Reso 2007-1028 - Laserfiche WebLink

Home Browse Search

City (~r SUIlIlY Ish.!,\' Bellch 18070 Collins ^ venue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax approvals and consents nccessary lor thc lawful conduct of the activitics contcmplatcd under this Agreement. Specilically, Contractors shall comply with all applicable contlict of interest provisions as providcd in state statutes, Miami-Dade County Code and the Code of the City of Sunny Isles Beach (Section 62-16 entitled "Ethics in Public Contracting," As provided in Section 62-16, Code of the City of Sunny Isles Beach, the City Commission may terminate this Contract for violation of the above-referenced ethical standards. 9. WAIVER OF L1ABILlTY/INDEMNITY:The City shall not in any way be answerable or accountable lor any violations of applicable laws or for any injury, loss or damagc arising from the negligcnce or omission of Contractor or anyone of its employecs, contractors or agents, Contractor hereby agrces to indemnify, defend and hold hannlcss the City li'om and against any e1aim, loss, damage, liability, cost or expensc, ineluding attorneys' fees, dircctly caused by Contractor's negligence, any personal or bodily injury, ineluding death, to any person and destruction of property resulting li'OIn the performance or breach by Contractor. Contractors indcmnify obligation shall extend up to but shall not cxceed the higher limits of that insurance. Contractor hereby ilTevocably waives any right and agrees not to lile any mechanic's or materialman's lien against City property. Notwithstanding the lorcgoing, in no event will Contractor bc liable for conscquential, indirect, incidental or special damages of any kind or nature, 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, whcther by merger, consolidation, transfer of substantially all assets or any similar transaction, Notwithstanding the foregoing, this Agreement is personal to thc 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. II, TERM: Subject to the provisions relating to the tennination of this Agreement as set f0l1h in Section 12, the tenn of this Agreement shall be for one (I) year, with the City's option to renew this Agreement for an additional one-year tenn. This Agreement shall begin upon the execution of this Agreement and shall end one (I) year following the execution of this Agreement unless the City elects to cxcrcise its option to renew this Agreement. In the event thc City elects to exercise its option to renew this Agreement, Contractor agrees to honor the same contract price of S 19,560,00, 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 acknowlcdges that compliancc with the commencement and completion schedule is thc essence of this Agreement. The tenns of Sections 8 and 9 cntitled "Compliance with Law" and "Waiver of Liabilityllndemnity," respectivcly, shall survive termination of this Agreement. 4 C00607-()13 :vkQuay Fac(ory ScrviCl'S.- HV AC Sl'rvicc AgrCCt1ll'lll s\\)