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<br />.. <br /> <br />the Statement. The records shall include documents from which the original transaction entry <br />was made, including sales slips, cash register tapes, and/or purchase invoices. Contractor shall <br />keep true and accurate books and records showing all of its business transactions in separate <br />records of account for the concession operation, in a manner acceptable to the City. The City <br />shall have the right, through its representatives, and at all reasonable times, to inspect such books <br />and records, including State of Florida sales tax records. The City may require Contractor, at his <br />expense, to have his records and accounts audited by an auditor acceptable to the City and shall <br />present said audit to the City Manager or his designee within thirty (30) days after the <br />completion of the audit. If Contractor fails to provide the required audit, the City shall contract to <br />have an audit performed at the Contractor's expense <br /> <br />5.4 Cash Registers. All sales, other than sales from vending machines, shall be <br />recorded by cash registers, which display to the customer the amount of the sale and <br />automatically issue receipts certifying the transaction amount. The cash registers shall be <br />equipped with devices which lock in sales totals, transaction records, produce duplicate audit <br />tape, contain counters which cannot be reset and which record the transaction numbers and sales <br />details on such tape. Any errors shall be noted by Contractor on the audit tape with an <br />explanation. Cash register readings shall be recorded by Contractor at the beginning and the end <br />of each business day. <br /> <br />5.5 Late Fee. Contractor acknowledges that late payment to the City of the <br />Percentage Payment will cause the City to incur costs not contemplated by this Agreement, the <br />exact amount of which will be difficult to ascertain. Accordingly, if the Percentage Payment is <br />not received by the City on the Due Date, Contractor agrees to pay a per day late fee to the City <br />equal to Twenty-Five and No/100 Dollars ($25.00) per calendar day beyond the Due Date. <br /> <br />6. Compliance with Laws. <br /> <br />Contractor shall comply with and perform the Services in accordance with all applicable federal, <br />state, and City laws including, without limitation, all City codes, ordinances, resolutions, <br />standards and policies, as now existing or hereafter adopted or amended, including but not <br />limited to the following: <br /> <br />(i) Federal, state and local health, safety and licensing laws relating to the sale of concession <br />goods; and <br />(ii) City code provisions requiring any person or entity doing business in the City to obtain a <br />business license, tax or registration. <br /> <br />7. Warranty. <br /> <br />The Contractor warrants that it has the requisite training, skill and experience necessary to <br />provide the Services and is or will be appropriately accredited and licensed by all applicable <br />agencies and governmental entities, including but not limited to being registered to do business <br />in the City of Sunny Isles Beach. <br /> <br />8. Independent Contractor <br /> <br />It is the intention and understanding of the Parties that the Contractor shall be an independent <br />contractor and that the City shall be neither liable nor obligated to pay Contractor sick leave, <br />vacation payor any other benefit of employment, nor to pay any social security or other tax <br />which may arise as an incident of employment. The Contractor shall pay all income and other <br />21 <br />