|
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
<br />(305) 947-0606 phone (305) 949-3113 Fax
<br />penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities ( collectively
<br />referred to as "Liabilities") by reason of any injury to or death of any person or damage to or
<br />destruction or loss of any property arising out of, resulting from, or in connection with (i) the
<br />negligent performance or non-performance of the Services contemplated by this Agreement
<br />(whether active or passive) of Consultant or its employees or subcontractors (collectively referred
<br />to as "Consultant") except Liabilities which are directly caused, in whole or in part, by any act,
<br />omission, default or negligence (whether active or passive or in strict liability) of the Indemnitees,
<br />or any of them, or (ii) the failure of the Consultant to comply materially with any of the
<br />requirements herein, or the failure of the Consultant to conform to statutes, ordinances, or other
<br />regulations or requirements of any governmental authority, local, federal or state, in connection
<br />with the performance of this Agreement. Consultant expressly agrees to indemnify, defend and
<br />hold harmless the Indemnitees, or any of them, from and against all liabilities which may be
<br />asserted by an employee or former employee of Consultant, or any of its subcontractors, as
<br />provided above, for which the Consultant's liability to such employee or former employee would
<br />otherwise be limited to payments under state Workers' Compensation or similar laws. Consultant
<br />further agrees to indemnify, defend and hold harmless the Indemnitees from and against (i) any
<br />and all Liabilities imposed on account of the violation of any law, ordinance, order, rule,
<br />regulation, condition, or requirement, related directly to Consultant's negligent performance under
<br />this Agreement, compliance with which is left by this Agreement to Consultant, and (ii) any and
<br />all claims, and/or suits for labor and materials furnished by Consultant or utilized in the
<br />performance of this Agreement or otherwise.
<br />This section shall be interpreted to comply with Sections 725.06 and/or 725.08, Florida Statutes.
<br />Consultant's obligations to indemnify, defend and hold harmless the Indemnitees shall survive the
<br />termination/expiration of this Agreement.
<br />Consultant understands and agrees that any and all liabilities regarding the use of any subcontractor
<br />for Services related to this Agreement shall be borne solely by Consultant throughout the duration
<br />of this Agreement and that this provision shall survive the termination or expiration of this
<br />Agreement, as applicable.
<br />17. COMPLIANCE WITH LAW. Consultant shall comply with all laws, regulations and
<br />ordinances of any federal, state, or local governmental authority having jurisdiction with respect
<br />to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits,
<br />licenses, approvals and consents necessary for the lawful conduct of the activities contemplated
<br />under this Agreement.
<br />18. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall
<br />supersede and take priority over any inconsistent or conflicting provisions that are contained in
<br />any other document, including but not limited to Exhibit "A", "B", "C", and "D".
<br />19. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED
<br />COMPANIES. Pursuant to Florida Statutes Section 287.135, contracting with any entity that is
<br />listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of
<br />Israel is prohibited. Consultants must certify that the company is not participating in a boycott of
<br />Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be
<br />terminated at the City's option if it is discovered that the entity submitted false documents of
<br />certification, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized
<br />AECOM TECHNICAL SERVICES, INC. 9
<br />
|