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<br />City of Sunny Isles Beach <br /> <br />18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br /> <br />Contractor shall not pledge the City's credit or make it a guarantor of payment or surety <br />for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor <br />further warrants and represents that it has no obligation or indebtedness that would impair its <br />ability to fulfill the terms of this Agreement. <br /> <br />5. LIQUIDATED DAMAGES AND OTHER REMEDIES FOR DELAY. In the event <br />the Services are not complete within 14 (Fourteen) days from the issuance of Notice to Proceed <br />from City Manager or his Designee, and in the absence of any extended calendar days granted by <br />City, then the Contractor shall be required to pay a liquidated damage penalty of $300.00 (Three <br />Hundred Dollars) for each calendar day beyond the 14 (Fourteen) days period, continuing to the <br />time at which the Services are complete. Such amount is the actual cash value agreed upon as <br />the loss to City resulting from Contractor's delay. Additionally, the City shall also be entitled to <br />withhold 50% of the total Compensation to be paid to Contractor until final completion and <br />acceptance of the Services. <br /> <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 <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 Federal <br />income taxes or pay Social Security services and that such obligations shall be that of the <br />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 /> <br />7. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by <br />the Contractor pursuant to this Agreement and related Services to this Agreement are intended <br />and represented for the ownership of the City only. Any other use by Contractor or other parties <br />shall be approved in writing by the City. If requested, Contractor shall deliver the documents to <br />the City within fifteen (15) calendar days. <br /> <br />8. 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 coverage to protect the City and Contractor against all loss, claims, damage and <br />liabilities caused by Contractor, its agents, sub-Contractors or employees, as indicated below: <br /> <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 /> <br />ClOll-022 SOUTH COAST GROWERS, lNC. AGREEMENT <br />