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Reso 2011-1662
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Reso 2011-1662
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Last modified
8/19/2013 2:33:56 PM
Creation date
2/4/2011 12:25:58 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2011-1662
Date (mm/dd/yyyy)
01/20/2011
Description
Agmt w/Macmillan Oil Co. of Fla. for Purchase of Diesel Fuel
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<br />City of Sunny Isles Beach <br /> <br />18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br /> <br />d. Final Invoice. In order for both parties herein to close their books and records, <br />the Contractor will clearly state "final invoice" on the Contractor's final/last <br />billing to the City. This certifies that all services have been properly performed <br />and all charges and costs have been invoiced to the City. Since this account will <br />thereupon be closed, any other additional charges, if not properly included on this <br />final invoice, are waived by the Contractor. <br /> <br />Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, <br />permits, overhead or any other expenses or costs unless any such expense or cost is incurred by <br />Contractor with the prior written approval of the City. If the City disputes any charges on the <br />invoices, it may make payment of the uncontested amounts and withhold payment on the <br />contested amounts until they are resolved by agreement with Contractor. <br />Contractor shall not pledge the City's credit or make it a guarantor of payment or surety <br />for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor <br />further warrants and represents that it has no obligation or indebtedness that would impair its <br />ability to fulfill the terms of this Agreement. <br /> <br />6. INDEPENDENT CONTRACTOR RELATIONSIDP. The Contractor IS an <br />independent Contractor and shall be treated as such for all purposes. Nothing contained in this <br />Agreement or any action of the parties shall be construed to constitute or to render the Contractor <br />an employee, partner, agent, shareholder, officer or in any other capacity other than as an <br />independent Contractor other than those obligations which have been or shall have been <br />undertaken by the City. Contractor shall be responsible for any and all of its own expenses in <br />performing its duties as contemplated under this Agreement. The City shall not be responsible <br />for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal <br />income taxes or pay Social Security services and that such obligations shall be that of the <br />Contractor, other than those set forth in this Agreement. Contractor shall furnish its own <br />transportation, office and other supplies as it determines necessary in carrying out its duties <br />under this Agreement. <br /> <br />7. OWNERSIDP OF DOCUMENTS AND EQUIPMENT. All documents prepared by <br />the Contractor pursuant to this Agreement and related Services to this Agreement are intended <br />and represented for the ownership of the City only. Any other use by Contractor or other parties <br />shall be approved in writing by the City. If requested, Contractor shall deliver the documents to <br />the City within fifteen (15) calendar days. <br /> <br />8. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any <br />work being performed under this Agreement, procure and maintain the following minimum <br />insurance coverage to protect the City and Contractor against all loss, claims, damage and <br />liabilities caused by Contractor, its agents, sub-Contractors or employees, as indicated below: <br /> <br />CIOII-OI4 AGREEMENT <br /> <br />3 <br /> <br />SIB <br />
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