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<br />or a holiday, Contractor shall submit his invoice on the next business day. City shall pay Contractor only
<br />for Services actually performed. The Contractor shall make no other charges to the City for supplies,
<br />labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is
<br />incurred by 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 contested
<br />amounts until they are resolved by agreement with Contractor.
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<br />13.5. AVAILABILITY OF FUNDS. The City's performance and obligation to pay under this
<br />Agreement is contingent upon an annual appropriation for its purpose by the City Commission.
<br />
<br />13.6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent
<br />contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any
<br />action of the parties shall be construed to constitute or to render the Contractor an employee, partner,
<br />agent, shareholder, officer or in any other capacity other than as an independent contractor other than
<br />those obligations which have been or shall have been undertaken by the City. Contractor shall be
<br />responsible for any and all of its own expenses in performing its duties as contemplated under this
<br />Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall
<br />have no duty to withhold any Federal income taxes or pay Social Security services and that such
<br />obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall
<br />furnish its own transportation, office and other supplies as it determines necessary in carrying out its
<br />duties under this Agreement.
<br />
<br />13.7. OWNERSHIP OF DOCUMENTS AND EOUIPMENT. All documents prepared by the
<br />Contractor pursuant to this Agreement and related Services to this Agreement are intended and
<br />represented for the ownership of the City only. Any other use by Contractor or other parties shall be
<br />approved in writing by the City. If requested, Contractor shall deliver the documents to the City within fifteen
<br />(15) calendar days.
<br />
<br />13.8. INDEMNIFICATION. Contractor agrees to indemnify and hold harmless, the City, its
<br />officers, agents, and employees from, and against, any and all claims, actions, liabilities, losses and
<br />expenses including, but not limited to, attorney's fees for personal, economic or bodily injury, wrongful
<br />death, loss of or damage to property, at law or in equity, which may arise or may be alleged to have
<br />risen from the negligent acts, errors, omissions or other wrongful conduct of the Contractor, agents or
<br />other personal entity acting under Contractor's control in connection with the Contractor's performance of
<br />Services pursuant to that Agreement and to that extent the Contractor shall pay such claims and losses
<br />and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims
<br />and losses including wrongful termination or allegations of discrimination or harassment, and shall pay all
<br />costs and attorneys' fees expended by the City in defense of such claims and losses including appeals.
<br />The parties agree that ten percent (10%) of the total compensation is a specific consideration from the
<br />City to the Contractor for this indemnity.
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<br />Contractor shall, at its own sole cost and expense, during the period of any work being performed under
<br />this Agreement, procure and maintain the following minimum insurance coverage to protect the City and
<br />Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, Contractor's or
<br />employees, as more particularly set forth below:
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<br />Comprehensive General and Umbrella liability insurance, including broad
<br />form contractual liability coverage for all operations, including but not
<br />limited to, contractual, products, and completed operations, personal
<br />injury and property damage liability, which when combined has minimum
<br />limits coverage of Four Million Dollars ($4,000,000).
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<br />Worker's compensation insurance at the statutory amount to apply for all
<br />employees in compliance with the "Workers' Compensation Law" of the
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