Reso 2021-3160 - Laserfiche WebLink

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SECTION 13 INDEPENDENT CONTRACTOR 13.1 The Consultant is an independent contractor under this Agreement. Personal services provided by the Consultant shall be by employees or subcontractors of the Consultant who shall be subject to supervision by the Consultant, and who shall not be deemed officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to Services rendered under this Agreement shall be those of the Consultant and not City. SECTION 14 INDEMNIFICATION/HOLD HARMLESS 14.1 To the fullest extent permitted by law, the Consultant agrees to indemnify and hold - harmless the City, its officers and employees from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in performance of this Agreement. This indemnification shall survive the term of this Agreement. 14.2 PURSUANT TO FLORIDA STATUTES §558.0035, A DESIGN PROFESSIONAL EMPLOYED BY CONSULTANT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM NEGLIGENCE OCCURING WITHIN THE SCOPE AND OF PROFESSIONAL SERVICES UNDER THIS AGREEMENT. SECTION 15 INSURANCE 15.1 Consultant agrees to maintain, on a primary non-contributory basis and at its sole expense, at all times during the life of this Agreement, the following insurance coverages, limits, including endorsements described herein. The requirements contained herein, as well as City's review or acceptance of insurance maintained by Consultant is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Consultant under this Agreement. Any coverage maintained by the City shall apply excess of, or contingent upon the absence of, other insurance required or maintained by Consultant. 15.1.1 Comprehensive General Liability: Consultant agrees to maintain Comprehensive General Liability at a limit of liability not less than $1,000,000 each occurrence, $2,000,000 annual aggregate. Coverage shall not contain any restrictive endorsement(s) as filed by the Insurance Services Office, and must include: — Premises and Ongoing Completed Operations – on a primary and noncontributory — basis including waiver of subrogation on behalf of the City of — Sunny Isles Beach. — Independent Contractors — Broad Form Property Damage — Broad Form Contractual Coverage applicable to this specific Contract, — including any hold — Harmless and/or indemnification agreement. — Personal Injury Coverage with Employee and Contractual Exclusions Authorized City Representative's Initials; ei Authorized Consultant Representative's Initial