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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 />d. Final Invoice. In order for both parties herein to close their books and records, the <br />Contractor will clearly state "final invoice" on the Contractor's final/last billing to <br />the City. This certifies that all services have been properly performed and all charges <br />and costs have been invoiced to the City. Since this account will thereupon be closed, <br />any other additional charges, if not properly included on this final invoice, are waived <br />by the Contractor. <br />Availability of Funds. The City's performance and obligation to pay under this <br />Agreement is contingent upon an annual appropriation for its purpose by the City <br />Commission. <br />Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, <br />overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor <br />with the prior written approval of the City. If the City disputes any charges on the invoices, it may <br />make payment of the uncontested amounts and withhold payment on the contested amounts until <br />they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or <br />make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any <br />form of indebtedness. The Contractor further warrants and represents that it has no obligation or <br />indebtedness that would impair its ability to fulfill the terms of this Agreement. <br />INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent <br />contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any <br />action of the parties shall be construed to constitute or to render the Contractor an employee, partner, <br />agent, shareholder, officer or in any other capacity other than as an independent contractor other <br />than those obligations which have been or shall have been undertaken by the City. Contractor shall <br />be responsible for any and all of its own expenses in performing its duties as contemplated under <br />this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The <br />City shall have no duty to withhold any Federal income taxes or pay Social Security services and <br />that such obligations shall be that of the Contractor, other than those set forth in this Agreement. <br />Contractor shall furnish its own transportation, office and other supplies as it determines necessary <br />in carrying out its duties under this Agreement. <br />6. PROFESSIONAL LICENSES. As of the commencement of this Agreement, and at all <br />times thereafter during the term of this Agreement, Contractor will have a valid certified general <br />contractor's license issued by the Florida Department of Business and Professional Regulation and <br />all other applicable licensing agencies, and such license shall remain in fall force and affect at all <br />times during the term of this Agreement. <br />7. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the <br />Contractor pursuant to this Agreement and related Services to this Agreement are intended and <br />represented for the ownership of the City only. Any other use by Contractor or other parties shall <br />be approved in writing by the City. If requested, Contractor shall deliver the documents to the City <br />within fifteen (15) calendar days. <br />2022-7728 — Seawater Construction Corp. <br />