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<br />City of Sunny Isle!'; BellC" <br /> <br />18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br /> <br />approvals and consents necessary for the lawful conduct of the activities eontcmplated under this <br />Agreement. <br /> <br />Specifically, Contractors shall comply with all applicable conflict of interest provisions as provided in <br />state statutes, Miami-Dade County Code and the Code of the City of Sunny Isles Beach (Section 62-16 <br />entitled "Ethics in Public Contracting"), As provided in Section 62-16, Code of thc City of Sunny <br />Isles Beach, the City Commission may terminate this Contract for violation of the above-referenced <br />ethical standards, <br /> <br />9, WAIVER OF LIABILITY/INDEMNITY: 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 the <br />negligence or omission of Contractor or anyone of its employees, contractors or agents, Contractor <br />hereby agrees to indemnify, defend and hold harmless the City from and against any claim, loss, <br />damage, liability, cost 01' expense, including attorneys' fees, whether or not due to or caused in whole <br />or in part by City or its employees, arising out of (i) the performance or breach by the Contractor of its <br />obligations under this Agreement, (ii) any personal or bodily injury, including death, to any person and <br />destruction of property resulting from the performance or breach by Contractor. Contractor's <br />indcmnity obligation shall extend up to but shall not exceed the higher limits of that insurance, <br />Contractor hereby irrevocably waives any right and agrees not to file any mechanic's or materialman's <br />lien against City property, <br /> <br />10, ASSIGNMENT: This Agreement shall be binding upon and shall inure to the benefit ofthc <br />City and to any and all of its successors and assigns, whether by merger, eonsolidation, transfer of <br />substantially all assets or any similar transaction, Notwithstanding the foregoing, this Agreement is <br />personal to the Contractor and it may not, either directly or indirectly, assign its rights or delegate its <br />obligations to City hereunder without first obtaining the City's consent in writing, Any such attempted <br />assignment or delegation shall be deemed of no lcgal force and effect whatsoever. <br /> <br />11. TERM: Subject to the provisions relating to the termination of this Agreement as set forth <br />hereunder, the term of this Agreement shall begin upon the execution of this Agreement and shall end <br />One (1) month following the execution of this Agreement, upon the completion of Services described <br />in Attachment "A", The term of this Agreement may be extended for an additional term at the option <br />of the City, Payment will be made only for work completed to the satisfaction of the City, Contractor <br />is to commence performance of work on the Commencement Date and continue in a diligcnt manner <br />until work is complete. Contractor acknowledges that compliance with the commencement and <br />completion schedule is the essence of this Agreement. The terms of Sections 8 and 9 entitled <br />"Compliance with Law" and "Waiver of Liability/Indemnity," respectively, shall survive tennination <br />of this Agreement. <br /> <br />C0607-094 KMR Construction Manag~ment, Inc. Services ^greelll~nl <br /> <br />4 <br /> <br />.(.... ~', <br />) U <br />