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<br />7, Relation to Parties. It is understood and agreed that nothing contained in this
<br />Agreement shall be deemed to create a partnership, joint venture, other association, or an
<br />employer/employee relationship between the Contractor and the City, Contractor shall be in the
<br />relation of an independent contractor and is to have entire charge, control and supervision of the
<br />work to be performed hereunder. The Contractor does not have the power to bind the City in any
<br />promise, agreement or representation other than as provided for in this Agreement.
<br />
<br />8, Compliance witb Law. Contractor shall comply with all laws, regulations and
<br />ordinances of any federal, state, or local governmental authority having jurisdiction with respect
<br />to this Agreement (applicable laws) and shall obtain and maintain, at its sole expense, any and all
<br />material permits, licenses, approvals and consents necessary for the lawful conduct of the
<br />activities contemplated under this Agreement.
<br />
<br />9, Compliance witb Occupational Safety and Healtb. Contractor hereby certifies that all
<br />materials, equipment, etc" used to perform the services required by this Agreement meets all
<br />OSHA requirements.
<br />
<br />10, Waiver of Liabilitv/Indemnitv. The City shall not in any way be answerable or
<br />accountable for any violations of applicable laws or for any injury, loss or damage arising from
<br />the negligence or omission of Contractor or anyone of its employees, contractors or agents,
<br />Contractor hereby agrees to indemnify, defend and hold harmless the City from and against any
<br />claim, loss, damage, liability, cost or expense, including attorneys' fees, whether or not due to or
<br />caused in whole or in part by City or its employees, arising out of (i) the performance or breach
<br />by the Contractor of its obligations under this Agreement. Contractor hereby irrevocably waives
<br />any right and agrees not to file any mechanic's or materialman's lien against the interest of the
<br />owner of the property,
<br />
<br />11, Asshmment. This Agreement shall be binding upon and shall inure to the benefit of the
<br />City and to any and all of its successors and assigns, whether by merger, consolidation, transfer
<br />of substantially all assets or any similar transaction, Notwithstanding the foregoing, this
<br />Agreement is personal to the Contractor and it may not, either directly or indirectly, assign its
<br />rights or delegate its obligations to City hereunder without first obtaining the City's consent in
<br />writing, Any such attempted assignment or delegation shall be deemed of no legal force and
<br />effect whatsoever,
<br />
<br />12, Term. This Contract shall commence on April 24, 2003, and expire on April 24, 2004,
<br />This contract may be renewed, upon mutual consent of both parties. Any renewal of this
<br />Contract shall be subject to appropriation of funds by the City Commission,
<br />
<br />13, Termination. This Agreement may be cancelled by the City, with or without cause,
<br />upon thirty (30) days written notice to Contractor. This Contract shall be subject to immediate
<br />termination if the services do not comply the specifications stated herein or fails to meet the
<br />City's performance standards.
<br />
<br />City of Sunny Isles Beach 17070 Collins A venue, Suite 250, Sunny Isles Beach, Florida 33160
<br />(305) 947-0606 phone (305) 949-3113 Fax
<br />
<br />Altius Service Contract
<br />Attorney/Agreements/ CH
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