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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax event of an event constituting Force Majeure as detailed below: A. If Instructor is unable to perform as required by this Agreement due to Acts of God or severe illness, Instructor shall be relieved of any responsibility to the City except Instructor shall provide suitable replacements and the City shall only pay the replacement an amount approved by the Cultural and Community Services Director. B. Similarly, if the class is prevented by governmental regulation or order, or other calamity such as fire, earthquake, hurricane, or similar Acts of God, the City shall be relieved of any responsibility for payment of the scheduled class. 6. INSURANCE REOUIREMENTS Instructor shall, at its sole cost and expense, during the period of any Services being performed under this Agreement, procure and maintain the following minimum insurance coverages to protect the City and Instructor against all loss, claims, damages, and liabilities caused by Instructor, his or her agents, or employees, as indicated below: A. Comprehensive General Liability Insurance, including broad form contractual liability coverage for all operations, including, but not limited to, contractual, products, and completed operations, personal injury and property damage liability with minimum limits of One Million Dollars ($1,000,000) per occurrence. B. Worker's Compensation, as required by the State of Florida Employer's Liability. Insurance required of Instructor shall be primary to, and not contribute with, any insurance or self-insurance maintained by the City. Such insurance shall not diminish Instructor's indemnification and obligations hereunder. The insurance policy(ies) shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a minimum A.M. Best rating of A -Excellent. BEFORE ANY WORK UNDER THIS AGREEMENT IS PERFORMED, AND AT ANY TIME UPON REQUEST, INSTRUCTOR SHALL FURNISH TO CITY CERTIFICATES OF INSURANCE EVIDENCING THE MINIMUM REQUIRED COVERAGE AND SHALL BE APPROPRIATELY ENDORSED FOR CONTRACTUAL LIABILITY, WITH THE CITY NAMED AS ADDITIONAL INSURED. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City Manager or his designee. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. The City reserves the right from time to time to change the insurance coverage and limits of liability required to be maintained by Instructor hereunder. Instructor shall also require and ensure that each of its sub -contractors providing services hereunder (if any) procures and INSTRUCTOR AGREEMENT — REV. 7/24 Page 3 of 15