Reso 2009-1434 - Laserfiche WebLink

Home Browse Search

.. If to the City: Rick Conner, City Manager With a copy to: City of Sunny Isles Beach Hans Ottinot, 18070 Collins Avenue City Attorney Fourth Floor City of Sunny Isles Beach Sunny Isles Beach, Florida 33160 18070 Collins A venue Tel: (305) 792-1701 Fourth Floor Sunny Isles Beach, Florida 33160 Tel: (305) 792-1702 If to the Contractor: Daniel E. Whiteman President Coastal Construction Company 5959 Blue Lagoon Drive Suite 200 Miami, Florida 33126 Tel: (305) 559-4900 ARTICLE 28. INDEMNIFICATION 28.1 Contractor shall indemnify, defend and hold harmless the City, its officers, agents, directors, and employees, from any and all claims, liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, and costs to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and/or persons employed or utilized by Contractor in the performance of this Agreement. Contractor's obligations hereunder shall apply even if part of the damage or injury is caused by the City, its officers, agents, directors, or employees. These indemnifications shall survive the term of this Agreement. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, Contractor shall, upon written notice from the City or its designee, resist and defend such action or proceeding by counsel satisfactory to the City. 28.2 The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description covered by this Article, which may be brought against the City whether performed by Contractor, or persons employed or utilized by Contractor. 28.3 This indemnity will survive the cancellation or expiration of this Agreement. This indemnity will be interpreted under and construed to conform to the laws of the State of Florida. 28.4 Contractor shall require all Sub-Contractor agreements to include a provision that they will indemnify the City.