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QI' of Saran , Isles Beark 18070 Collins AvelltrC, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax authorized to do business under the laws of the Static of Florida and acceptable to the City with a ininitnum A.M. Best rating of A -Excellent. Ref€ire any work under this Agreement is performed. and at any tinge upon request, Consultant sliall furnish Lo the.. City certificates of insurance evidencing the minirrurrn required coverage and shall be appropriately endorsed for contractual liability, with the City named as additional insured. All policies shall contain a waivor of subrogtation endorsement. All policies and certificates shall be in forms and issire€i by insurance companies acceptable to the City Manager or his designee. All insurance pcilic.ies anti Tort ficates Of insurance shall provide tha i ilic policies may not be canceled or altered without thirty ( 0) days prior written notice to the City. Consultant shall also require and e31SLn-e that each of its sub - Consultants providing services here -under (ifzany) procures and maintains, until the completion of the services. insurance of the types and to the limits specified herein. A -NY I XUPTI€ONS TO THE INSURANCE REQUIRE, MEN'll"S IN THIS ',SKCTION MUST BE APPROVED IN WRITING BY THE CITY. 1.1U, TF'.RMINXI'ION ANTI IIE1vIF.IIIES FOR BREACH. A. The CLmsultanL at i-c:s that the upon reocipt ol'thc Notice to Proceed (1ITP) from the City Manager or designee, the primary Consultant will have twelve.(l2) hours to contact the City in response to Lhe NTP and Lwenty-four (24) hours to substantially mobilize of begin performance under the terms of this Agreement_ ['he City reserves the right to pursue secondary C.onsultailt for Services il'purnary Consultant cithur Iails to mobilize or begin performance under the terms of this Agroomcnt. If, through any cause wvithin reasonable control, the CunsLrltant shall fail to fulfill in La timely manner or otherwise violate any of the covettants, acreemems or sripulations material to this Agreement, the City Shall have the right to terminate t11e Services then remaining to be. pc.rIbrined. Prior to the exercise of its option to terminate for cause, the C:ih, shall notifythe C. nsuItant ofits violation of the particular terms of the As and grant CtrnsultanL ten (10) clays to cure such defLauh, If' the dol'ault rcrnains t,ncured after ten (10) days the City may terminate this Agreement, and the City shall receive a refund fi-om the Consultant in an amount equal Ltr the ULual cost of a Lhird party to cure such failure. If Consultant fails, reftises or is unable to perform any term of this .AgreemenL, City Shall pay for service, rendered as cif tlic date of terminatiasn. In the event cif terinination, all linished and unimished doiLImonts; data anal other work product prepared by C otisultant shall be delivered to the City and the City shall compeostate the C onsuhant for all SurviGcs smisfictorily periorincd prior to the date.. of'terrnkiMian, (jjj Notwithstanding the foregoing, the COnsultrtnt yharll not be relioved of'liabil.4y to tlic City for doErlages sustairitd by it by virtue o f a h,reach of the Agreement by Ctirlsultant and the City may rcasonably withhold payment to Consultant for the purposes of set-off until such time as the: exact aMOLUlt of damages duo the C'it), front tltc CottsuItant is determined. 6617-096 Trl7A1. BA' IN, GVT. t OMSt1il'ING LI.C:.