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Cite of'Sunny Lyles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-31 13 Fax <br />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 in <br />accordance with the terms of Contract Number 24-6833. <br />Contractor shall make no other charges to the City for supplies, Iabor, 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, the terms of <br />Contract Number 24-6833 shall govern. <br />4. 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 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 />5. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work <br />being performed under this Agreement, procure and maintain the following minimum insurance <br />coverage: <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 />limits of One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars <br />($2,000,000) in the aggregate. Limits may be achieved via a combination of primary <br />and umbrella/excess insurance. The City shall be included as an additional insured via <br />blanket endorsement for General Liability and ongoing operations. Such protection <br />shall be primary and non-contributory with respect to the City's insurance, but only <br />with respect to Contractor's sole negligence. Upon written request, such blanket <br />endorsement shall be provided to the City. <br />B. Worker's Compensation and employer's liability coverage, as required pursuant to <br />Florida law. <br />C. Umbrella/Excess Liability Limits of liability of $5,000,000 per occurrence. <br />D. Automobile Liability Limits of liability of at least $1,000,000 combined single limit, <br />including but not limited to, all owned, hired and non -owned motor vehicles. <br />E. Professional Liability/Errors & Omissions/Cyber Risk Liability UKG shall maintain <br />1JK6 KRONOS SYSTEMS, H.C, A UKG, INC. COMPANY 3 <br />