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o Umbrella/Excess Liability coverage in addition to the foregoing limits that when combined with the foregoing limits providc total coverage of at least Five Million Dollars (5)5,000,000). Insurance rcquired of the Contractor shall be primary to, and not contribute with, any insurance or sclf-insurance maintained by the City Such insurance shall not diminish Contractors indemnification obligations hereunder. The insurance policy shall be issued by such company, in such fOllns and with such limits of liability and deductibles as are acceptable to the City with a minimum Best rating of A-Excellent, and shall be endorsed to be primary over any insurancc, which the City may maintain. Prior to the execution of this Agreement, and at any time upon requcst, Contractor shall fUl11ish to the City certificates of insurance evidencing the minimum required coverage and appropriately endorsed for contractual liability with the City named as an additional insured. All policies shall contain a waiver of subrogation endorsemcnt. All policies and celiificates shall be in forms and issued by insurance companies acceptable to the City's Risk Management Department. All insurance policies and celiificates of insurance shall provide that the policies may not be canceled or altered without thiliy (30) calendar days prior written notice to the City's Risk Management Depmiment. The City reserves thc right from time to time to change the insurance coverage and limits of liability required to be maintained by Contractor hereunder. 6. OWNERSHIP OF DOCUMENTS: The parties agrce that all documentation and work product produced pursuant to this Agreement shall become the exclusive property of the City. 7. INDEPENDENT CONTRACTOR RELATIONSHIP: It is understood and agreed that nothing contained in this Agreement shall be deemed to create a partnership, joint venture, other association, or an employcr/cmployee relationship between the Contractor and the City. Contractor shall be in the relation of an independent contractor and is to have entire charge, control and supervision of the work to be performed hereunder. 8. COMPLIANCE WITH LAW: Contractor shall comply with all laws, regulations and ordinances of any federal, state, or local govel11mental authority having jurisdiction with respect to this Agrecment (Applicable Laws) and shall obtain and maintain any and all material pel111its, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. Specifically, Contractors shall comply with all applicable cont1ict of interest provisions as provided in state statutes, Miami-Dade County Code and the Code of the City of Sunny Isles (Section 62- 16 entitled "Ethics in Public Contracting." As provided in Section 62-16, Code of thc City of Sunny Isles, the City Commission may terminate this Contract for violation of the above-referenced ethical standards. 9. WAIVER OF LIABILITY/INDEMNITY: The City shall not in any way be answerable or accountable for any violations of applicable laws or for any injury, loss or damage arising from the negligence or omission of Contractor or anyone of its employees, contractors or agents. Contractor hereby agrees to indemnify, defend and hold harmless the City, its depatiments and divisions, its employees and agents from and against any claim, loss, damage, liability, cost or expense, including attol11eys' fees, arising out of (i) the perfonnance or breach by the Contractor of its obligations under this Agreement, (ii) Contractor's negligcnt perf0l111anCe (or by any person acting for the Contractor or for whom Contractor is responsible). Contractor hereby ilTevocably waives any right and agrees not to file any mcchanic's or materialman's lien against the interest of the owner of the property. Southeast Mechanical Contractors 3 SiB