Reso 2007-1155 - Laserfiche WebLink

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Specifically, Contractors 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 (Section 62- 16 entitled "Ethics in Public Contracting." As provided in Section 62-16, Code of the City of Sunny Isles, the City Commission may terminate this Contract for violation of the above-referenced ethical standards. 10. 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 Contractor or anyone of its employees, contractors or agents. Contractor 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 Contractor 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 Contractor. Contractor's indemnity obligation shall extend up to but shall not exceed the higher limits of that insurance. Contractor hereby irrevocably waives any right and agrees not to file any mechanic's or materialman's lien against City property. 11. 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 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. 12. 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 upon the completion of Services described in Attachment "B". Payment will be made only for work completed to the satisfaction of the City. Contractor is to commence performance of work on the ForeverLawn Playground Grass (more particularly described on page 1 of attached Exhibit "B") upon receipt of purchase order. Installation of the ForeverLawn Playground Grass shall be completed within two (2) to three (3) weeks after receipt of purchase order. Contractor is to commence performance of work on the SportsPlay and Shade Systems (more particularly described on page 2 of attached Exhibit "8") upon receipt of purchase order. Installation of the SportsPlay and Shade Systems shall be completed within six (6) to eight (8) weeks after receipt of purchase order and approved drawings. Contractor is to commence performance of the above described work within the completion schedule and shall continue in a diligent manner until the work is complete. The above completion schedule may be extended by the City. Contractor acknowledges that compliance with the above commencement dates and completion schedule is the essence of this Agreement. The terms of Sections 9 and 10 entitled "Compliance with Law" and "Waiver of Liability/Indemnity," respectively, shall survive termination of this Agreement. Page 4 C0607-112 Superior Park Systems, Ine. Agreement ~.., I