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DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1ED8AA <br />Exhibit A - RFP E-03-22 <br />The contract resulting from this RFP shall include, but not be limited to the following terms: <br />The contract shall include as a minimum, the entirety of this RFP document, together with <br />the Successful Proposer's Proposal. Contract shall be prepared by the City of Pompano <br />Beach City Attorney. <br />If the City of Pompano Beach defends any claim, demand, cause of action, or lawsuit <br />arising out of any act, action, negligent acts or negligent omissions, or willful misconduct <br />of the contractor, its employees, agents or servants during the performance of the <br />contract, whether directly or indirectly, contractor agrees to reimburse the City of Pompano <br />Beach for all expenses, attorney's fees, and court costs incurred in defending such claim, <br />cause of action or lawsuit. <br />Q. Waiver <br />It is agreed that no waiver or modification of the contract resulting from this RFP, or of any <br />covenant, condition or limitation contained in it shall be valid unless it is in writing and duly <br />executed by the party to be charged with it, and that no evidence of any waiver or <br />modification shall be offered or received in evidence in any proceeding, arbitration, or <br />litigation between the parties arising out of or affecting this contract, or the right or <br />obligations of any party under it, unless such waiver or modification is in writing, duly <br />executed as above. The parties agree that the provisions of this paragraph may not be <br />waived except by a duly executed writing. <br />R. Survivorship Rights <br />This contract resulting from this RFP shall be binding on and inure to the benefit of the <br />respective parties and their executors, administrators, heirs, personal representative, <br />successors and assigns. <br />S. Manner of Performance <br />Proposer agrees to perform its duties and obligations under the contract resulting from <br />this RFP in a professional manner and in accordance with all applicable local, federal and <br />state laws, rules and regulations. <br />Proposer agrees that the delivery of product and services provided under the contract <br />resulting from this RFP shall be provided by employees that are educated, trained and <br />experienced, certified and licensed in all areas encompassed within their designated <br />duties. Proposer agrees to furnish the City of Pompano Beach with all documentation, <br />certification, authorization, license, permit, or registration currently required by applicable <br />laws or rules and regulations. Proposer further certifies that it and its employees are now <br />in and will maintain good standing with such governmental agencies and that it and its <br />employees will keep all license, permits, registration, authorization or certification required <br />by applicable laws or regulations in full force and effect during the term of this contract. <br />Failure of Proposer to comply with this paragraph shall constitute a material breach of <br />contract. <br />T. Acceptance Period <br />Proposals submitted in response to this RFP must be valid for a period no less than one <br />hundred and twenty days (120) days from the closing date of this solicitation. <br />15 <br />