Reso 2008-1285 - Laserfiche WebLink

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locations designated by the City's police department. The Services described in Attachments "A" and "B" shall be performed by Contractor to the full satisfaction of the City. 3. COMPENSATION: Payment to Contractor for all charges under this Agreement shall be in accordance with this Agreement and a schedule of charges or tasks reflected in Attachments "A" and "B". The cost for the supervisors and crossing guards are $13.47 per guard/per hour. The total amount of compensation payable by the City to the Contractor shall be an amount not to exceed $121,000.00. The Contractor shall make no other charges to the City for supplies, labor, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. 4. AVAILABILITY OF FUNDS. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. 5. INSURANCE: Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the minimum insurance coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, sub- Contractors or employees, as indicated in Section 1 of Attachment "A". 6. OWNERSHIP OF DOCUMENTS: The parties agree that all documentation and work product produced pursuant to this Agreement shall become the exclusive property of the City and shall be made available to the City within ten (10) days of request. 7. RELATION TO PARTIES: It is understood and agreed that nothing contained in this Agreement shall be deemed to create a partnership, joint venture, other association, or an employer/employee relationship between the Contractor and the City. Contractor shall be in the relation of an independent contractor and is to have entire charge, control and supervision of the work to be performed hereunder. 8. COMPLIANCE WITH LAWS: Contractor shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 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. 9. 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, Page 2 C0708-065 CROSSING GUARDS - KEMP GROUP INTERNATIONAL CORP. AGREEMENT