|
<br />City of SIIIIUY Isles Beach
<br />
<br />] 8070 Collins Avenue, Sunny Isles Beach, Ftorida 33160
<br />(305) 947-0606 phone (305) 949-3 t 13 Fax
<br />
<br />Consultant shall also require and ensure that each of its sub-consultants providing services
<br />hereunder (if any) procurcs and maintains, until the completion of the scrvices, insurance of the types
<br />and to the limits specified hercin.
<br />
<br />ANY EXCEPTIONS TO THE INSlJRANCE REQlJlREMENTS IN THIS SECTION
<br />MlJST BE APPROVED IN WRITING BY THE CITY.
<br />
<br />8. OWNERSHIP OF DOClJMENTS AND EOlJIPMENT. All documents prcpared by the
<br />Consultant pursuant to this agreement and rclated services to this agreement are intended and
<br />represented for the ownership of the City only. Any other use by Consultant or other parties, shall be
<br />approved in writing by the City.
<br />
<br />Consultant shall dclivcr to thc City for approval and acccptance, and beforc bcing cligiblc for
<br />final payment or any amounts due, all documcnts and matcrials prepared by, and for, the City under
<br />this Agrecment.
<br />
<br />All oral and writtcn information not in the public domain or not previously known, and all
<br />information and data obtained, developed or supplicd by thc City, or at its cxpensc, will be kept
<br />confidential by the Consultant and will not be disclosed to any othcr party, directly or indirectly,
<br />without the City's prior written conscnt, unlcss rcquired by a lawful order. All drawings, maps,
<br />sketches, programs, data base, rcports and other data developed or purchascd under this Agrccment
<br />for, or at thc City's expense, shall be and rcmain the City's property and may bc reproduced and
<br />rcused at the discretion ofthc City.
<br />
<br />The City and Consultant shall comply with the provisions of Chapter 119, Florida Statutes
<br />(Public Records Law).
<br />
<br />All covenants, agreements, representations and warranties made herein, or otherwise made in
<br />writing by any party pursuant hereto, including, but not limited to, any rcpresentations made herein
<br />rclating to disclosurc or ownership of documents, shall survive the execution and delivery of this
<br />Agrcement and the consummation of the transactions contemplated hercby.
<br />
<br />9. INDEMNIFICATION. Consultant agrccs to indcmnify and hold harmless, thc City, its
<br />officers, agents, and cmployees from, and against any and all claims, actions, liabilities, losses and
<br />expenses including, but not limited to, attorney's fees for pcrsonal, economic or bodily injury,
<br />wrongful death, loss of or damagc to propcrty, at law or in equity, which may arisc or may bc allegcd
<br />to havc riscn from the negligent acts, crrors, omissions or othcr wrongful conduct of thc Consultant,
<br />agents or other personal entity acting under Consultant's control in connection with the Consultant's
<br />performance of scrvices pursuant to that agreement and to that cxtcnt thc Consultant shall pay such
<br />claims and losses and shall pay all such costs and judgments which may issuc from any lawsuit
<br />arising from such claims and losses including wrongful termination or allegations of discrimination
<br />or harassment, and shall pay all costs and attorncys' fees expendcd by the City in defcnsc of such
<br />claims and losses including appcals. The parties agrce that ten pcrcent (lO%) of the total
<br />compensation is a specific consideration from thc City to thc Consultant for this indemnity.
<br />
<br />]8]" .Drive Active Park lospeclion Services, Calvin Giordano
<br />
<br />Page 4 of9
<br />
<br />SIB
<br />S\B
<br />
|