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Reso 2023-3539
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Reso 2023-3539
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Last modified
9/13/2023 4:34:31 PM
Creation date
9/13/2023 4:28:41 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2023-3539
Date (mm/dd/yyyy)
08/17/2023
Description
Agreement w/ Contour Marine Inc., for turnkey design and installation of boat lifts at Bella Vista Park.
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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 />this account will thereupon be closed, any other additional charges, if not properly <br />included on this final payment requisition, 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 payment <br />requisitions, it may make payment of the uncontested amounts and withhold payment on the <br />contested amounts until they are resolved by agreement with Contractor. Contractor shall not <br />pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, <br />obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and <br />represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms <br />of this Agreement. <br />6. 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 <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 />7. 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 />A. Comprehensive General liability insurance. General Liability for Bodily Injury <br />& Property Damage with limits of $1,000,000 per occurrence and $2,000,000 annual aggregate on <br />a primary and non-contributory basis, including the City of Sunny Isles Beach as Additional <br />Insured, with a Waiver of Subrogation to the City and a Hold Harmless Agreement. Coverage must <br />be offered in a form no more restrictive than the latest edition of the Comprehensive General <br />Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and <br />shall specifically include the following with minimum limits not less than those required for Bodily <br />Injury Liability and Property Damage Liability: <br />1. Premises and Operation; <br />2. Independent Contractors; <br />3. Products and/or Completed Operations Hazard; <br />4. Broad Form Property Damage; <br />5. Broad Form Contractual Coverage applicable to this specific Contract, <br />including and hold harmless and/or indemnification agreement; <br />Contour Marine Incorporated <br />
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