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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
<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, 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. 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 undertaken
<br />by the City. Contractor shall be responsible for any and all of its own expenses in performing its
<br />duties as contemplated under this Agreement. The City shall not be responsible for any expense
<br />incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or
<br />pay Social Security services and that such obligations shall be that of the Contractor, other than
<br />those set forth in this Agreement. Contractor shall furnish its own transportation, office and other
<br />supplies as it determines necessary in carrying out its duties under this Agreement.
<br />7. ASSIGNMENTS, TRANSFERS, SUBCONTRACTING. The Contractor shall not
<br />subcontract, assign, or transfer any work under this Agreement without the prior written consent
<br />of the City. Should the Contractor subcontract any services under this Agreement, it shall be done
<br />with continued liability for the Contractor. The Contractor shall remain responsible for services,
<br />responsibilities, and liabilities of any person or entity acting under Contractor.
<br />8. 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 />Commercial General Liability. Contractor agrees to maintain Commercial General
<br />Liability at a limit of liability not less than $1,000,000.00 for each Occurrence, $2,000,000
<br />Aggregate. Contractor agrees its coverage shall not contain any restrictive endorsement(s)
<br />excluding or limiting Product/Completed Operations, Independent Contractors, Broad
<br />Form Property Damage, X -C -U Coverage, Contractual Liability or Separation of Insureds.
<br />Additional Insured Endorsement. Contractor agrees to endorse the City as an Additional
<br />Insured on the Commercial General Liability with the following, or similar endorsement
<br />providing equal or broader Additional Insured coverage, the CG 20 26 07 04, or CG 20 26
<br />GARLAND/DBS, INC. q
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