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<br />The successful bidder hereby agrees to Indemnify and hold harmless the City of Winter Park, and Its officials,
<br />representatives, agents, officers, and employees from and against all claims for infringement of any United States patent
<br />and all other claims, damages, losses and expenses (including wilhout (imitation costs of defending rite same and
<br />attorney's fees) arising out of or resulling from the performance of the work, furnishing of services, or furnishing of
<br />materials, goods, or equipment (Including but not limited to claims regarding defects In materials, goods or equipment)
<br />which Is caused In whole or In part by any breach of contract, act, or omission of the successful bidder, any subcontractor,
<br />anyone directly or Indirectly employed by any of them or anyone for whose acts any of them may be liable. Tile
<br />successful bidder snail Indemnify and hold harmless the City of Winter park from and against any and all claims against
<br />the d'ily, or any of its offlcjals, representatives, agents, officers, and employees, by any employee of the successful bidder
<br />or of any subcontractor. The Indemnificatlon obligation under this clause shall not be limited In any way by any ilmit'atlon
<br />on the amount or type of damages, compensatlon or benefits payable by or for the contractor or any subcontractor under
<br />any Worker's Compensation Act, Disability Benefit Act, or other Employee Benefit Act.
<br />Accidents & Claims
<br />The successful bidder shalt be held responsible for all accldonts and shall indemnify, hold harmless, and protect the City
<br />from all stilts, claims and actions brought against the City or its officials, representallves,'agents, officers, and employees,
<br />and all costs, damages, or liabilities to which the City or Its officials, representatives, agents, officers, and employees may
<br />be put or exposed, for any injury or alleged injury to the person(s) or property(s) of another resulling from negligence or
<br />carelessness in the performance of the work, or in protection of the project site, or from any improper or inferior
<br />workmanship, or from inferior materials used in the work, or otherwise related to the project. See also Summation and
<br />Insurance Requird-ments.
<br />Laws & RectUlatlons
<br />The successful bidder at all times shall be familiar with and observe and comply with all federal, State, Local, and
<br />Municipal laws, codes, ordinances, rules and regulations which in any manner may apply and those which may be
<br />enacted later, or bodies or tribunals having jurisdiction or auttiority over the work and shall indemnify and save harmless
<br />the City of Winter Park against any claims or liability arising from, or based on, the violation of any such law, ordinance,
<br />rule, coda, regulation, order, patent infringements or decrees.
<br />The successful bidder is assumed to have made hlmselfAterseiflitself familiar with oil Federal, State, Local, and, Municipal
<br />laws, codes, ordinances, rules, and re*001allons which in any manner affect those engaged or employed in the work, or the
<br />nlaterials.or equipment used iri or upon the work, or in any way affect the work. No plea of misunderstanding will be
<br />considered an excuse for the Ignorance thereof,
<br />In tile. event „any situation Is brought to mediation or a court of law, the venue shall be the County of Omnge, in the $late
<br />of Florida, where all ►aws, regulations; ordinances, codes, and ?lies shall be used Ut the adjudicalian. ”"
<br />All responses, questions, conversations are public tnformatidn Including any literature or handouts at any subsequent
<br />presentations, All submittals are subject to the Florida Public Records Act, F'.S. 'i 19, Tile tender of a proposal authorizes
<br />releaso of all of your company's Information as submitted.
<br />Cornmunleations
<br />To ensure fair con0lderaiion for all prospective bidders throughout the duration of the formal solicitation process, tile City
<br />of Winter Park prohibits communication, whether direct or indirect, regarding the subject matter of the bid or the
<br />specifications by any means whatsoever (Whether oral or written), with any City employee, eleoted offfclal, selectlon
<br />committee member, or representative of the City of Winter Park, from the issuance of the specifications until the
<br />Commission makes the award. Communications Initiated by a bidder may be grounds for disqualifying the offending
<br />bidder from consideration for award of the bid or any future bid.
<br />The sole exception to the foregoingg rule Is that any questions relative ,to Interpretation of specifications or the bid process
<br />shall be addressed to the Purchasing Division, In writing, via fax (407,699 -3448) or email
<br />(purchasing @cityofwhiterpark.orq). No questions will be answered 7 or fewer business days from the date and time of the
<br />public opening.
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