|
ARTICLE 11. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor 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 Contractor an
<br />employee, partner, agent, shareholder, officer or in any other capacity other than as an independent
<br />contractor other than those obligations which have been or shall have been undertaken by the City.
<br />Contractor shall be responsible for any and all of its own expenses in performing its duties as
<br />contemplated under this Agreement. The City shall not be responsible for any expense incurred by the
<br />Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security
<br />services and that such obligations shall be that of the Contractor, other than those set forth in this
<br />Agreement. Contractor shall furnish its own transportation, office and other supplies as it determines
<br />necessary in carrying out its duties under this Agreement.
<br />ARTICLE 12. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the
<br />Contractor pursuant to this Agreement and related Services to this Agreement are intended and
<br />represented for the ownership of the City only. Any other use by Contractor or other parties shall be
<br />approved in writing by the City. If requested, Contractor shall deliver the documents to the City within
<br />fifteen (15) calendar days.
<br />ARTICLE 13. DUTY TO INDEMNIFY, DEFEND AND HOLD HARMLESS. Contractor agrees to
<br />indemnify and hold harmless, the City, its officers, agents, and employees from, and against, any and all
<br />claims, actions, liabilities, losses and expenses including, but not limited to, attorney's fees for personal,
<br />economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may
<br />arise or may be alleged to have risen from the negligent acts, errors, omissions or other wrongful
<br />conduct of the Contractor, agents or other personal entity acting under Contractor's control in connection
<br />with the Contractor's performance of Services pursuant to that Agreement and to that extent the
<br />Contractor shall pay such claims and losses and shall pay all such costs and judgments which may issue
<br />from any lawsuit arising from such claims and losses including wrongful termination or allegations of
<br />discrimination or harassment, and shall pay all costs and attorneys' fees expended by the City in defense
<br />of such claims and losses including appeals. The parties agree that ten percent (10 %) of the total
<br />compensation is a specific consideration from the City to the Contractor for this indemnity.
<br />ARTICLE 14. INSURANCE. Contractor shall, at its own sole cost and expense, during the period of
<br />any work being performed under this Agreement, procure and maintain the following minimum insurance
<br />coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by
<br />Contractor, its agents, Contractor's or employees, as more particularly set forth below:
<br />General liability insurance, including broad form contractual liability
<br />coverage for all operations, including but not limited to, contractual,
<br />products, and completed operations, personal injury and property
<br />damage liability with minimum limits of Two Million Dollars ($2,000,000)
<br />combined single limit occurrence.
<br />Worker's compensation insurance at the statutory amount to apply for all
<br />employees in compliance with the "Workers' Compensation Law" of the
<br />State of Florida and all applicable federal laws. In addition, the
<br />policy(ies) must include: Employers' Liability at the statutory coverage
<br />amount. The Contractor shall further insure that all of its Sub -
<br />Contractors maintain appropriate levels of worker's compensation
<br />insurance.
<br />Business Automobile Liability which shall include coverage for all owned,
<br />non -owned and hired vehicles for minimum limits of not less than One
<br />Million Dollars ($1,000,000) per occurrence combined single limit for
<br />Bodily Injury Liability and Property Damage Liability.
<br />PAGE 92 OF 105
<br />PROPOSAL NO.
<br />
|