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<br />Surety company shall hold a current certificate of authority as acceptable surety on federal
<br />bonds in accordance with the United States Department of Treasury Circular 570, current
<br />Revisions. City will accept a surety bond from a company with a rating B+ or better.
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<br />Failure of Contractor to execute and deliver the Agreement and deliver the required payment
<br />bond and Insurance Certificates as stipulated in the Request for Proposal and this Agreement
<br />shall be cause for City to annul the Notice of A ward and declare Contractor and any security
<br />therefore forfeited.
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<br />11. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared
<br />by the Contractor pursuant to this agreement and related services to this agreement are
<br />intended and represented for the ownership of the City only. Any other use by Contractor or
<br />other parties shall be approved in writing by the City.
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<br />Contractor 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, and
<br />for, the City under this Agreement.
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<br />All oral and written information not in the public domain or not previously known,
<br />and all information and data obtained, developed or supplied by the City, or at its expense,
<br />will be kept confidential by the Contractor and will not be disclosed to any other party,
<br />directly or indirectly, without the City's prior written consent, unless required by a lawful
<br />order. All drawings, maps, sketches, programs, data base, reports and other data developed
<br />or purchased under this Agreement for, or at the City's expense, shall be and remain the
<br />City's property and may be reproduced and reused at the discretion of the City.
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<br />The City and Contractor shall comply with the provisions of Chapter 119, Florida
<br />Statutes (Public Records Law).
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<br />All covenants, agreements, representations and warranties made herein, or otherwise
<br />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 survive
<br />the execution and delivery of this Agreement and the consummation of the transactions
<br />contemplated hereby.
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<br />12. INDEMNIFICATION. Contractor agrees to indemnify, defend and hold harmless,
<br />the City, its officers, agents, and employees from, and against any and all claims, actions,
<br />liabilities, losses and expenses including, but not limited to, attorney's fees for' personal,
<br />economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity,
<br />which may arise or may be alleged to have risen from the negligent acts, errors, omissions or
<br />other wrongful conduct of the Contractor, agents or other personnel entity acting under
<br />Contractor's control in connection with the Contractor's performance of services pursuant to
<br />that agreement and to that extent the Contractor shall pay such claims and losses and shall
<br />pay all such costs and judgments which may issue from any lawsuit arising from such claims
<br />and losses including wrongful termination or allegations of discrimination or harassment, and
<br />shall pay all costs and attorneys' fees expended by the City in defense of such claims and
<br />losses including appeals. The parties agree that ten percent (10%) of the total compensation
<br />is a specific consideration from the City to the Contractor for this indemnity.
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