Reso 2004-716 - Laserfiche WebLink

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City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax further warrants and represents that it has no obligation or indebtedness that would -impair., its _ ability to fulfill the terms of this Contract. 5. UNDISCLOSED CONDITIONS. In the event that undisclosed conditions are discovered during the performance of this Contract, the City shall have the right to cancel this Contract upon thirty (30) -days written notice to Contractor. Upon termination, the City may bid/re -bid the project if the Contractor fails to perform under this Contract due to the undisclosed conditions. 6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent Contractor and shall be treated as such for all purposes. Nothing contained in this Contract or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent Contractor other than those obligations which have been or shall have been undertaken by the City, Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Contract. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this Contract. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Contract. 7. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work being performed under this Contract, procure and maintain the following minimum insurance coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, sub - Contractors or employees, as indicated below: ❑ Comprehensive General liability insurance -- including broad form contractual liability coverage for all operations, including, but not limited to, contractual, products, and completed operations, personal injury and property damage liability with limits of One Million Dollars ($1,000,000) combined single limit occurrence. ❑ Workmen's Compensation, with no less than $100,000 for Employer's Liability. Said coverage shall include a waiver of subrogation in favor of the City, its agents, employees and officials. ❑ Errors and Omission -- Contractor shall carry a minimum of $500,000 coverage for errors and omissions. ❑ Business Automobile Liability which shall include coverage for all owned, non- owned and hired vehicles for limits of not less than $500,000 per occurrence, Combined Single Limit or its equivalent. Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or self - insurance maintained by the City. 3 Ten" Construction Term Contract B Attomey /Contracts/ch