Reso 2008-1223 - Laserfiche WebLink

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City of Sunny Isles Beach 18070 Collins A venue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax including any person for whose acts, errors, mistakes or omissions the Consultant may be legally liable. The parties agree that ONE HUNORED OOLLARS ($100.00) represents specific consideration to the Consultant for the indemnification set forth in this Agreement. The Consultant hereby acknowledges receipt of ONE HUNORED OOLLARS ($100.00) and other good and valuable consideration from the City in exchange for giving the City the indemnification provided herein. 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: The term of this Agreement shall begin upon the execution of this Agreement and is divided into three major services. Task 1 is the development of an emergency debris management plan and obtaining of FEMA approval. Task 2 is the development of an RFP to guarantee the services of a professional debris removal company. Task 3 is the management of debris removal in the event of a natural disaster. Task 1 and 2 shall end no later than August 31, 2008, and Task 3 shall be undertaken on an as need basis, as more particularly described in Attachment "A" which is attached hereto and made a part hereof. Payment will be made only for work completed to the satisfaction of the City. Consultant is to commence performance of work on the Commencement Oate 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 "Indemnification and Waiver of Liability," respectively, shall survive termination of this Agreement. 12. TERMINATION: A. Termination for Cause. If, through any cause within its reasonable control, the Consultant should fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this agreement, the City shall have the right to terminate the services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Consultant of its violation of the particular term(s) of the agreement and grant Consultant ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this agreement and the City shall receive a refund from the Consultant in an amount equal to the actual cost of a third party to cure such failure. C0708-042 Solid Resources Inc. Agreement 5