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Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
<br />�= = -`-"` City of Pembroke Pines
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<br />and not the CITY's employee for all purposes, including but not limited to, the application of the Fair
<br />Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act,
<br />the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue
<br />Code, the State Workers' Compensation Act, and the State unemployment insurance law. The
<br />CONTRACTOR shall retain sole and absolute discretion in the judgment of the manner and means
<br />of carrying out CONTRACTOR's activities and responsibilities hereunder provided, further that
<br />administrative procedures applicable to services rendered under this Agreement shall be those of
<br />CONTRACTOR, which policies of CONTRACTOR shall not conflict with CITY, State, Federal, or
<br />United States policies, rules or regulations relating to the use of CONTRACTOR's funds provided for
<br />herein. The CONTRACTOR agrees that it is a separate and independent enterprise from the CITY,
<br />that it has full opportunity to find other business, that it has made its own investment in its business,
<br />and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not
<br />be construed as creating any joint employment relationship between the CONTRACTOR and the
<br />CITY and the CITY will not be liable for any obligation incurred by CONTRACTOR, including but
<br />not limited to unpaid minimum wages and/or overtime premiums.
<br />ARTICLE 10
<br />AGREEMENT SUBJECT TO FUNDING
<br />This agreement shall remain in full force and effect only as long as the expenditures provided
<br />for in the Agreement have been appropriated by the City Commission of the City of Pembroke Pines
<br />in the annual budget for each fiscal year of this Agreement, and is subject to termination based on
<br />lack of funding.
<br />ARTICLE 11
<br />UNCONTROLLABLE FORCES
<br />11.1 Neither CITY nor CONTRACTOR shall be considered to be in default of this Agreement
<br />if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which,
<br />by the exercise of reasonable diligence, the non -performing party could not avoid. The term
<br />"Uncontrollable Forces" shall mean any event which results in the prevention or delay of
<br />performance by a party of its obligations under this Agreement and which is beyond the reasonable
<br />control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes,
<br />storms, lightning, epidemic, pandemic, acts of God, war, riot, civil disturbance, sabotage, and
<br />governmental actions.
<br />11.2 Neither party shall, however, be excused from performance if nonperformance is due to
<br />forces, which are preventable, removable, or remediable, and which the nonperforming party could
<br />have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable
<br />dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed
<br />from performance by an uncontrollable force, give written notice to the other party describing the
<br />circumstances and uncontrollable forces preventing continued performance of the obligations of this
<br />Agreement.
<br />ARTICLE 12
<br />GOVERNING LAW AND VENUE
<br />Page 12 of 21 LR-2021-06
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