Reso 2007-1070 - Laserfiche WebLink

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04/19/2007 14:12 3055920924 ADD FIRE INC MIAMI . APRwIS-200r 02:52PM FRCM-OJADGJ~GJMGJMGJMGJMGJ~GJMGJMGJMGJM C'; 0000000000 T-388 p,ODe/0l1 PAGE 05 F.U84 City of Suny Is/el Bead 18070 Collins A veJl\Je~ Sunny lsl~s Btach, Florida 33160 (30~) 947-0606 phone (305) 949-3113 Fax 9. COMPLIANCE WITH LAW: Contractor shall comply with all Jaws, regulalions and ordinances of any federal, Stale, or local govemmental authority having jurisdiction with respect to (hill Agreement r' Applicable Laws") and shall obtain and maintain an)' and all material penniu, licen~, approvals and consentS necessary for the lawful conduct oflhc: activities contemplated under this Agl'eement. Specifi~lly, Contractors shall comply with all applicable conflict ot' interest provisions IS provided in state statutes. Miami-Dade County Code and tbe Code of the City of Sunny 1slcs (Section 62..16 entitled ;'Ethics in Public Contracting." As provided In Section 62..] 6. Code of rhe Cil)' of Sunny [sics. the Cit)' Commission lTlay tel'minale this Contract for "iolation of the above~refer~nccd ethical standards. 10. W~I\i'ER 0' LU.BrUTV/fNDEMNITV: The City shall not in any way be answerable Or ac(;()untablc Cor any violations of applicable laws or for any injury, loss or damage arising from the negligence or omission of Contractor Dr anyone of its employees, contr8CtO~ or agents. Contractor hereby agrees to indemnify, defend and hold harmlc:ss the City from and against any claim. los~. damage. liability, cost or CKponsc. including attorneys' fees. whether or not due to or caused in whole or In part by City or its employees, arisin8 out of (i) the performance or breach by the Contractor of its obligations under this Agreement. (ii) any persol'ial or bodily injury. including death, to any person a.nd destruction of property resulting from the performance Or breath by Contractor. Contou:tor hereby irrevocably waives any right and agrees llot to file any meehflnic's or InBteriahTlan'g lien against City J:lroperty. 11. ~NMENT! This ^areement snail be bindins uJ:lon and shall inure to the benefit of the City and to Bny Ilnd all of its slIccessors and 8s~igns, whether by merger, consolidation. transfer of subsumtially 311 assets or any similar transaction. NOtwithstanding the foregoiuc, this Agreement is personal to the Contractor and it ma.y not, either directly or indirectly, assign its rights or delegate its obligations to Cjty hC!~under wirhoutfirst obtaining the City'~ consent in writing. Any such attempted assiinment or delegation shall be deemed of no legal force and efT'-'ct whatsoever. 12. J:ERM: The term of the Contract shall commence upen eX8!Cution. and shall tcnnimue upon completion of the City':s ) Olh anniversary celebration fireworks display on SatIJrday, .June 16, 2007. In the event that the Display Date is postponed, th~n Contractor shall sell. fumish, deliver, e)(hibit and di!lplay the planned aerial celebration fireworks on June 23. 2007. Payment will be .made only for work complcwd to the satisfaction of the City. Conn'actOr is to Commence perf o I1n ance of work 011 the Commencement Date and continue in a dillaent manner until work Is complete. COl'ltrllctor ac.knowledges that compliance with th~ commenQemenl and completion s~heduJo is on the essence of this Agreement. The tenns of Sections 9 and 10 entitled "Com"lIance with Law" and "Waiver of Liability/Indemnity," respectively, shall survive tel1nination of this Agreeanont. I J. l'ERMINA nON: The City shall have the right to canc~1 this A.arcement at any time durina the tenn hereof. upon ten (10) days nOlicc to the Contrsctor. l4. NOTICES: All notices and other communications required or permitted to be given under this Ajreement by either party to the other shall be in writing and shell be sent (except as otherwise: provided herein) (i) by cenifled or reaistered mall. firsl clus p05ta~ prepaid, return receipt req~sted, (ii) by C0607.()S8 Add Fire. Inc. AiTcement Pace 4