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LPFD Professional Services Agreement Page 5 <br />Rev. 12/2023 <br />make those determinations. Notwithstanding any other provision of this Agreement, <br />including but not limited to those contained in this section and Exhibit B, Consultant, in <br />lieu of any insurance requirements contained herein, may fulfill such insurance obligations <br />through its alternative risk management programs including self-insurance, and LPFD <br />consents to such self-insurance and agrees that, in such case, Consultant cannot provide <br />endorsements or report deductibles, or self-insured retentions, or other requirements that <br />are inconsistent with a program of self-insurance. LPFD also agrees that Consultant’s <br />fulfillment of the insurance requirements through alternate risk management programs <br />shall not constitute a breach of this Agreement. <br />13. Acceptance of Final Payment. Consultant’s acceptance of final payment will <br />release LPFD from any and all claims and liabilities for compensation under this <br />Agreement. <br />14. Acceptance of Work. LPFD’s acceptance of, or payment to Consultant for, the <br />Services does not release Consultant from its responsibility for the accuracy, <br />completeness, or competency of the Services, nor do the actions constitute an <br />assumption of Consultant’s responsibility or liability by LPFD for any defect or error in the <br />Services. <br />15. Conflict of Interest. Consultant represents that no LPFD employee or official has <br />a financial interest in Consultant. Consultant shall not offer, encourage, or accept any <br />financial interest in any part of Consultant's business by or from a LPFD employee or <br />official during the term of this Agreement or as a result of being awarded this Agreement. <br />If any of the Services are paid by reimbursement from an agreement between LPFD and <br />a private party, Consultant represents that it has not performed any work for that private <br />party during the 12-month period prior to the execution of this Agreement, and that it shall <br />not negotiate, offer or accept any contract for services from that party during the term of <br />this Agreement. <br />16. Economic Disclosure. Consultant shall comply with LPFD’s local conflict of <br />interest code and the Political Reform Act, and prepare and file an economic disclosure <br />statement if the Services involve making, or participation in making, decisions which may <br />have a material effect on the Consultants’ financial interest. While it is Consultant’s sole <br />responsibility to evaluate its conflicts of interest, the Consultant nevertheless agrees to <br />prepare and file an economic disclosure statement if requested by LPFD. <br />17. Non-Exclusive Agreement. This is a non-exclusive agreement. LPFD reserves <br />the right to provide, and to retain other consultants to provide, services that are the same <br />or similar to the Services described in this Agreement. <br />18. No Assignment. Consultant shall not assign or subcontract any of the Services <br />without LPFD’s prior written consent. For the purposes of this section, a change of fifty- <br />percent or more in the ownership or control of Consultant constitutes an assignment. <br />19. Remedies. All remedies permitted or available under this Agreement, or at law <br />or in equity, are cumulative and alternative, and the invocation of a right or remedy will <br />not be construed to waive or elect a remedy with respect to any other available right or <br />remedy. As a condition precedent to commencing legal action involving a claim or dispute <br />Docusign Envelope ID: 7BD6423C-AD7B-4A90-8535-BB57FAA52A1EDocusign Envelope ID: 1056AD7A-5F75-8291-81D6-7251B9722F37