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City of Sunny Is/es Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br /> (305) 947-0606 phone (305) 949-3113 Fax <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 /> 5. PENALTIES FOR NON-COMPLIANCE WITH MINIMUM STAFFING <br /> REQUIREMENTS OR HOURS OF OPERATION. In the event Contractor does not strictly <br /> comply with the minimum staffing and/or hours of operations requirements as required by Section <br /> 3.3 of Request for Proposal No. 15-03-01, which is incorporated herein by reference, during any <br /> normal assigned working day and/or special event working day, then the Contractor shall forfeit <br /> Two Hundred Dollars (S200.00) in compensation per occurrence as a result of said breach. The <br /> compensation forfeited as a result of said breach shall be deducted from any invoices submitted <br /> by Contractor for payment. A breach shall be deemed to have occurred if Contractor does not <br /> provide at least one (1) parking attendant during any normal assigned working day or does not <br /> provide the minimum number of required parking attendants for any special event working day. <br /> Additionally, a breach shall be deemed to have occurred if the assigned parking lot attendant(s) <br /> leaves early or arrives late without advanced written approval from The City. <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. 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 coverages 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 /> ❑ Comprehensive General liability insurance, including broad form contractual <br /> liability coverage for all operations, including, but not limited to, premises and <br /> completed operations, independent contractors,broad form property damage,broad <br /> form contractual coverage,personal injury coverage with employee and contractual <br /> exclusions removed, with minimum limits of coverage equal to those required for <br /> bodily injury liability and property damage liability, with primary limits of One <br /> Million Dollars ($1,000,000) per occurrence and Two Million Dollars <br /> ($2,000,000.00) aggregate during the initial and any renewal term of this <br /> Agreement. <br /> 3 <br /> C1415-064 PARK ONE OF FLORIDA. LLC <br />