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<br />. - <br />(305) 947-0606 phone (305) 949-3113 Fax <br /> <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 consultant <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, 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 Federal <br />income taxes or pay Social Security services and that such obligations shall be that of the <br />Consultant, other than those set forth in this agreement. Consultant 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 />6. 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, contractors or employees, as more particularly set <br />forth below: <br /> <br />a. 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 limits of Five Hundred Thousand and NollOO Dollars ($500,000) combined <br />single limit occurrence. <br /> <br />b. Errors and Omission -- Consultant shall also carry a Five Hundred Thousand and <br />Noll 00 Dollars ($500,000) coverage for errors and omissions. <br /> <br />Insurance required of the Consultant shall be primary to, and not contribute with, any <br />insurance or self-insurance maintained by the City. <br /> <br />Such insurance shall not diminish Consultant's indemnification and obligations <br />hereunder. The insurance policy(ies) shall be issued by companies authorized to do business <br />under the laws of the State of Florida and acceptable to the City. Before any work under this <br />Agreement is performed, and at any time upon request, Consultant shall furnish to the City <br />certificates of insurance evidencing the minimum required coverage and shall be <br />appropriately endorsed for contractual liability, with the City named as additional insured. <br />All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall <br />be in forms and issued by insurance companies acceptable to the City's Risk Management <br />Department. All insurance policies and certificates of insurance shall provide that the policies <br />may not be canceled or altered without thirty (30) days prior written notice to the City. The City <br />reserves the right from time to time to change the insurance coverage and limits of liability <br />required to be maintained by Consultant hereunder. <br /> <br />Page 3 of9 <br /> <br />Landscaping-Irrigation Consulting Agreement O'leary <br />