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City of WITT O'BRIEN'S <br /> Disaster Recovery Management Services <br /> When more than three responses are received, the committee shall furnish the City <br /> Commission (for their approval)a fisting, in ranked order,of no fewer than three firms <br /> deemed to be the most highly qualified to perform the service. If three or less firms <br /> 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 b) approve the <br /> recommendation; reject the recommendation and direct staff to re-advertise the <br /> sofidtatbn;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 /> 9. Hold Harmless and Indemnification <br /> Proposer covenants and agrees that It will indemnify and hold harmless the City and all <br /> of its offerers, agents, and employees from any claim, loss, damage, cost, charge or <br /> expense arising out of any act, action, neglect or omission by the Proposer, whether - <br /> direct or Indirect, or whether to any person or property to which the City or said parties <br /> may be subject, except that neither the Proposer nor any of its subcontractors will be <br /> liable under this section for damages arising out of Injury or damage to persons or <br /> property directly caused by or resulting from the sole negligence of the City or any of its <br /> officers,agents or employees. <br /> 10. Retention of Records and RIght to Access <br /> The selected firm shall maintain during the term of the contract all books of account, <br /> receipt invoices,reports and records in accordance with generally accepted accounting <br /> practices and standards. The form of all records and reports shall be subject to the <br /> approval of the City's Internal Auditor. Recommendation for changes, additions, or <br /> deletions by the City's Internal Auditor must be complied with by the selected firm. The • <br /> City's Internal Auditor must be permitted during normal business hours to audit and <br /> examine the books of account, reports, and records relating to this contract The <br /> selected firm shall maintain and make evaiable such records and files for the duration of <br /> the contract and retain them until the expiration of three years after final payment under <br /> the contract <br /> 11. Communications <br /> No negotiations, decisions, or actions shall be initiated or executed by the firm as a <br /> result of any discussions with any City employee. Only those communications. which <br /> are N writing from the City, may be considered as a duly authorized expression on <br /> behalf of the City. In addition, only communications from firms that are signed and in <br /> writing will be recognized by the City as duly authorized expressions on behalf of firms. <br /> 12. No Discrimination <br /> There shall be no discrimination as to race,sex,color,age,religion,or national origin in <br /> the operations conducted under any contract with the City. <br /> 13. independent Contractor <br /> RFP E-67.14 Page 1 I GC initial <br /> September 4,2014 Page 167 <br />