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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br /> (305) 947-0606 phone (305) 949-3113 Fax <br /> 5. 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 undertaken <br /> by the City. Contractor shall be responsible for any and all of its own expenses in performing its <br /> duties as contemplated under this Agreement. The City shall not be responsible for any expense <br /> incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or <br /> pay Social Security services and that such obligations shall be that of the Contractor, other than <br /> those set forth in this Agreement. Contractor shall furnish its own transportation, office and other <br /> supplies as it determines necessary in carrying out its duties under this Agreement. <br /> 6. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by <br /> the 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 <br /> be approved in writing by the City. If requested, Contractor shall deliver the documents to the <br /> City within fifteen (15) calendar days. <br /> 7. PERFORMANCE AND PAYMENT BOND. Contractor is required to furnish a <br /> Performance and Payment Bond in the amount of 100% of the total Compensation amount, with <br /> the City of Sunny Isles Beach as the Oblige,as security for the faithful performance of the Contract <br /> and for the payment of all persons performing labor or furnishing of materials with connection <br /> herewith within ten (10) calendar days after issuance of the Notice to Proceed by the City. The <br /> Performance and Payment Bond shall continue in effect through the contract term. The bonds shall <br /> be with a surety company authorized to do business in the State of Florida and having been in <br /> business with a record of successful and continuous operation for at least five (5) years. <br /> 8. WARRANTY. Contractor shall warrant the Services for a period of one (1) year. The <br /> effective starting date of the warranty period will be the Acceptance Date of Warranted Work by <br /> the City. <br /> a. Rights and Responsibilities of City. The rights and responsibilities of the City include <br /> the following: <br /> 1. The City reserves the right to approve the time, traffic control and methods for <br /> performing any warranty work by permit through the Region utilities and permit <br /> process. <br /> 2. The City reserves the right to approve the schedule proposed by the <br /> Contractor to perform warranty work. <br /> 3. The City reserves the right to approve all materials and specifications used in <br /> warranty work. <br /> 3 SSB <br /> C6523-1617-073-SUMMA MECHANICAL CONTRACTORS LLC D/B/A SMC AIR CONDITIONING <br />