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Reso 2023-3515
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Reso 2023-3515
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Last modified
7/28/2023 11:50:33 AM
Creation date
7/21/2023 4:46:09 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2023-3515
Date (mm/dd/yyyy)
06/15/2023
Description
RFP 23-04-02 Agreement w/ Disaster Program & Operations, Inc. for disaster debris monitoring services.
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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 />Consultant will clearly state "final invoice" on the Consultant'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 Consultant. <br />Consultant 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 Consultant <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 Consultant. Consultant 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 Consultant 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 />6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Consultant is an independent <br />contractor and shall be treated as such for all purposes. Nothing contained in this Agreement, or <br />any action of the parties, shall be construed to constitute or to render the Consultant an employee, <br />partner, agent, shareholder, officer or in any other capacity other than as an independent contractor <br />other than those obligations which have been or shall have been undertaken by the City. Consultant <br />shall be responsible for any and all of its own expenses in performing its duties and Services as <br />contemplated under this Agreement. The City shall not be responsible for any expense incurred by <br />the Consultant. The City shall have no duty to withhold any Federal income taxes or pay Social <br />Security services and that such obligations shall be that of the Consultant, other than those set forth <br />in this Agreement. Consultant shall furnish its own transportation, office, and other supplies as it <br />determines necessary in carrying out its duties and Services under this Agreement. <br />7. OWNERSHIP OF DOCUMENTS. All documents prepared by the Consultant pursuant <br />to this Agreement and related Services to this Agreement are intended and represented for the <br />ownership of the City only. Any other use by Consultant or other parties requires approval in writing <br />by the City. If requested, Consultant shall deliver the documents to the City within fifteen (15) <br />calendar days. <br />8. INSURANCE. Consultant shall, at its sole cost and expense, during the period of any work <br />being performed under this Agreement, procure and maintain the following minimum insurance <br />coverages to protect the City and Consultant against all loss, claims, damage and liabilities caused <br />by Consultant, its agents, or employees, as indicated below: <br />A. Comprehensive General Liability with minimum limits of One Million Dollars <br />($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and <br />Property Damage Liability, with the City of Sunny Isles named as an Additional <br />Insured, along with a Waiver of Subrogation for the benefit of the City of Sunny Isles <br />Beach. Coverage to be provided on a Primary and Non-contributory format. <br />Coverage must be afforded on a form no more restrictive than the latest edition of <br />Disaster Program & Operations, Inc. Page 4 of 31 <br />334 <br />
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