Reso 2015-2474 - Laserfiche WebLink

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Section 6. Responsibilities of North Miami Beach NMB agrees to pay the price and price adjustments/change orders in accordance with the above referenced Sections 2 ("Price") and 3 ("Price adjustments and change orders"). NMB agrees to pay Seventy Five Percent (75%) of the estimated costs totaling One Hundred Fifty Eight Thousand Four Hundred Ninety One Dollars and Forty One Cents ($158,491.41) to replace a maximum of seven (7) concrete asbestos pipes for the I74`h Street Roadway Improvements Project, for a total amount not to exceed One Hundred Eighteen Thousand Eight Hundred Sixty Eight Dollars and Fifty Six Cents (5118,868.56). NMB shall make a formal inspection of services associated with the concrete asbestos pipes at intervals mandated by NMB. Section 7. Compliance with laws. The Parties shall comply with applicable federal, state and local laws, code, ordinances, rules and regulations in performing_ their respective duties, responsibilities and obligations pursuant to this Interlocal Agreement and with all applicable laws relating to the replacement and installation of concrete asbestos pipes in the corridor of the N.E. 174th Street Roadway Improvements Project. Section 8. Indemnification. To the extent authorized by Florida law, the City hereby agrees to indemnify and hold harmless NMB to the extent of all the limitations included with Section §768.28, Florida Statutes, from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise out of. because of or due to the breach of this Interlocal Agreement by the City, its officials, agents or employees. It is specifically understood and agreed that this indemnification clause does not cover or indemnify NMB for its own sole negligence or breach of this Interlocal Agreement, or for the sole negligence of any unrelated third party, including but not limited to the General Contractor. To the extent authorized by Florida law, NMB hereby agrees to indemnify and hold harmless the City to the extent of all the limitations included with Section §768.28, Florida Statutes, from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise out of, because of or due to the negligence or breach of this Interlocal Agreement by NMB, its officials, agents or employees. Section 9. Governing law, dispute resolution, and attorney's fees. This Interlocal Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The Parties hereto agree to submit to service of process and jurisdiction of the State of Florida for any controversy or claim arising out of or relating to this Interlocal Agreement. Venue for any court action between the parties for any such controversy arising from or related to this Interlocal Agreement shall be in the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, or in the United States District Court for the Southern District of Florida, in Miami-Dade County, Florida. In the event of any action to enforce any Page 3 S I B