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<br />City of Sunny Isles Beach
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<br />18070 Collins A venue, Sunny Isles Beach, Florida 33160
<br />(305) 947-0606 phone (305) 949-31 13 Fax
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<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 Contractor and will not be disclosed to any other pm1y, directly or indirectly, without
<br />the City's prior written consent, unless required by a lawful order. All drawings, maps, sketches,
<br />programs, data base, reports and other data developed or purchased under this Agreement for, or at the
<br />City's expense, shall be and remain the City's propel1y and may be reproduced and reused at the
<br />discretion of the City.
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<br />The City and Contractor shall comply with the prOVISIons of Chapter 119, Florida Statutes
<br />(Public Records Law).
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<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.
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<br />10. INDEMNIFICATION. Contractor 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, wrongful
<br />death, loss of or damage to propel1y, at law or in equity, which may arise or may be alleged to have
<br />risen from the negligent acts, errors, omissions or other wrongful conduct of the Contractor, agents or
<br />other personal entity acting under Contractor's control in connection with the Contractor's performance
<br />of services pursuant to that agreement and to that extent the Contractor shall pay such claims and losses
<br />and shall pay all such costs and judgments wh ich may issue from any lawsu it arising from such claims
<br />and losses including wrongful termination or allegations of discrimination or harassment, and shall pay
<br />all costs and attorneys' fees expended by the City in defense of such claims and losses including
<br />appeals. The parties agree that ten percent (10%) of the total compensation is a specific consideration
<br />from the City to the Contractor for this indemnity.
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<br />11. TERMINATION.
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<br />a. Termination for Default. If, through any cause within the reasonable control the
<br />Contractor shall fail to fulfill in a timely manner or otherwise violate any of the
<br />covenants, agreements or stipulations material to this agreement, the City shall have the
<br />right to terminate the services then remaining to be performed. Prior to the exercise of its
<br />option to terminate for cause, the City shall notify the Contractor of its violation of the
<br />particular terms of the agreement and grant Contractor ten (10) days to cure such default.
<br />If the default remains uncured after ten (10) days the City may terminate this agreement.
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<br />I. In the event of termination, all finished and unfinished documents, data and
<br />other work product prepared by Contractor (and sub-Contractor[sJ) shall be
<br />delivered to the City and the City shall compensate the Contractor for all
<br />services satisfactorily performed prior to the date of termination, as provided
<br />in Paragraph 5 herein.
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<br />Construction Materials Testing & Special/threshold Inspection Services
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<br />SIB
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