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S <br />City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br />conformity with the Agreement, the invoice will be sent to the Finance Department <br />for payment. Invoices must reference the Agreement number assigned hereto. <br />Invoices will be paid in accordance with the State of Florida Prompt Payment Act. <br />C. Availability of Funds. The City's performance and obligation to pay under this <br />Agreement is contingent upon an annual appropriation for its purpose by the City <br />Commission. If the City should not appropriate or otherwise make available funds <br />sufficient to purchase the Services procured pursuant to this Agreement, the City <br />may unilaterally terminate any and all contractual or other obligations herein <br />without any further liability or penalty upon twenty (20) days' notice to Contractor. <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, overhead or <br />any other expenses or costs unless any such expense or cost is incurred by Contractor with the <br />prior written approval of the City. If the City disputes any charges on the invoices, it may make <br />payment of the uncontested amounts and withhold payment on the contested amounts until they <br />are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make <br />it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form <br />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 />5. 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 />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 />A. Comprehensive General liability insurance, including broad form contractual liability <br />coverage for all operations, including, but not limited to, contractual, products, and <br />completed operations, personal injury and property damage liability with minimum <br />PIPELINE SERVICE OF BROWARD COUNTY, INC. <br />