Reso 2023-3530 - Laserfiche WebLink

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City Of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action or demand, Contractor shaU, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City. The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by City, any sum due Contractor under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount.withheld shall not be subject to payment of interest by City. The parties agree that One Hundred Dollars ($100.00) represents specific consideration to the Contractor for the indemnification set forth in this Agreement. 19. COMPLLANCE WITH LAW Contractor shall comply with all laws, regulations and ordinances of any federal, state, -or local governmental authority having jurisdiction with respect to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 20. WARRANTY. Broken, damaged or inoperable equipment, holiday lights or decor that are in poor condition will not be accepted by the City. Replacement equipment, holiday lights or decor must be replaced by the Contractor with the same, or similar type and size of, equipment, holiday lights or decor, as specified in the Contract Documents, within eight (8) hours of written notice by the City. 21. LIQUIDATED DAMAGES Upon failure of the Contractor to adhere to the provisions ofthe Agreement or to fail with respect to any of its duties provided for herein (an "Offense"), the Contractor shall pay the sums below to the City for each calendar day that an incident or condition continues unresolved. These amounts are not penalties but are liquidated damages payable by Contractor to City for the failure to provide the agreed upon level of service and the cost for the City to remedy the condition. City is authorized to deduct the liquidated damages from monies due to Contractor for the Work under this Contract, In case the liquidated damage amount due to City by Contractor exceeds monies due Contractor from City, Contractor shall be liable and shall immediately upon demand by City pay to City the amount of said excess. For a first Offense, and upon written notice by the City of said deficiency, the Contractor shall correct the issue within eight (8) hours of receipt of notice. For a second Offense, and upon written notice by the City of said deficiency, the Contractor shall correct the issue within eight (8) hours of receipt of notice. The offense will be documented in writing and the Contractor's representative shall meet with the City to discuss the current and Past Offenses. At the time of the meeting the Contractor will be required to present a written corrective action plan to address the City's concerns and how Contractor plans to correct the deficiencies within forty-eight (48) hours of the meeting. The third Offense for the same deficiency shall result in liquidated damages of $200.00 for each deficiency that is not resolved within eight (8) hours. Light -FX Up LLC 9 79