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<br />Consultant shall also require and ensure that each of its sub-Consultants providing
<br />services hereunder (if any) procures and maintains, until the completion of the services,
<br />insurance of the types and to the limits specified herein.
<br />
<br />ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS
<br />SECTION MUST BE APPROVED IN WRITING BY THE CITY.
<br />
<br />9. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents
<br />prepared by the Consultant pursuant to this agreement and related services to this
<br />agreement are intended and represented for the ownership of the City only. Any other use
<br />by Consultant or other parties shall be approved in writing by the City.
<br />
<br />Consultant shall deliver to the City for approval and acceptance, and before being
<br />eligible for final payment or any amounts due, all documents and materials prepared by,
<br />and for, the City under this Agreement.
<br />
<br />All oral and written information not in the public domain or not previously
<br />known, and all information and data obtained, developed or supplied by the City, or at its
<br />expense, will be kept confidential by the Consultant and will not be disclosed to any other
<br />party, directly or indirectly, without the City's prior written consent, unless required by a
<br />lawful order. All drawings, maps, sketches, programs, data base, reports and other data
<br />developed or purchased under this Agreement for, or at the City's expense, shall be and
<br />remain the City's property and may be reproduced and reused at the discretion of the
<br />City.
<br />
<br />The City and Consultant shall comply with the provisions of Chapter 119, Florida
<br />Statutes (Public Records Law).
<br />
<br />All covenants, agreements, representations and warranties made herein, or
<br />otherwise made in writing by any party pursuant hereto, including, but not limited to, any
<br />representations made herein relating to disclosure or ownership of documents, shall
<br />survive the execution and delivery of this Agreement and the consummation of the
<br />transactions contemplated hereby.
<br />
<br />10. INDEMNIFICATION. Consultant agrees to indemnify, defend and hold
<br />harmless, the City, its officers, agents, and employees from, and against any and all
<br />claims, actions, liabilities, losses and expenses including, but not limited to, attorney's
<br />fees for personal, economic or bodily injury, wrongful death, loss of or damage to
<br />property, at law or in equity, which may arise or may be alleged to have risen from the
<br />negligent acts, errors, omissions or other wrongful conduct of the Consultant, agents or
<br />other personal entity acting under Consultant's control in connection with the
<br />Consultant's performance of services pursuant to that agreement and to that extent the
<br />Consultant shall pay such claims and losses and shall pay all such costs and judgments
<br />which may issue from any lawsuit arising from such claims and losses including
<br />wrongful termination or allegations of discrimination or harassment, and shall pay all
<br />costs and attorneys' fees expended by the City in defense of such claims and losses
<br />
<br />C0809-059 TALL ENGINEERlNG, lNC. CONSULTlNG ENGlNEERS AGREEMENT
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