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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 />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. AVAILABILITY 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 Commission. <br /> <br />6. INDEPENDENT CONSULTANT RELATIONSHIP. The Consultant is an independent <br />Consultant and shall be treated as such for all purposes. Nothing contained in this Agreement or <br />any action of the parties shall be construed to constitute or to render the Consultant an employee, <br />partner, agent, shareholder, officer or in any other capacity other than as an independent <br />Consultant other than those obligations which have been or shall have been undertaken by the <br />City. Consultant shall be responsible for any and all of its own expenses in performing its duties <br />as contemplated under this Agreement. The City shall not be responsible for any expense <br />incurred by the Consultant. 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 Consultant, other than <br />those set forth in this Agreement. Consultant shall furnish its own transportation, office and <br />other supplies as it determines necessary in carrying out its duties under this Agreement. <br /> <br />7. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by <br />the Consultant 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 Consultant or other parties <br />shall be approved in writing by the City. If requested, Consultant shall deliver the documents to <br />the City within fifteen (15) calendar days. <br /> <br />8. INSURANCE. Consultant 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 Consultant against all loss, claims, damage and <br />liabilities caused by Consultant, its agents, sub-Consultants 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 />with minimum limits of One Million Dollars ($1,000,000) per occurrence and <br />Two Million Dollars ($2,000,000) aggregate. <br /> <br />o Worker's Compensation, as required by law, but with no less than $1,000,000 for <br />Employer's Liability. <br /> <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 <br />bodily injury and Five Hundred Thousand Dollars ($500,000) per accident for <br />property damage. <br /> <br />3 <br /> <br />C0708-055 O'LEARY RICHARDS DESIGN ASSOCIATES, INC. AGREEMENT <br />