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Giv of Sunny A/6'y' Beach 18070 Collins Avoilue; Senn; tsleti F3each, Florida :7 i 160
<br />05) 947-0606 phone (305) 949-3 113 Fax
<br />1.26. INDEMNIFICATiON AND WAIVER 01,' I lABIL1TY, To the fullest extent
<br />permitted 4yr law, (lie Consultant agrees to indemnify rind hold-harmle45 the City, its agents,
<br />representatives, officers, direc-tors, offioials and employees from any claims. lkabllItics, datrnages.
<br />losses and costs, including. but not limited to, rea wilable attorney fees to the extent cause, in
<br />whole or in part, by the professional negligence, error or Omission of the Consultant or persons
<br />employed or utilized by the Consultant in perfonrrance of Sendces under this Agreennent.
<br />ConstLItant shall at all times hereafter indennrnify, hold harmless and, at the C:ity's option_ defend
<br />or pay for an attorney selected by the City to dcic.nd City, its agents, representatives, officers.
<br />directors; officials and employees from and against any and all causes of action, demands. clairns,
<br />losses, liabilities and expenditures oi'any kind. including fees, cc ttrtuists_ and expenses_
<br />caused or alleged to be caused by the intentional or negligent act of, or omission of Consultant,
<br />including these cal' their employees, agent;; servants; or officers, or accruing, resulting from, or
<br />directly related to the subject matter of this Agreement including, without lirnitation.:tn:v Ind taII
<br />claims; losses, liabilities expenditures; demands or causes of action of any nature- whatsciever
<br />resulting from injuries or dan3ages sustained by any person or property. In the c cnt any lawsuit
<br />or other pro cceding is brought against City by reason of. any such claim, cause of aetio.n or
<br />deniand. Consultant shall, upon written notice froin City, resist and del'trid such laWSttit Or
<br />proceeding by counsel satisfactory to City.
<br />The provisions and obligations of this section shall survive the expirat on or earlier terrttination
<br />Of this; Agreement. To the extern cunsidered neon -scary by City; any Stan due Consultant under
<br />this Agreement may be retained by City until all ci'Citv's c.la,ims tsar indcmn1Fk at or; pursuant to .
<br />this Agreennent have been settled OT Other,vise re.5olved; .and any amount withheld shall'' not he
<br />sui}ject to pavinent of intcrest by City. The parties agree that One Hundrod Dollars ($100,00)
<br />represents specific consideration to the Consultant for the indemnification Set forth in this
<br />A,greemont,
<br />1,27. ACCESS TO RECORDS. The following a uc-es5 to records requirements app]Y LU this
<br />contract:
<br />(1) The Consultant agrees to provide Florida Division of Emergency Managcrncnt. The City
<br />of Sunny Isles (leach, the FF_MA Administrator, the Comptroller Ocnet'al of the United
<br />States, or any of their authorized ropresentatives access to any books, documents,
<br />paper;; and records Of the Consultant which are directly peitinent to this; contrac-t for (lie
<br />purposes of tnalcing audits, examinations; excerpts, and transcriptions.
<br />�2) The C'.alislrltant agrees to permit any (if the foregoing parties to reproduce by any means
<br />whatsoever or to copy excerpts and transcriptions as reasonably needed.
<br />() The C:oiisultant agrees to provide the FRIVI A Admiini5trator or Isis authorised
<br />t0prCS00tatiV0S access to cottstrtrctiun or othLcr work sites pertaining to the work being
<br />completed under (lic cuntract.°'
<br />W-13-093 DI S AS I ElL k}loot_ 1A-eV4 S &. OP t<.RM 1 O NSA. INC.
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