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<br />City of Sunny Isles Beach
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<br />18070 Collins Avenue, Sunny Isles Beach, Florida 33160
<br />(305) 947-0606 phone (305) 949-3113 Fax
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<br />for any expense incurred by the Consultant. The City shall have no duty to withhold any Federal
<br />income taxes or pay Social Security services and that such obligations shall be that of the
<br />Consultant, other than those set forth in this Agreement. Consultant shall furnish its own
<br />transportation, office and other supplies as it determines necessary in carrying out its duties
<br />under this Agreement.
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<br />9. 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
<br />permits, licenses, approvals and consents necessary for the lawful conduct of the activities
<br />contemplated under this Agreement. Specifically, Consultant shall comply with all applicable
<br />conflict of interest provisions as provided in state statutes, Miami-Dade County Code and the
<br />Code of the City of Sunny Isles Beach (Section 62-16 entitled "Ethics in Public Contracting").
<br />As provided in Section 62-16, Code of the City of Sunny Isles Beach, the City Commission may
<br />terminate this Contract for violation of the above-referenced ethical standards.
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<br />10. INDEMNIFICATION AND WAIVER OF LIABILITY: The Consultant agrees, to
<br />the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents,
<br />representatives, officers, directors, officials and employees from and against claims, damages,
<br />losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of
<br />appellate proceedings) relating to, arising out of or resulting from the Consultant's negligent
<br />acts, errors, mistakes or omissions relating to professional services in the performance of this
<br />Agreement.
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<br />The Consultant's duty to defend, hold harmless and indemnify the City, its agents,
<br />representatives, officers, directors, officials and employees shall arise in connection with any
<br />claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or
<br />injury to impairment, or destruction of tangible property including loss of use resulting
<br />therefrom, caused by any negligent acts, errors, mistakes or omissions related to professional
<br />services in the performance of this Agreement including any person for whose acts. errors,
<br />mistakes or omissions the Consultant may be legally liable.
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<br />The parties agree that ONE HUNDRED DOLLARS ($100.00) represents specific consideration
<br />to the Consultant for the indemnification set forth in this Agreement. The Consultant hereby
<br />acknowledges receipt of ONE HUNDRED DOLLARS ($100.00) and other good and valuable
<br />consideration from the City in exchange for giving the City the indemnification provided herein.
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<br />11. ASSIGNMENT: This Agreement shall be binding upon and shall inure to the benefit
<br />of the City and to any and all of its successors and assigns, whether by merger, consolidation,
<br />transfer of substantially all assets or any similar transaction. Notwithstanding the foregoing, this
<br />Agreement is personal to the Consultant and it may not, either directly or indirectly, assign its
<br />rights or delegate its obligations to City hereunder without first obtaining the City's consent in
<br />writing. Any such attempted assignment or delegation shall be deemed of no legal force and
<br />effect whatsoever.
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<br />C0708-036 MARLIN ENGINEERING, INC. 5
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