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DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1ED8AA <br />Exhibit A - RFP E-03-22 <br />presentations (if deemed necessary) with a score of "1" assigned to the short-listed <br />Proposer deemed most qualified by the Committee. <br />Each company should submit documentation that evidences the company's capability to <br />provide the services required for the Committee's review for short listing purposes. After <br />an initial review of the Proposals, the City may invite Proposers for an interview to discuss <br />the Proposal and meet company representatives, particularly key personnel who would <br />be assigned to the project. Should interviews be deemed necessary, it is understood that <br />the City shall incur no costs as a result of this interview, nor bear any obligation in further <br />consideration of the submittal. <br />When more than three responses are received, the committee shall furnish the City <br />Commission (for their approval) a listing, in ranked order, of no fewer than three <br />companies deemed to be the most highly qualified to perform the service. If three or fewer <br />companies respond to the RFP, the list will contain the ranking of all responses. <br />The City Commission has the authority to (including, but not limited to); approve the <br />recommendation; reject the recommendation and direct staff to re -advertise the <br />solicitation; or, review the responses themselves and/or request oral presentations and <br />determine a ranking order that may be the same or different from what was originally <br />presented to the City Commission. <br />I. Hold Harmless and Indemnification <br />Proposer covenants and agrees that it will indemnify and hold harmless the City and all of <br />its officers, agents, and employees from any claim, loss, damage, cost, charge or expense <br />arising out of any act, action, neglect or omission by the Proposer, whether direct or <br />indirect, or whether to any person or property to which the City or said parties may be <br />subject, except that neither the Proposer nor any of its subcontractors will be liable under <br />this section for damages arising out of injury or damage to persons or property directly <br />caused by or resulting from the sole negligence of the City or any of its officers, agents or <br />employees. <br />J. Right to Audit <br />Successful Proposer's records which shall include but not be limited to accounting records, <br />written policies and procedures, computer records, disks and software, videos, <br />photographs, subcontract files (including proposals of Successful and Unsuccessful <br />Proposers), originals, estimates, estimating worksheets, correspondence, change order <br />files (including documentation covering negotiated settlements), and any other supporting <br />evidence necessary to substantiate charges related to the contract (all the foregoing <br />hereinafter referred to as "records") shall be open to inspection and subject to audit and/or <br />reproduction, during normal working hours, by City's agent or its authorized representative <br />to the extent necessary to adequately permit evaluation and verification of any invoices, <br />payments or claims submitted by the Successful Proposer or any of its payees pursuant <br />to the execution of the contract. Such records subject to examination shall also include, <br />but not be limited to, those records necessary to evaluate and verify direct and indirect <br />costs (including overhead allocations) as they may apply to costs associated with the <br />contract. <br />For the purpose of such audits, inspections, examinations and evaluations, the City's <br />agent or authorized representative shall have access to said records from the effective <br />12 <br />