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Reso 2023-3530
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Reso 2023-3530
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Last modified
8/30/2023 11:45:30 AM
Creation date
8/25/2023 12:32:06 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2023-3530
Date (mm/dd/yyyy)
08/17/2023
Description
3rd Amendment to Agreement with Light Er Up LLC, to add additional compensation for year (3) of the Agreement.
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3.113 Fax <br />(251/6) of that year's compensation following removal and successful completion of <br />the Services. <br />The Contractor shall not charge the City for any lights that become non-functional <br />during the time of the Holiday Lighting Season, as defined in RFP 21-03-01. <br />Payment shall be made after delivery, within 45 days of receipt of an invoice and <br />authorized inspection and acceptance of the goods/services and pursuant to Section <br />218.74, Florida Statutes and other applicable law. If services have been rendered in <br />conformity with the Agreement, the invoice will be sent to the Finance Department <br />for payment. Invoices must reference the contract number assigned hereto. <br />b. Final Invoice. In order for both parties herein to close their books and records, the <br />Contractor will clearly state "sinal invoice' on the Contractor's final/last billing to <br />the City; This certifies that all services have been properly performed and all <br />charges and costs have been invoiced to the City. Since this account will thereupon <br />be closed, any other additional charges, if not properly included on this final <br />invoice, are waived by the Contractor. <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, <br />form of indebtedness. The Contractor further warrants and represents that it has not <br />obligation r <br />indebtedness that would impair its ability to fulfill the terms of this Agreement. <br />5• INDEPENDENT CONTRACTOR RE ATIONSRUP. 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 <br />undertaken by the City. Contractor shall be responsible for any and all of its own expenses in <br />performing its duties as contemplated under this Agreement. The City shall not be responsible for <br />any expense incurred by the Contractor. 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 />Contractor, other than those set forth in this Agreement. Contractor shall furnish its own <br />transportation, office and other supplies as it determines necessary in carrying out its duties under <br />this Agreement. <br />6• INSURANCE- Contractor shall, at its sole cost and expense, during the period of any <br />work being performed under this Agreement, procure and maintain the following minimum <br />insurance coverage to protect the City and Contractor against all loss, claims, damage and <br />liabilities caused by Contractor, its agents or employees, as indicated below - <br />0 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 />Light `& Up LLC <br />3 <br />73 <br />
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