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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947 -0606 phone (305) 949 -3113 Fax <br />❑ Worker's Compensation and employer's liability coverage, as required pursuant <br />to Florida law. <br />❑ Business Automobile Liability which shall include coverage for all owned, non - <br />owned and hired vehicles for minimum limits of not less than One Million Dollars <br />($1,000,000) per occurrence, One Million Dollars (SI,000,000) per accident for <br />bodily injury and Five Hundred Thousand Dollars ($500,000) per accident for <br />property damage. <br />Insurance required of the Consultant shall be primary to, and not contribute with, any insurance <br />or self - insurance maintained by the City. Such insurance shall not diminish Consultant's <br />indemnification and obligations hereunder. The insurance policy shall be issued by companies <br />authorized to do business under the laws of the State of Florida and acceptable to the City with a <br />minimum A.M. Best rating of A- Excellent. Before any work under this Agreement is <br />performed, and at any time upon request, Consultant shall furnish to the City certificates <br />of insurance evidencing the minimum required coverage and shall be appropriately <br />endorsed for contractual liability, with the City named as additional insured. All policies <br />shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms <br />and issued by insurance companies acceptable to the City Manager or his designee. All <br />insurance policies and certificates of insurance shall provide that the policies may not be <br />canceled or altered without thirty (30) days prior written notice to the City. The City reserves the <br />right from time to time to change the insurance coverage and limits of liability required to be <br />maintained by Consultant hereunder. Consultant shall also require and ensure that each of its <br />sub- contractors providing services hereunder (if any) procures and maintains, until the <br />completion of the services, insurance of the types and to the limits specified herein. <br />ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION <br />MUST BE APPROVED IN WRITING BY THE CITY. <br />8. TERMINATION AND REMEDIES FOR BREACH. <br />A. If, through any cause within reasonable control, the Consultant shall fail to fulfill <br />in a timely manner or otherwise violate any of the covenants, agreements or <br />stipulations material to this Agreement, the City shall have the right to terminate <br />the Services then remaining to be performed. Prior to the exercise of its option to <br />terminate for cause, the City shall notify the Consultant of its violation of the <br />particular terms of the Agreement and grant Consultant ten (10) days to cure such <br />default. If the default remains uncured after ten (10) days the City may terminate <br />this Agreement, and the City shall receive a refund from the Consultant in an <br />amount equal to the actual cost of a third party to cure such failure. If Consultant <br />fails, refuses or is unable to perform any term of this Agreement, City shall pay for <br />services rendered as of the date of termination. <br />4 <br />C1314 -014 CRAIG A. SMITH & ASSOCIATES <br />