Reso 2005-774 - Laserfiche WebLink

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[n addition to the foregoing, ARTIST furtherrepresents that there has been no detennination, based on an audit, that it committed an act defined by Section 287. [33, Florida Statutes, as a public entity crime and that it has not been fonnally charged with committing an act defined as a public entity crim~ regardless of the amount of money involved or whether ARTIST has been placed on the convicted vendor list. 10,4 INDEPENDENT CONTRACTOR ARTIST is an independent contractor under this Agreement. Services provided by ARTIST pursuant to this Agreement shall be subject to the supervision of ARTIST. In providing such services, neither ARTIST nor its agents shall act as officers, employees, or agents ofthe CITY. This Agreement shall not constitute or make the parties a partnership or joint venture, and furthennore, this Agreement does not constitute a work for hire arrangement or agreement 10.5 THIRD PARTY BENEFICIARIES Neither ARTIST nor CITY intends to directly or substantially benefit a third party by this Agreement. Therefore, the parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either of them based upon this Agreement. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. 10,6 NOTICES Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified, The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: FOR CITY: with copies to: Christopher 1. Russo, City Manager 17070 Collins Avenue, St. 250 Sunny Isles Beach, FL 33 I 60 FOR ARTIST: David Fisher, Felix Fisher F.D.F. Designs Studio Seaford, New York 10,7 ASSIGNMENT AND PERFORMANCE ARTIST shall not assign, transfer, or encumber all or any portion of this Agreement. ARTIST represents that all persons delivering the services required by this Agreement have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perfonn the duties, obligations, and services set forth in the Scope of Services and to provide and perfonn such services for the agreed compensation.