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Reso 2013-2057
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Reso 2013-2057
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Last modified
6/4/2013 2:55:15 PM
Creation date
5/24/2013 10:47:52 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2013-2057
Date (mm/dd/yyyy)
05/16/2013
Description
Agmt w/Firepower Displays to Provide Fireworks at Fishing Pier Opening 06/15/13
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event Contractor fails to pay for and obtain all necessary permits, and the <br /> Services are canceled due to Contractor's failure to obtain the required <br /> permit(s), the Contractor shall be required to issue a full refund of any deposits <br /> paid by the City <br /> Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, <br /> overhead or any other expenses or costs unless any such expense or cost is incurred by <br /> 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 <br /> contested amounts until they are resolved by agreement with Contractor. Contractor shall not <br /> pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, <br /> obligation,judgment,.lien, or any form of indebtedness. The Contractor further warrants and <br /> represents that it has no obligation or indebtedness that would impair its ability to fulfill the <br /> terms of this Agreement. <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 <br /> Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than <br /> as an 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 <br /> Federal income taxes or pay Social Security services and that such obligations shall be that of <br /> the 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 /> E' <br /> 6. UNDISCLOSED CONDITIONS: In the event that undisclosed conditions are <br /> discovered during the performance of this Agreement, the City shall have the right to cancel <br /> this Agreement upon thirty (30) days written notice to contractor. Upon termination, the City <br /> may re-bid the project if the contractor fails to perform under this Agreement due to the <br /> undisclosed conditions. <br /> 7. INSURANCE: Contractor shall, at its sole cost and expense, during the period of <br /> any work being performed under this Agreement, procure and maintain the following <br /> minimum insurance coverage to protect the City and Contractor against all loss, claims, <br /> damage and liabilities caused by Contractor, its agents, contractors or employees, as more <br /> particularly set forth below: <br /> ❑ 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 <br /> liability with minimum limits of One Million Dollars ($1,000,000.00) per <br /> occurrence and Two Million Dollars ($2,000,000.00) aggregate. <br /> ❑ Worker's Compensation, as required by law, but with no less than <br /> $1,000,000.00 for Employer's Liability. <br /> 3 <br /> CI213-025-FIREPOWER DISPLAYS UNLIMITED,INC. B <br />
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