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Reso 2024-3641
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Reso 2024-3641
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Last modified
4/29/2024 3:04:00 PM
Creation date
4/25/2024 4:54:48 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2024-3641
Date (mm/dd/yyyy)
04/18/2024
Description
AWD RFP No. 24-02-02 to negoiate and execute an agreement with Exquisite Catering.
Supplemental fields
Expiration Date
4/18/2025
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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 />Contractor shall be compensated for the Services satisfactorily performed prior to <br />the effective date of termination. <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 />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 />6. LIQUIDATED DAMAGES. Failure to furnish the Services on the approved date of the <br />Event shall obligate Contractor to pay the City, as liquidated damages, and not as a penalty, a <br />minimum amount equal to Fifteen Thousand Dollars and No Cents ($15,000.00). If any liquidated <br />damages are unpaid by the Contractor, the City shall be entitled to deduct these unpaid liquidated <br />damages from the monies due the Contractor. <br />7. BACKGROUND CHECKS. Prior to performing work in the City pursuant to the <br />Agreement, Contractor, and managers, employees, independent contractors, and any subcontractors <br />of Contractor (collectively "Personnel") that will perform work under this Agreement shall be <br />required to undergo a criminal background check consisting of a Florida Department of Law <br />Enforcement ("FDLE") and Florida Crime Information Center/National Crime Information Center <br />("FCIC/NCIC") criminal records check. Any Personnel not meeting this requirement will not be <br />permitted to perform work under this Agreement. The background check will be performed by the <br />City's Human Resources Department, at the Contractor's sole expense. Failure of Contractor to <br />comply with this provision, shall be cause for termination of the Agreement. <br />8. 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 <br />any action of the parties shall be construed to constitute or to render the Contractor 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. Contractor <br />shall be responsible for any and all of its own expenses in performing its duties as contemplated <br />under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. <br />The City shall have no duty to withhold any Federal income taxes or pay Social Security services <br />and that such obligations shall be that of the Contractor, other than those set forth in this Agreement. <br />EXQUISITE CATERING BY ROBERT, INC. <br />
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