Reso 2006-965 - Laserfiche WebLink

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City ofSullllY Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Beach, the City Commission may tenninate this Contract for violation of the above-referenced ethical standards. 9. WAIVER OF LIABILlTY/INDEMNITY:The City shall not in any way be answerable or accountable for any violations of applicable laws or for any injury, loss or damage arising from the negligence or omission of Contractor or anyone of its employees, contractors or agents. Contractor hereby agrees to indemnify, defend and hold hannless the City from and against any claim, loss, damage, liability, cost or expense, including attorneys' fees, whether or not due to or caused in whole or in part by City or its employees, arising out of (i) the perfonnance or breach by the Contractor of its obligations under this Agreement, (ii) any personal or bodily injury, including death, to any person and destruction of property resulting from the perfonnance or breach by Contractor. Contractors indemnify obligation shall extend up to but shall not exceed the higher limits of that insurance. Contractor hereby irrevocably waives any right and agrees not to file any mechanic's or materialman's lien against City property. 10. ASSIGNMENT: This Agreement shall be binding upon and shall inure to the benefit of the City and to any and all of its successors and assigns, 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 hereunder 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. 11. TERM: Contractor shall deliver to the City twenty-one (21) Beach Access signs and companion posts, manufactured to the same quality and design standards as required in Attachment "A", on or before sixty (60) days following the execution of this Agreement. Payment will be made only for work completed to the satisfaction of the City. Contractor is to commence perfonnance of work on the Commencement Date and continue in a diligent manner until work is complete. Contractor acknowledges that compliance with the commencement and completion schedule is the essence of this Agreement. Contractor's failure to comply with the delivery schedule shall be grounds for the City's tennination of this Agreement without further notice to the Contractor. The tenns of this Agreement shall not be extended without the prior written consent of the City. The tenns of Sections 8 and 9 entitled "Compliance with Law" and "Waiver of Liability/Indemnity," respectively, shall survive tennination of this Agreement. 12. NOTICES: All notices and other communications required or pennitted 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, retUl11 receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, retUl11 receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such pm1y as follows: 4 C0506- 75 Pios & Sons Consulting Serviee Agreement f '" .... .