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AW , - 25 ' 03 ( MON ) t1 : 09 CONSOLIDATED RESOUR TEL : 941 758 8789 P 006
<br /> All amounts that are past due from the CITY shall accrue a late penalty fee equal to a rate
<br /> of 1 - 1 /2 % per month .
<br /> 6 . On January 1 of each year, beginning in 1998 , the base price shall be adjusted based on
<br /> the percentage of net change , during the previous calendar year, in the Consumer's Price
<br /> Index for the Central Florida Region .
<br /> 7 . Any changes in the services provided shall be agreed upon by both the CITY and the
<br /> CONTRACTOR and shall be covered by a Modification Agreement stipulating the increase
<br /> or decrease in the Contract Amount ,
<br /> 8 . The CONTRACTOR shall indemnify , hold harmless , and defend the CITY and their agents
<br /> and employees and anyone directly or indirectly employed by either of them , from and
<br /> against any and all liabilities , losses , claims , damages , demands , expenses or actions ,
<br /> either at law or in equity , including court cost and attorneys ' fees , that may be made or
<br /> brought by anyone on account of personal injury , property damage , loss of monies , or other
<br /> loss , to the extent caused or incurred , as a result of any negligent, fraud or defalcation by
<br /> the CONTRACTOR, or anyone performing any act required of the CONTRACTOR in
<br /> connection with performance of the Contract awarded pursuant to this Request for
<br /> Proposal .
<br /> 9. The CITY shall indemnify, hold harmless , and defend the CONTRACTOR, their agents and
<br /> employees and anyone directly or indirectly employed by either of them , from and against
<br /> any and all liabilities , losses , claims , damages , demands , expenses or actions , either at law
<br /> or in equity, including court cost and attorneys' fees , that may be made or brought by
<br /> anyone on account of personal injury, property damage , loss of monies , or other loss , to the
<br /> extent caused or incurred , as a result of any negligent , fraud or defalcation by the CITY, or
<br /> anyone performing any act required of the CITY in connection with performance of the
<br /> Contract awarded pursuant to this Request for Proposal .
<br /> 10 . During the performance of this Agreement , the CONTRACTOR herein assures the CITY
<br /> that said CONTRACTOR is in compliance with Title VII of the 1964 Civil Rights Act, as
<br /> amended , and the Florida Civil Rights Act of 1992 in that the CONTRACTOR does not on
<br /> the grounds of race , color, national origin , religion , sex, age, handicap or marital status ,
<br /> discriminate in any form or manner against said CONTRACTOR 'S employees or applicants
<br /> for employment . The CONTRACTOR understands and agrees that this Agreement is
<br /> conditioned upon the veracity of this Statement of Assurance. Furthermore , the
<br /> CONTRACTOR herein assures the CITY that said CONTRACTOR will comply with Title VI
<br /> of the Civil Rights Act of 1964 when Federal grant (s) is/are involved . Other applicable
<br /> Federal and State laws , executive orders and regulations prohibiting the type of
<br /> discrimination as hereinabove delineated are included by this reference thereto . This
<br /> Statement of Assurance shall be interpreted to include Vietnam Era Veterans and Disabled
<br /> Veterans within its protective range of applicability.
<br /> 11 . This Agreement shall be contingent upon the CONTRACTOR furnishing the CITY , when
<br /> required , a Certificate of Insurance , within ten ( 10) days after the date of execution of this
<br /> Agreement.
<br /> 12 , This Agreement may only be amended or modified by a written instrument executed by the
<br /> CITY and the CONTRACTOR.
<br /> 13 . Unless otherwise specified , this Agreement shall be governed by the laws , rules , and
<br /> regulations of Florida , or the laws , rules , and regulations of the United States when
<br /> providing services funded by the United States government and venue shall be in the CITY
<br /> OF ST, CLOUD , Florida .
<br /> 14 . Unless the CONTRACTOR'S breach is waived the CITY may , upon the giving of 30 days
<br /> written notice , terminate this Agreement for said breach . Waiver of a breach of any
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