Reso 2009-1372 - Laserfiche WebLink

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City of Sunny /s /es Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax 10. Indemnification and Hold Harmless. Offshore Events agrees to indemnify, hold harmless and defend the City, including its officers, agents and employees, from and against any loss, damage or expense (including all costs and reasonable attorney's fees) suffered by City from (a) any breach from Offshore Events of this Agreement, (b) any inaccuracy in or breach of any of the representations, warranties of covenants made by Offshore Events herein, (c) any claims, suits, actions, damages or causes of action arising during the term of this Agreement for any personal injury, loss of life or damage to property sustained by reason or as a result of the use of the property by Offshore Events' agents, employees, invitees, and all other persons, and (d) any claims, suits, actions, damages or causes of action of any kind whatsoever arising during the term of this Agreement for any personal injury, loss of life or property damage sustained by reason of this Agreement, its execution and /or its performance by Offshore Events or the participants in the Race. Such obligation to indemnify, hold harmless and defend shall continue notwithstanding any negligence or comparative negligence on the part of the City relating to such loss or damage and shall include all costs, expenses and liabilities incurred by the City in connection with any such claim, suit, action or cause of action, including the investigation thereof and the defense of any action or proceeding brought thereon and any order, judgment or decree which may be entered in any such action or proceeding or as a result thereof. Nothing in this Agreement shall be construed to affect in any way the City's rights, privileges, and immunities under the doctrine of sovereign immunity and as set forth in Section 768.28, Florida Statutes. 11. Medical, Patrol, Turn, Tow Pace and Course Set Boats. Offshore Events shall provide a minimum of four (4) medical and ten (10) patrol boats for test only days. Offshore Events shall provide a minimum of eight (8) medical, ten (10) patrol, one (1) turn boat per race course turn, and a minimum of 3 Pace Boats during race days. Offshore Events shall be in total control of all paceboats, crews and times on the water during race days. The City may not sell the right to be a paceboat without the express written permission of Offshore Events. All committee boats are to have a flag at least 12 "x 18" to identify it as an official race support vessel. Other equipment details for boats are contained in Offshore Event's Race Handbook. 12. Race Course Set Up. Offshore Events will furnish a vessel with a Captain and 2 additional crew members along with all supplies needed to set up the race course and spectator lines. Offshore Events will furnish at its own expense the turn buoys. Details of the course are located in Offshore Event's Race Handbook. The Offshore Events Chief Starter will assist with the course set up. 13. Medical and Safety Teams. Offshore Events shall provide, at its own cost, medical and safety teams including water rescue divers at levels acceptable and approved by the City of Sunny Isles Beach Police Department. Offshore Events shall provide two (2) helicopters to be used to transport the medical and safety personnel including EMT's and /or certified medical divers. Helicopters must be capable C0809 -034 OFFSHORE EVENTS Powerboat Racing Agreement 7