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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
<br /> (305) 947-0606 phone (305) 949-3113 Fax
<br /> 1.26. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent
<br /> permitted by law, the Consultant agrees to indemnify and hold-harmless the City, its agents,
<br /> representatives, officers, directors, officials and employees from any claims, liabilities, damages,
<br /> losses and costs, including, but not limited to, reasonable 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 performance of Services under this Agreement.
<br /> Consultant shall at all times hereafter indemnify, hold harmless and, at the City's option, defend
<br /> or pay for an attorney selected by the City to defend City, its agents, representatives, officers,
<br /> directors, officials and employees from and against any and all causes of action,demands, claims,
<br /> losses, liabilities and expenditures of any kind, including attorney fees, court costs,and expenses,
<br /> caused or alleged to be caused by the intentional or negligent act of, or omission of Consultant,
<br /> including those of their employees, agents, servants, or officers, or accruing, resulting from, or
<br /> directly related to the subject matter of this Agreement including, without limitation, any and all
<br /> claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever
<br /> resulting from injuries or damages sustained by any person or property. In the event any lawsuit
<br /> or other proceeding is brought against City by reason ofany such claim, cause of action or
<br /> demand, Consultant shall, upon written notice from City, resist and defend such lawsuit or
<br /> proceeding by counsel satisfactory to City.
<br /> The provisions and obligations of this section shall survive the expiration or earlier termination
<br /> of this Agreement. To the extent considered necessary by City, any sum due Consultant under
<br /> this Agreement may be retained by City until all of City's claims for indemnification pursuant to
<br /> this Agreement have been settled or otherwise resolved; and any amount withheld shall not be
<br /> subject to payment of interest by City. The parties agree that One Hundred Dollars ($100.00)
<br /> represents specific consideration to the Consultant for the indemnification set forth in this
<br /> Agreement.
<br /> 1.27. ACCESS TO RECORDS. The following access to records requirements apply to this
<br /> contract:
<br /> (1) The Consultant agrees to provide Florida Division of Emergency Management, The City
<br /> of Sunny Isles Beach, the FEMA Administrator, the Comptroller General of the United
<br /> States, or any of their authorized representatives access to any books, documents,
<br /> papers, and records of the Consultant which are directly pertinent to this contract for the
<br /> purposes of making audits, examinations, excerpts, and transcriptions.
<br /> (2) The Consultant agrees to permit any of the foregoing parties to reproduce by any means
<br /> whatsoever or to copy excerpts and transcriptions as reasonably needed.
<br /> (3) The Consultant agrees to provide the FEMA Administrator or his authorized
<br /> representatives access to construction or other work sites pertaining to the work being
<br /> completed under the contract."
<br /> 6835-095 DISASTER PROGRAMS&OPERATIONS.INC.
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