Reso 2002-442 - Laserfiche WebLink

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INVITATION TO BID 8.1: INDEMNIFICATION: The contractor sball indemnify, save harmless, and defend the City ofSunoy Isles Beach, it's officers. agents and employees &om and against any claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct, or misconduct oftbe contractor, his agents, servants or employees in the provision of goods or the performance of services pursuant to this bid and/or from any procurement decision of the City including without limitation, awarding the contract to the contractor. 8.1.2: SECONDARYIOTRER VENDORS: The City resetVes the right in tbe event the primary vendor cannot provide an item(s) or service(s) in a timely manner as requested. to seek other sources without violating the intent of the contract. 8.1.3: DEFAULT PROVISION: In case of default by the bidder or contractor, the City of Sunny Isles Beach may procure the articles or services &om other sources and bold the bidder or contrIctor responsible for any excess costs occasioned or incurred thereby. 8.4: NONCONFORMANCE TO CONTRACf: The City of Sunny Isles Beach may withhold acceptance of: or reject items which are found upon examination, not to meet the specification requirements. Upon written notification of rejection, items sball be removed within (S) calendar days by the vendor at his own expense and rede1ivered at bis expense. Rejected goods left longer than thirty (30) calendar days will be reguded as abandoned and the City sball have the right to dispose of them as it's own property. Rejection for noncoofonnance, or failure to meet delivery schedules may result in the contract being found in de&u1t 8.5: ASSIGNMENT: This Agreement shall be binding upon and sball inure to the benefit of the City and to any and all of its successors and assisns, whether by merger, consolidation, transfer of substantially all assets or any similar transaction. Notwithstanding the foregoing, this Agreement is personal to the Contractor and it may not, either directly or indirectly, assign its rights or delegate its obligations to City bereunder without first obtaining the City's consent in writing. Any such attempted assignment or delegation shall be deemed of no legal force and effect whatsoever. 8.6: NOnCES: All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (Hi) by &csimile with confirmation receipt (with a cq7Y simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditiODa1Iy recognized courier service), addressed to such party as follows: if to the City one to Christopher J. Russo. City Manager and one to Lynn M Dannheisser, City Attorney, at City of Sunny Isles Beach. 17070 Collins Avenue, Suite 250, Sunny Isles Beach. Florida 33160. The address of the Contractor for notices is 8.7: GOVERNING LAW: The validity of the Agreement and the inteqJretation and performance of all of its terms sball be construed and enforced in accordance with the laws of the State of Florida, without regard to principles of conflict of laws thereof. The location of any action or proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade County, in the State of Florida. 8.8: REMEDIES FOR BREACH: Should Contractor tail to perform, City Shall notify Contractor in writing of such tailure to perform and Contractor sball have thirty (30) days of receiving such notice to cure such failure. If Contractor is unable to cure such tailure to perform then City shall receive a refund equal to the actual cost of a third party to cure such tailure. The City may sue for damages in circuit court. If City tails, refuses or is unable to perform any term of this 00210 - 8