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' CITY OF SUNNY ISLES BEACH
<br /> • 1 8070 Collins Avenue
<br /> Sunny Isles Beach Florida 33160 - 5°--- fad,
<br /> •
<br /> 305.947.0606- �-`\
<br /> www.sibfl.net '! - R�'c n
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<br /> incorporated in a Change OnIa. If alter temvraten of the
<br /> 1.35 DUTY TO DEFEND.INDEMNIFY AND SAVE HARMLESS' Corwacta under this Sermn, ¢ is deeritea by a an of
<br /> In<amsideratian of the hnenY- (
<br /> competent ju sdimon for any reason that the Contra/or was not
<br /> separate sum of five dinars $25.00) in defaut,the rights and obigatias of the Oty and the Cunaacmr
<br /> and ante valuable cons:keratin,eratio i, the Contractor than defend, shall be the same as if the taneiaton had been issued pursuant to
<br /> mdendy and hod harmless the Cty, its officers, agents and this document.
<br /> e'Cbyees, from at on account of any injuries at damages,
<br /> received or saatred by any person or persons dung or on 1.37.1 Where the Cantacta's services have hem so
<br /> noun of any operator coached who the Walt dented in nominated by the City said termination shall in
<br /> the Cana Dapnpnts, or by or in consequence of any affect any rights of the Cry agent the Cmbactor
<br /> negligence in come:m with the same;or by use of any mpope then easing or which may thereafer accrue. My
<br /> menials or by or on account at any act or mason of the sad retention or payment of moneys by the Cty due the
<br /> Cdvacter or his Subfnntrxmr,agents, savants at employees. Contactor wi not release the Contactor from
<br /> The Cantacta wi defend,uCmnify and had harness the City liabir¢y.
<br /> and thei agents at employees Fran and against all eaims,
<br /> damages,bosses and expenses inducing atones'fees arising out 1.37.2 Upn tin(10)days mitten nice to the Contracts,
<br /> of at resting from the performance of the Wale provided that the Cry may,without cause and wain arejndke to
<br /> any such dam damage,loss at expense(a)is attbutaae to bodily any other right at remedy, 9ai to terminate the
<br /> bon,Sickness.disease or death,or to injury to or denctiJn of Agreement. In such case, the Ca:rat a sal be
<br /> tangible popety later than Work itself)including the toss of use pad fa al Wait executed and accepted by the City
<br /> restating wherein ash(b)s caused in Mob or in part by any as of the date of the[mmation. No payment shall
<br /> negligent at at nasal of the Car¢racat,Sub-Contactor,anyone be made for petit for Work whkh has not been
<br /> dandy or Ymdretly employed by any of then or anyone fa whose performed.
<br /> acts any of then may be Sable,regardless of whether or not it s
<br /> caused by a party irdmmnsfed hereunder. In the event that a curt 1.38 MISCELLANEOUS'
<br /> of competent)asdiction adenines that Sec.725.06(2), F.S.S
<br /> appioble to this Walt,then in feu of the above prmimn of this Proposes acknowledge the todowing miscdaneotn codtions:
<br /> echo the parbes agree that Contractor than ideally,deed
<br /> and hold hatless the City,their officers and enplanes.to the 1.39.1 Whenever any provisi n of the Canna Do°meeus
<br /> fled extent authorized by Sec 725.06(2) F.S,which statutory require the gram of wren make t shat be
<br /> parsons stal be deemed to be incorporated herein by reference deemed to have been varsity gisen if delivered in
<br /> as if fully sat fat teen. In the even that any actin at person to the idiviisal or to a minder of the firm or
<br /> proceeding is brought against City by reason of any such coin or to an officer of the cantata fa whom it is
<br /> demand, Camactar, upon written tare from City shall detest intended,at if delivered at ar sent by registered or
<br /> sub action or proceeding by counsel sabsfeGUy to City. The certified mad, postage pepad,to the last buness
<br /> idmntiubon prodded above shall agate Catracta N defend address s known to them hop gives the notice
<br /> at its own expense or to provide fa sch defense.at Cty's open,
<br /> any and an Gain at hearty and all suss and nos of envy name 1.38.2 The Contract Documents is shat retain the property of
<br /> and dentin that may be brought against City,excising only the City. The Camacta shat have the ma to keep
<br /> those which allege that the names arose out of the sae negligence one read set of the Goatee Documents upon
<br /> at City.which may result On the operation and dames under cannon on o the Project.
<br /> this Contract whether the Week be performed by Cannata,its
<br /> SubCootactors,or by anyone directly or inducMy enpvyed by 1.38.3 The dunes and ategabms inposel by these Genoa]
<br /> ether. Conditions, Special l Oxxibas and Supplemental
<br /> Cadet cans and the noes and remedies available
<br /> 1.36 DECISION ON DISAGReeMENTS• hereunder,and, in partnfar but without imtation,
<br /> the Warranter,guarantees and obbgatons imposed
<br /> The City wi be the net imerprear of the Tehncal upon Catracor and Nose in the Special Cae6tias
<br /> Speofistans. and the rights and remedies evabbe to the City,
<br /> shad be in addition to,and shall in be construed in
<br /> 1.37 CRY MAY TERMINATE; any way as a imitation of,any rights and flakes
<br /> avetable by law, by special guarantee at by other
<br /> If the Contracts is adjudged bankrupt or insofe,t,or if they make provisions of the Contract Doosmeus.
<br /> a general assignment for the benefit of that credo:es, at if a
<br /> trustee at sever is appointed fa the Contractor a for any of 1.38.4 Said the City at the Contractor suffer injury or
<br /> Men property,or d they file a pe ition to take advaaage of any damage to its person a property tense of any
<br /> debtors act,or to reorganize under bankmptcy or molar aws,at if mar,anissan,at act of the other or of any of deer
<br /> they repeatedly fads to soppy suffices shed workmen at suitable nays or ageras at ahe s fa whose acts they
<br /> materials ar a jprnent,or if they repeatedy fel to make mama are egaM dale,rigid staff be made in nag to the
<br /> payments to Sub{mtractats or for Labor,materials or ejuipnert other party within a reasonable tine of the fist
<br /> or they disregard laws,ordi ances,rules,regulates or atlas of observance of such in Pry at damage.
<br /> any pint body having jursdaion. at if they disregard the
<br /> authority of the Cty,of if they otherwise violate any provision of, 1.39 WAIVER OF JURY TRIAL:
<br /> the Caoact Documents,then the City may,without prejudice to
<br /> any ode right at remedy and after givbg the Contractor and der City and Contacts beow'ugly, inanely voWOtaNy and
<br /> surety ten(10)days warm noire,terminate the saxes of the inteitaady ware any rght ether may have to a dial by jury in
<br /> Cothran and take possession of the Project and of all materials, Sate or Federal Court proceed g n respect to any non•
<br /> eminent.coos,construe/ion muimeet and maNiey thereon proceeding, lawsuit or comtadain based upon to Contract
<br /> owned by the Contractor,and hush the Work by whatever method Documents at the performance of the Work there usher.
<br /> they may deem anent In such case the Contractor Lad not
<br /> be entitled to recent any further payment ones the Wok is 1.40 GOVERNING LAW;
<br /> finished. If the s pad balance of the Contract Price exceeds the
<br /> duet and banes mss of canpktirg the Pm)at, inking The Contract Lad be construed in a mtdance with and governed
<br /> compensation fat enamel profess:oaf services,such excess shall by the law of the State of Florida.
<br /> be pad to the Contaca. If such costs exceed such unpaid
<br /> tarn,the Contractor wad pay the annexe to the City. Such 1.41 VENUE:
<br /> ants incurred by the City van be determined by the City and
<br /> City of Sunny Isles Beach I Request for Proposal No. 12-10-02 R8
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