Reso 2008-1283 - Laserfiche WebLink

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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 4. DUTY TO IMMEDIATELY RESPOND. Contractor agrees that if they fail to meet the standard maintenance necessary to keep the median fencing in good condition, the City will given written notice of the deficiency to Contractor who shall respond within 48 (forty-eight) hours to make the necessary corrections and, if the corrections are not made within this time frame, the City may avail itself of all available legal remedies, including but not limited to those outlined in Paragraph 11 below. 5 TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Paragraph 11 hereunder, the term of this Agreement shall begin upon Notice of Commencement and shall end seven (7) months thereafter. 6. COMPENSATION. Payment to Contractor for all charges under this Agreement shall be in accordance with this Agreement and a proposed fee schedule reflected in Attachment "A". Contractor shall submit invoices on a monthly basis within ten (10) days following the end of each calendar month. City shall pay Contractor only for Services actually performed. The Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. 7. A V AILABILITY OF FUNDS. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. 8. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor IS an independent Contractor and shall be treated as such for all purposes. Nothing contained in this Agreement 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 Agreement. 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 Agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 9. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the Contractor pursuant to this Agreement and related Services to this Agreement are intended and represented for the ownership of the City only. Any other use by Contractor or other parties shall be approved in writing by the City. If requested, Contractor shall deliver the documents to the City within fifteen (15) calendar days. 2 C0708-071 B & G FENCES, CORP. AGREEMENT