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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br /> (305) 947-0606 phone (305) 949-3113 Fax <br /> Consultant shall make no other charges to the City for supplies, labor, taxes, licenses, <br /> permits, 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. <br /> Consultant 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 Consultant <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 /> 5. INDEPENDENT CONTRACTOR RELATIONSHIP. The Consultant 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 <br /> Consultant an employee, partner, agent, shareholder, officer or in any other capacity other than <br /> as an independent contractor other than those obligations which have been or shall have been <br /> undertaken by the City. Consultant 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 Consultant. The City shall have no duty to withhold any <br /> Federal income taxes or pay Social Security services and that such obligations shall be that of <br /> the Consultant, other than those set forth in this Agreement. Consultant shall famish its own <br /> transportation, office and other supplies as it determines necessary in carrying out its duties <br /> under this Agreement. <br /> 6. 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 <br /> parties shall be approved in writing by the City. If requested, Consultant shall deliver the <br /> documents to the City within fifteen (I5)calendar days. <br /> 7. 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 or employees, as indicated below: <br /> ❑ 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 <br /> liability with minimum limits of One Million Dollars ($1,000,000) per <br /> occurrence. <br /> ❑ Professional Liability ("Errors and Omissions") insurance with minimum limits <br /> of One Million Dollars($1,000,000.00) per occurrence. <br /> 3 <br /> C1213-011 R 1 BEHAR&CO.,INC. <br />