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Reso 2014-2238
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Reso 2014-2238
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Last modified
1/8/2015 2:48:23 PM
Creation date
7/15/2014 4:57:23 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2014-2238
Date (mm/dd/yyyy)
05/15/2014
Description
Agmt w/Intertek Testing Srvs for PVC Clad Railing System Testing, Newport Pier
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947 -0606 phone (305) 949 -3113 Fax <br />expenses or costs unless any such expense or cost is incurred by Contractor with the prior written <br />approval of the City. If the City disputes any charges on the invoices, it may make payment of the <br />uncontested amounts and withhold payment on the contested amounts until they are resolved by <br />agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of <br />payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. <br />The Contractor further warrants and represents that it has no obligation or indebtedness that would <br />impair its ability to fulfill the terms of this Agreement. <br />5. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an <br />independent contractor and shall be treated as such for all purposes. Nothing contained in this <br />Agreement or any action of the parties shall be construed to constitute or to render the Contractor <br />an employee, partner, agent, shareholder, officer or in any other capacity other than as an <br />independent contractor other than those obligations which have been or shall have been undertaken <br />by the City. Contractor shall be responsible for any and all of its own expenses in performing its <br />duties as contemplated under this Agreement. The City shall not be responsible for any expense <br />incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or <br />pay Social Security services and that such obligations shall be that of the Contractor, other than <br />those set forth in this Agreement. Contractor shall furnish its own transportation, office and other <br />supplies as it determines necessary in carrying out its duties under this Agreement. <br />6. ASSIGNMENT AND PERFORMANCE. Neither this Agreement nor any right or <br />interest herein shall be assigned, transferred or encumbered without the written consent of the other <br />party. City may terminate this Agreement, effective immediately, if there is any assignment, or <br />attempted assignment, transfer, or encumbrance, by Contractor of this Agreement or any right or <br />interest herein without City's written consent. <br />Contractor represents that each person who will renders services pursuant to this Agreement is <br />duly qualified to perform such services by all appropriate governmental authorities, where <br />required, and that each such person is reasonably experienced and skilled in the area(s) for which <br />they will render services. <br />Contractor shall perform its duties, obligations and services under this Agreement in a skillful and <br />respectable manner. The quality of Contractor's performance and all interim and final product(s) <br />provided to or on behalf of City shall be comparable to the applicable local standards. <br />7. RIGHTS IN DOCUMENTS AND WORK. Any and all reports, photographs, surveys, <br />and other data and documents provided or created in connection with this Agreement are and shall <br />remain the property of City. In the event of termination of this Agreement, any reports, <br />photographs, surveys, and other data and documents prepared by Contractor, whether finished or <br />unfinished, shall become the property of City and shall be delivered by Contractor to the City <br />Manager or his designee within seven (7) days of termination of this Agreement by either party. <br />Any compensation due to Contractor shall be withheld until all documents are received as provided <br />herein. Notwithstanding the foregoing, INTERTEK may maintain a controlled copy of its records <br />in order to document the services provided. The term Reports includes all reports, laboratory test <br />data, calculations, estimates, notes and other documents prepared by Intertek in the course of <br />providing services to City. All technical determinations of compliance arising from product, <br />3 <br />
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