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9.F.c <br />ARTICLE VII RESPONSIBILITY OF CONSULTANT <br />CONSULTANT shall perform its services to the best of its ability in accordance with industry <br />standards, this Agreement, and applicable laws and regulations. <br />CONSULTANT agrees to correct deficiencies resulting from the negligent performance of its <br />services which are discovered and reported to CONSULTANT within one year from the date of <br />completion of its services hereunder. If CONSULTANT does not correct deficiencies as written <br />in this Article, then he shall be liable for the amount necessary to replace the services <br />necessary for such corrections. Under no circumstances shall CONSULTANT, it's <br />subcontractors and suppliers, be liable to CITY for any consequential damages including loss of <br />use or loss of profit, except that CONSULTANT shall be liable to CITY, and shall hold the CITY <br />harmless therefrom, for Toss or damage arising out of or in connection with CONSULTANT'S <br />negligent performance of this agreement. It is understood by CONSULTANT and the CITY that <br />CONSULTANT shall provide insurance against the possibility of such negligence, as provided <br />by Paragraph 23 of this Agreement. <br />ARTICLE VIII STATE FUNDING REQUIREMENTS <br />The CONSULTANT agrees to comply with the provisions of the State of Arizona Executive <br />Order 76-5, as amended by Arizona Executive Order 99-4, relating to equal opportunity which is <br />herein incorporated by reference. <br />ARTICLE IX AUDIT <br />The CONSULTANT shall grant the City of Prescott, ADOT, the FAA, or its duly authorized <br />representatives to have access to any books, documents, papers and records of the <br />CONSULTANT which are directly pertinent to this Agreement for the purpose of making audit, <br />examination, excerpts, and transcriptions. <br />ARTICLE X BREACH OF CONTRACT TERMS - SANCTIONS <br />Any violation or breach of the terms of this Agreement on the part of the CONSULTANT may <br />result in the suspension or termination of this Agreement or such other action which may be <br />necessary to enforce the rights of the parties of this Agreement. <br />ARTICLE XI CERTIFICATION OF THE ENGINEER <br />I hereby certify that I am an officer and duly authorized representative of the firm of Dibble & <br />Associates Consulting Engineers dba Dibble Engineering, whose address is 7878 North 16'h <br />Street, Suite 300, Phoenix, AZ 85020, and that neither I nor the above firm represented has: <br />1. Employed or retained for a commission, percentage, brokerage, contingent fee, or other <br />consideration, any firm or person (other than a bona fide employee working solely for me <br />or the above CONSULTANT) to solicit or secure this Agreement. <br />2. Agreed, as an express or implied condition for obtaining this contract, to employ or retain <br />the services of any firm or person in connection with carrying out the Agreement; except <br />as here expressly stated. <br />I acknowledge that this certificate is to be furnished to the Federal Aviation Administration of the <br />United States Department of Transportation, in connection with this Agreement involving <br />Page 13 of 23 <br />citu <br />c <br />0 <br />u <br />am <br />w <br />a� <br />c <br />c <br />w <br />a) <br />0 <br />co <br />_N <br />N <br />o <br />(o' <br />0 <br />o) <br />0 <br />N <br />0 <br />z <br />r <br />a: <br />r <br />c <br />0 <br />0 <br />4 <br />0 <br />al <br />c <br />• <br />0 <br />a) <br />c <br />.0) <br />w <br />a) <br />.0 <br />sa <br />s <br />3 <br />c <br />a> <br />E <br />0 <br />0 <br />En <br />Q <br />r <br />c <br />s <br />4-a <br />N <br />c <br />O <br />0 <br />rn <br />c <br />0 <br />a> <br />c <br />.Ea <br />c <br />w <br />r <br />c <br />a) <br />E <br />s <br />c) <br />z <br />a <br />Packet Pg. 218 <br />