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B. Consultant is and shall be at all times during the term of this Agreement an
<br />independent contractor, and not an employee of the City.
<br />C. Consultant acknowledges that it is responsible for the payment of all charges and
<br />taxes applicable to the Services performed under this Agreement and the Consultant agrees to
<br />comply with all applicable laws regarding the reporting of income, maintenance of insurance and
<br />records, and all other requirements and obligations imposed as a result of the Consultant's status
<br />as an independent contractor.
<br />D. Consultant shall provide at its sole expenses all materials, office space, and other
<br />necessities to perform its duties under this Agreement, unless otherwise specified in writing.
<br />E. This Agreement shall be for the sole benefit of the parties hereto, and nothing
<br />contained herein shall create a contractual relationship with, or create a cause of action in favor
<br />of, a third party against either party hereto.
<br />10. COMPLIANCE WITH LAW: Consultant shall comply with all laws, regulations and
<br />ordinances of any federal, state, or local governmental authority having jurisdiction with respect
<br />to this Agreement ( "Applicable Laws ") and shall obtain and maintain any and all material
<br />permits, licenses, approvals and consents necessary for the lawful conduct of the activities
<br />contemplated under this Agreement.
<br />Specifically, Consultant shall comply with all applicable conflict of interest provisions as
<br />provided in state statutes, Miami -Dade County Code and the Code of the City of Sunny Isles
<br />Beach (Section 62 -16 entitled "Ethics in Public Contracting "). As provided in Section 62 -16,
<br />Code of the City of Sunny Isles Beach, the City Commission may terminate this Contract for
<br />violation of the above - referenced ethical standards.
<br />11. INDEMNIFICATION AND WAIVER OF LIABILITY:
<br />A. The Consultant agrees, to the fullest extent permitted by law, to defend,
<br />indemnify and hold harmless the City, its agents, representatives, officers, directors, officials and
<br />employees from and against claims, damages, losses and expenses (including but not limited to
<br />attorney's fees, arbitration costs, and costs of appellate proceedings) relating to, arising out of or
<br />resulting from any acts, errors, mistakes or omissions of Consultant, or any of its officers,
<br />employees, servants, agents or subcontractors, in the performance of Consultant's obligations
<br />under this Agreement.
<br />B. The Consultant's duty to defend, hold harmless and indemnify the City, its agents,
<br />representatives, officers, directors, officials and employees shall arise in connection with any
<br />claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or
<br />injury to impairment, or destruction of tangible property including loss of use resulting
<br />therefrom, caused by any acts, errors, mistakes or omissions related to Consultant's
<br />performance of its obligations under this Agreement including those of its officers, employees,
<br />servants, agents or subcontractors, or any other person for whose acts, errors, mistakes or
<br />omissions the Consultant may be legally liable.
<br />C1011 -041 DCI Public Relations Agreement
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