Reso 2007-1084 - Laserfiche WebLink

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City of SIIIII1Y Isles Beach 18070 Collins A venue, Sunny Isles Beach, Florida 33] 60 (305) 947-0606 phone (305) 949-31]3 Fax construction or repair ofa public building or public work, may not submit bids on leases of real property to CITY, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with CITY, and may not transact any business with CITY in excess of the threshold amount provided in Section 287.0] 7, Florida Statutes, for category two purchases for a period of 36 months from the date of bcing placed on the convicted vendor list. Violation of this section shall result in termination of this Agrcement and recovery of all monies paid hcreto, and may result in debarmcnt fi'om CITY'S competitive procurement activities. In addition to the foregoing, ARTIST further reprcsents that there has been no determination, 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 formally charged with committing an act defined as a public entity crim~ rcgardless of the amount of money involved or whether ARTIST has been placed on the convicted vendor list. 10.4 INDEPENDENT CONTRACTOR ART]ST is an indepcndent contractor under this Agrecment. 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 s'lall act as olTIcers, employees, or agents of the CITY. This Agreemcnt shall not constitute or make the parties a partnership orjoint venture, and furthermore, this Agreement does not constitute a work for hire arrangement or agreement. 10.5 THIRD PARTY BENEF1CIAR]ES Neither ART]ST nor CITY intends to directly or substantially benefit a third party by this Agreement. Therefore, the parties agree that there arc 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-deIivelY with a request for a written receipt of acknowledgment of delivery, addrcssed to the party for whom it is intended at the place last specified. Thc place for giving notice shall remain the II C0607-044 Butterfly Artist Agreement " J n '() {