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RFP #26-1342-1403 Drone as First Responder Program
payment requirements in this section may not be construed to be an obligation of the
City. A contract modification may not be made for the purpose of providing
reimbursement for such interest charge and a cost reimbursement claim shall not include
any amount for reimbursement for such interest charge.
7.16. Taxes
Sales to the City of Newport News are normally exempt from State sales tax. State sales and use
tax certificates of exemption, Form ST-12, will be issued upon request.
7.17. Hold Harmless and Indemnification
The Contractor shall indemnify, defend and hold harmless the City, its officers, agents, and
employees from any claims, damages and actions of any kind or nature, whether at law or in
equity, arising from or caused by lack of performance, unlawful acts or omissions, or the
negligent or willful acts or omissions of contractor or its subcontractors or sub-consultants.
Further, if the Contractor subcontracts any work, it will require in its subcontracts that each
contractor indemnify defend and hold harmless the City as stated above.
The parties to the contract resulting from this solicitation agree that under Virginia state law the
City cannot indemnify, defend and hold harmless the Contractor. To the extent any promise or
term contained in the contract, including exhibits, attachments or other documents incorporated
by reference therein, includes any indemnification or obligation to defend by the City, that
promise or term is stricken from the contract and of no effect.
7.18. Interpretation of Specifications
The apparent silence in the specifications and any supplemental specifications as to any detail or
the omission from the specifications shall be regarded as meaning that only the best commercial
practices are to prevail and correct type, size and design are to be used. All interpretations of
these specifications shall be made on the basis of this statement.
7.19. Cyber Security and Privacy Breach Indemnification
In the event, there is a breach of confidential or private information from City data due to any
alleged act, omission, professional error, fault, mistake, or negligence of the Contractor, its
employees, agents, representatives, or subcontractors, their employees, agents, or representatives
in connection with or incidental to the performance of the contract, the Contractor shall
indemnify the City, its elected officials, officers employees, and volunteers for all costs
associated with the privacy or security breach including the costs of professional external
Information Technology services to contain and or terminate the security failure or privacy
event, professional external Information Technology services to conduct a forensic investigation
to determine cause, and scope of the breach including who may have been affected by the
breach, services to research and identify current address information to contact those affected,
third party notification services, third party identity theft, and identity restoration insurance and
or services, legal services and advices relating to the security failure or privacy event, external
communications firm services to provide call center services, press releases, and answer
questions related to the breach for those affected, regulatory fines, penalties or assessments
levied against the City as a result of the breach including State, Federal, PCI, and, and shall fully
indemnify the City for any third party claims resulting on account of loss of or damage to any
property or for injuries to or death of any person.
Confidentiality: Confidential Information may be supplied to the Contractor solely for the
purposes of performance under the Contract and Contractor agrees not to use this data for any
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