
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Res 2001-204
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7/10/2006 4:40:19 PM
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City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2001-204
Date
11/26/2001
Volume Book
145
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<br />have any relation to the Project. The Planning Consultant may rely upon the accuracy and completeness of such <br />plans, maps, studies, statistics, computations and/or other data provided to him by the City unless noted by the City. <br /> <br />SECTION V <br />Compensation and Method of Payment <br /> <br />The parties agree that the Planning Consultant shall be compensated for all services provided pursuant to this <br />CONTRACT in the amount and manner described and set forth in the Compensation Schedule attached hereto as <br />Exhibit "B", and which is thereby made a part of this CONTRACT. The Planning Consultant further agrees that he <br />wiJJ prepare invoices which correlate to the Compensation Schedule as described in said Exhibit "B". <br /> <br />SECTION VI <br />Legal Services <br /> <br />The Planning Consultant will provide for legal advice to the City on legal issues through the law firm of Morgan & <br />McCool, PC, which also will assist Planning Consultant in undertaking the Scope of Services. The Planning <br />Consultant and City agree that for purposes of advising the City on legal matters, the City is the client of Morgan <br />& McCool, Pc. <br /> <br />SECTION VII <br />Standard of Care <br /> <br />The Planning Consultant wiJJ perform and complete work related to the Project in a good and workmanlike <br />manner. The performance of all services by the Planning Consultant under this CONTRACT will be by persons <br />appropriately licensed or registered under State, local and Federal laws, where such licensing or registration is <br />required. In performing aJJ services under this CONTRACT, the Planning Consultant will use that degree of care <br />and skiJJ ordinarily exercised for similar projects by professional consulting firms who possess special expertise in <br />the types of services involved under this CONTRACT. In performing aJJ services under this CONTRACT, the <br />Planning Consultant wiJJ comply with all local, state and federal laws. The Project Coordinator shaJJ at aJJ times <br />have access to the work for the purpose of inspecting the work and determining that the work is being performed in <br />accordance with the terms of this CONTRACT. <br /> <br />SECTION VIII <br />Independent Contractor Relationship; Subcontractors <br /> <br />In performance of the services hereunder, the Planning Consultant shaJJ be an independent contractor with the sole <br />authority to control and direct the performance of the details of the work. The Planning Consultant is self- <br />employed, shaJJ not purport to be an employee or an agent of the City, and shall not have any right or power to bind <br />the City to any obligation not otherwise specificaJJy authorized in writing by the City. The Planning Consultant <br />shall provide its own premises for performance of its duties hereunder, but shall have free access to the premises of <br />the City during reasonable working hours and any information, records and other material relevant to its work <br />hereunder. Legal advice and assistance shall be provided by Terry Morgan of Morgan & McCool, Pc. Engineering <br />services shall be provided by Turner CoJJie & Braden, Inc. AJJ professional services associated with this project <br />shaJJ be performed by the Planning Consultant, Morgan & McCool, PC, Turner Collie & Braden, Inc. and such <br />other sub-consultant(s) as the City may approve in conjunction with performance of specifically identified tasks in <br />the Scope of Services. No other professional services under the Scope of Services for this Project shall be sub- <br />contracted without the City's permission. <br /> <br />SECTION IX <br />Indemnity; Insurance <br /> <br />A. The Planning Consultant agrees to hold harmless, indemnify and defend the City and its employees, agents, <br />officers and servants from all lawsuits, claims, demands and causes of action accruing against the City for loss of life <br /> <br />Dunkin-Sefko Development Code (10/08/2001) <br /> <br />2 <br />
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