Reso 2016-2631 - 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 2018-2019, and in the absence of any extended calendar days extension granted by the City Manager or his designee, the Contractor shall be required to return the 50% deposit paid by the City as liquidated damages to the City, such amount being the actual cash value agreed upon as the loss to City resulting from Contractor's delay in not having the holiday lights and decorations at Heritage Park by the designated dates. The deposit amounts paid for each Fiscal Year will be 50% of the total amount owed to the Contractor as invoiced for Fiscal Year 2016-2017, Fiscal Year 2017-2018, and/or Fiscal Year 2018-2019. Additionally, in such an event, the Contractor shall be required to indemnify the City for all costs incurred by the City to re-procure and hire a third party to complete the Services described in this Agreement, and Contractor shall assume complete financial responsibility for any costs the City may incur as a result of the Contractor's failure to install the holiday lights and decorations at Heritage Park by the designated dates. 6. 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. 7. 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. 8. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, 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 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 minimum limits of One Million Dollars ($1,000,000) per occurrence. ❑ Worker's Compensation and employer's liability coverage, as required pursuant to Florida law. Li Business Automobile Liability which shall include coverage for all owned, non- owned and hired vehicles for minimum limits of not less than One Million Dollars SIB C5607-I617-0I2—Miami Christmas Lights Page 3 of 10