Reso 2017-2663 - Laserfiche WebLink

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If to the City: Christopher J. Russo With a copy to: City Manager Hans Ottinot, City Attorney City of Sunny Isles Beach City of Sunny Isles Beach 18070 Collins Ave. 4th Floor 18070 Collins Ave. 4`h Floor Sunny Isles Beach, Florida 33160 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1701 Tel: (305) 792-1702 If to the Scott A. Alfele, President Contractor: Ebsary Foundation Co. 2154 N.W. North River Drive Miami, FL 33125 Tel: (305) 325-0530 Fax: (305) 325-8684 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 any Work under this Agreement. 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, resist and defend such action or proceeding by counsel satisfactory to the City. 28.2 City and Contractor shall also indemnify, defend, save and hold harmless the State of Florida, Department of Transportation and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of because of, or due to any negligent act or occurrence of omission or commission of the City and/or Contractor, including their officers, agents or employees. 28.3 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. 28.4 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. 28.5 Contractor shall require all Sub-Contractor agreements to include a provision that they shall indemnify, defend and hold harmless the City to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the subcontractor and/or persons employed or utilized by subcontractor in the performance of any Work under this Agreement. C6154-1617-036-EBSARY FOUNDATION CO. 17 U 1 B