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<br />City of Sunny Isles Beach <br /> <br />18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3 113 Fax <br /> <br />change the Il1surance coverage and limits of liability required to be maintained by Consultant <br />hereunder. <br /> <br />Consultant shall also require and ensure that each of its sub-consultants providing services <br />hereunder (if any) procures and maintains, until the completion of the services, insurance of the types <br />and to the limits specified herein. <br /> <br />ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION <br />MUST BE APPROVED IN WRITING BY THE CITY. <br /> <br />8. OWNERSHIP OF DOCUMENTS AND EOUIPMENT. All documents prepared by the <br />Consultant pursuant to this agreement and related 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 deliver to the City for approval and acceptance, and before being eligible for <br />final payment or any amounts due, all documents and materials prepared by, and for, the City under <br />this Agreement. <br /> <br />All oral and written information not in the public domain or not previously known, and all <br />information and data obtained, developed or supplied by the City, or at its expense, will be kept <br />confidential by the Consultant and will not be disclosed to any other party, directly or indirectly, <br />without the City's prior written consent, unless required by a lavvful order. All drawings, maps, <br />sketches, programs, data base, reports and other data developed or purchased under this Agreement <br />for, or at the City's expense, shall be and remain the City's property and may be reproduced and <br />reused at the discretion of the 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 representations made herein <br />relating to disclosure or ownership of documents, shall survive the execution and delivery of this <br />Agreement and the consummation of the transactions contemplated hereby. <br /> <br />9. INDEMNIFICATION. Consultant agrees to indemnify and hold harmless, the City, its <br />officers, agents, and employees from, and against any and all claims, actions, liabilities, losses and <br />expenses including, but not limited to, attorney's fees for personal, economic or bodily injury, <br />wrongful death, loss of or damage to property, at law or in equity, which may arise or may be alleged <br />to have risen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, <br />agents or other personal entity acting under Consultant's control in connection with the Consultant's <br />performance of services pursuant to that agreement and to that extent the Consultant shall pay such <br />claims and losses and shall pay all such costs and judgments which may issue 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 attorneys' fees expended by the City in defense of such <br /> <br />Town Center Park Restroom & Lighting Improvements.Doc <br /> <br />4 <br /> <br />SIB <br />