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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 />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 Contractor <br />with the prior written approval of the City. If the City disputes any charges on the invoices, it may <br />make payment of the uncontested amounts and withhold payment on the contested amounts until <br />they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or <br />make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any <br />form of indebtedness. The Contractor further warrants and represents that it has no obligation or <br />indebtedness that would impair its ability to fulfill the terms of this Agreement. <br />5. PENALTIES FOR NON-COMPLIANCE WITH MINIMUM STAFFING <br />REQUIREMENTS OR HOURS OF OPERATION. In the event Contractor does not strictly <br />comply with the minimum staffing and/or hours of operations requirements as required by Section <br />3.3 of Request for Proposal No. 18-03-01, which is incorporated herein by reference, during any <br />normal assigned working day and/or special event %vorking day, then the Contractor shall forfeit <br />Two Hundred Dollars ($200.00) in compensation per occurrence as a result of said breach. The <br />compensation forfeited as a result of said breach shall be deducted from any invoices submitted <br />by Contractor for payment. Breach shall include failure to provide security coverage at the <br />designated parking site by any officer for any reason except for Acts of God, and until such time <br />as a qualified pre -approved officer arrives on duty. For the purpose of this section, Acts of God <br />means hurricanes, tropical storms, tornadoes, fire, flood, earthquakes, tsunami, hail or natural <br />catastrophe. The penalty assessed shall be added to any invoices submitted by Contractor for <br />payment during the violation period. A breach shall be deemed to have occurred if Contractor <br />does not provide at least one (1) parking attendant during any normal assigned working day or <br />does not provide the minimum number of required parking attendants for any special event <br />working day. Additionally, a breach shall be deemed to have occurred if the assigned parking lot <br />attendant(s) leaves early or arrives late without advanced written approval from The City. <br />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 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 />7. 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 coverages to protect the City and Contractor against all loss, claims, damage and <br />liabilities caused by Contractor, its agents, or employees, as indicated below: <br />6826-089 FPI SECURITY SERVICES: INC. <br />