Reso 2007-1089 - 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 8. COMPLIANCE WITH LAW: Consultant 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. Specifically, Consultants shall comply with all applicable conflict of interest provisions as provided 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 LIABILITY/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 Consultant or any one of its employees, consultants or agents. Consultant hereby agrees to indemnify, defend and hold harmless 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 performance or breach by the Consultant of its obligations under this Agreement, (ii) any personal or bodily injury, including death, to any person and destruction of property resulting from the performance or breach by Consultant. Consultants indemnify obligation shall extend up to but shall not exceed the higher limits of that insurance. Consultant 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 Consultant 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: Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall begin upon the execution of this Agreement and shall end One (1) year following the execution of this Agreement, upon the completion of Services described in Attachment "B". The term of this Agreement may be extended for an additional term at the option of the City. Payment will be made only for work completed to the satisfaction of the City. Consultant is to commence performance of work on the Commencement Date and continue in a diligent manner until work is complete. Consultant acknowledges that compliance with the commencement and completion schedule is the essence of this Agreement. The terms of Sections 8 and 9 entitled "Compliance with Law" and "Waiver of Liability/Indemnity,"respectively, shall survive termination of this Agreement. 12. TERMINATION: The City shall have the right to cancel this Agreement, at any time during the term hereof, upon thirty (30) days notice to the Consultant. C0607-082 Superior Park Systems.Inc Sen ice Agreement Page 4 of 4