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Reso 2012-1903
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Reso 2012-1903
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Last modified
10/30/2012 11:27:19 AM
Creation date
5/23/2012 10:47:39 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2012-1903
Date (mm/dd/yyyy)
05/10/2012
Description
Awd RFP12-03-02&Agmt w/Shorty’s BBQ Cater City Ann. Celebration
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6. INDEPENDENT CONTRACTOR RELATIONSHIP. 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 />7. OWNERSHIP 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 />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 - Contractor s or employees, as indicated below: <br />Q Comprehensive General liability insurance, including broad form contractual <br />liability coverage for all operations, including, but not limited to, contractual, <br />products, and completed operations, personal injury and property damage liability <br />with minimum limits of One Million Dollars ($1,000,000.00) per occurrence and <br />Two Million Dollars ($2,000,000.00) aggregate. <br />Q Worker's Compensation during the entire term of this agreement in the maximum <br />amounts required by Florida Law. <br />Q Business Automobile Liability which shall include coverage for all owned, non - <br />owned and hired vehicles for minimum limits of not less than One Million Dollars <br />($1,000,000.00) per occurrence, One Million Dollars ($1,000,000.00) per accident <br />for bodily injury and Five Hundred Thousand Dollars ($500,000.00) per accident <br />for property damage. <br />Insurance required of the Contractor shall be primary to, and not contribute with, any insurance <br />or self-insurance maintained by the City. Such insurance shall not diminish Contractor's <br />indemnification and obligations hereunder. The insurance poliey(ies) shall be issued by <br />companies authorized to do business under the laws of the State of Florida and acceptable to the <br />City with a minimum A.M. Best rating of A- Excellent. Before any work under this <br />Agreement is performed, and at any time upon request, Contractor shall furnish to the <br />City certificates of insurance evidencing the minimum required coverage and shall be <br />appropriately endorsed for contractual liability, with the City named as additional insured. <br />All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall <br />be in forms and issued by insurance companies acceptable to the City Manager or his designee. <br />C1011 -046 Shorty's Bar-B -Q, Inc. City Party Page 3 of 7 <br />
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