Reso 2011-1758 - 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 represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 8. LIQUIDATED DAMAGES AND OTHER REMEDIES FOR DELAY. In the event the Services are not complete within sixty (60) days written notice from the issuance of a notice to proceed from City Manager or his designee, and in the absence of any extended deadline granted by City, then the Contractor shall be required to pay a liquidated damage penalty of $800.00 (eight hundred dollars) for each calendar day beyond the sixty (60) day completion period, continuing to the time at which the Services are complete. Such amount is the actual cash value agreed upon as the loss to City resulting from Contractor's delay. Additionally, the City shall also be entitled to withhold 50% of the total Compensation to be paid to Contractor until final completion and acceptance of the Services. 9. 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. 10. 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. 11. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the minimum insurance coverage specified in to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, sub-Contractors or employees, as indicated below: Comprehensive General Liability with minimum limits of Two Million Dollars ($2,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: C 10 11-067 THE SG GROUP, LLC. AGREEMENT Page 4 of 13 s/.. (;