R2024-339 Resolution Authorizing An Agreement with JPL Enivronmental Engineering to Prepare A Grant-Funded Plan for Composting and Food Waste Reduction

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I. NOTIFY THE PROFESSIONAL.SERVICE PROVIDER.OF I}11FECTS OR DEVELOPMENT. Give prompt written notice to the Professional Service Prw,?id r whenever the City's Representative observes or otherwise becomes aware of any development that affects the scope or timing of the Professional Service Provider's services,or any defect in the work of the Contractor(s). SECTION IV. GENERAL COl•ISIIDERATIONS A. SUCCESSORS AND ASSIGNS.The City and the Professional Service Provider each binds their respective partners,successors,executors,administrators and assigns to the other party of this Agreement and to the partners,successors,executors,administrators,and assigns of such other party, in respect to all covenants of this Agreement;except as below,neither the City nor the Professional Service Provider shall assign,sublet,orKtransfer their respective interests in this Agmernents without the written consent of the oxer.Nothing herein shall be consbued as created any personal liability on. the part of any officer or agent of any public body which may be a party hereto,nor shall it be construed as giving any righiic or benefits hereunder to anyone other than the City and the Professional Service Provider. B. OWNERSHIP OF DOCUMENTS_ All drawings,specifications,reports,records;and other work product developed by the Professional Service Provider in cormection with this Project are public documents and,upon payment to the Professional Service Provider shall remain the property of the City whether the Project is completed or not. Reuse of any of the work product of the Professional Service Provider by the City on extensions of this Project or any other project without written permission of the Professional Service Provider shall be at the City's risk and the City agrees to defend,in le-nmify and hold harmless the Professional Service Provider from all damages and costs including attorney fees arising out of such reuse by the City or others acting through the City. C. ESTIMATES OF COST(COST OPINION).-Since the Professional Service Provider has no control over the cost of labor and materials,or over competitive bidding and market conditions,estimates of construction cost provided are to be made on the basis of the Professional Service Provider's experience and qualifications,but the Professional Service Provider does not guaramec the accuracy of such estimates as compared to the Contrscto€'s bids or the Project construction cost. D. INSURANCE. 1. Requirement, During the term of this Agreeratent,at its own cost and expense,the Professional Service Provider shall maintain in full fbrce and effect insurance policies as enumerated below. 2. Policy Form. All policies shall be writt o on an occurrence basis. 3. Additional Insured. The City of Decatur and its officers and employees shall be named as additional insured parties on the general liability policy and included as additional insured parties on the automobile liability policy. The City's interests as additional insured parties shall be on a primary and non-contributory basis on all policies and noted as such on the insurance certifwates. 4. Qualification of Insurers. All policies will be written with ins mance eanriem qualified to do business in the State of Illinois rated A-VIII or better in the latest Best's Key Rating Ouide. 5. Form of Policy. All policies shall be written on the most current Insurance Service Office(ISO) or Na3ismal Council on Compensation hisurance(NCCI)form or a mz=mApt for if coverage is broader than the ISO or NCCd form. Last dtrriscd:2017-WOI