Reso 2018-2828 - 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 Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation,judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 5. PENALTIES FOR NON-COMPLIANCE WITH MINIMUM STAFFING REQUIREMENTS OR HOURS OF OPERATION. In the event Contractor does not strictly comply with the minimum staffing and/or hours of operations requirements as required by Section 3.3 of Request for Proposal No. 18-03-01, which is incorporated herein by reference, during any normal assigned working day and/or special event working day, then the Contractor shall forfeit Two Hundred Dollars (5200.00) in compensation per occurrence as a result of said breach. The compensation forfeited as a result of said breach shall be deducted from any invoices submitted by Contractor for payment. Breach shall include failure to provide security coverage at the designated parking site by any officer for any reason except for Acts of God, and until such time as a qualified pre-approved officer arrives on duty. For the purpose of this section, Acts of God means hurricanes, tropical storms, tornadoes, fire, flood, earthquakes, tsunami, hail or natural catastrophe. The penalty assessed shall be added to any invoices submitted by Contractor for payment during the violation period. A breach shall be deemed to have occurred if Contractor does not provide at least one (1) parking attendant during any normal assigned working day or does not provide the minimum number of required parking attendants for any special event working day. Additionally, a breach shall be deemed to have occurred if the assigned parking lot attendant(s) leaves early or arrives late without advanced written approval from The City. 6. 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. 7. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverages to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, or employees, as indicated below: 3 6826-089 FPI SECURITY SERVICES. INC.