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<br />: Of)' Of SUItIl)' hie!> Belich <br /> <br />] 8070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3 J]3 Fax <br /> <br />approvals and consents necessary for the lawful conduct of the activities contemplated 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 the City of Sunny <br />Isles Beach, the City Commission may ternlinate this Contract for violation of the above-referenced <br />ethical standards. <br /> <br />9. WAIVER OF LIABILITYIINDEMNITY: 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 or 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 />indemnity 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 of the <br />City and to any and all of its successors and assigns, whether by merger, consolidation, 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 legal force and effect whatsoever. <br /> <br />] 1. TERM: Subject to the provisions relating to the termination of this Agreement as set forth <br />hereunder, the ternl 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 diligent 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 termination <br />of this Agreement. <br /> <br />C0607-094 KMR COl1struction Managcmcnt. Inc SCf\'ICCS Agrecmcnt <br /> <br />4 <br /> <br />SIB <br />