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<br />City of Sunny Isles Beach
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<br />18070 Collins Avenue, Sunny Isles Beach, Florida 33160
<br />(305) 947-0606 phone (305) 949-3113 Fax
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<br />c. Availabilitv of Funds. The City's performance and obligation to pay under this
<br />Agreement is contingent upon an annual appropriation for its purpose by the City
<br />Commission.
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<br />d. Final Invoice. In order for both parties herein to close their books and records,
<br />the Consultant will clearly state "final invoice" on the Consultant's final/last
<br />billing to the City. This certifies that all services have been properly performed
<br />and all charges and costs have been invoiced to the City. Since this account will
<br />thereupon be closed, any other additional charges, if not properly included on this
<br />final invoice, are waived by the Consultant.
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<br />Consultant 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 />Consultant 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 Consultant.
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<br />Consultant shall not pledge the City's credit or make it a guarantor of payment or surety for any
<br />contract, debt, obligation, judgment, lien, or any form of indebtedness. The Consultant further
<br />warrants and represents that it has no obligation or indebtedness that would impair its ability to
<br />fulfill the terms of this Agreement.
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<br />5. 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 this
<br />Agreement upon ten days (10) days written notice to Consultant.
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<br />6. INSURANCE. CONSULTANT shall, at its sole cost and expense, during the period of
<br />any work being performed under this Agreement, procure and maintain the following minimum
<br />insurance coverage to protect the City and Consultant against all loss, claims, damage and
<br />liabilities caused by Consultant, its agents, sub-Consultants or employees, as indicated below:
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<br />o 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 liability
<br />with minimum limits of One Million Dollars ($1,000,000) per occurrence and
<br />Two Million Dollars ($2,000,000) aggregate.
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<br />o Worker's Compensation, as required by law, but with no less than $1,000,000 for
<br />Employer's Liability.
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<br />o Business Automobile Liability which shall include coverage for all owned, non-
<br />owned and hired vehicles for minimum limits of not less than One Million Dollars
<br />($1,000,000) per occurrence, One Million Dollars ($1,000,000) per accident for
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<br />C0708-036 MARLIN ENGINEERING, INC. 3
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