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DacuSign Envelope ID: 9BEC03D2-452C-4728-AC18-D967CC8990EB City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax o Professional i..iability Insurance, with a minimum limit of not less than One Million•Dallars ($1,000,000.00) per claim and aggregate for errors and/or otnissions of Contractor in the performance of this Agreement tnsurance required of the Contractor shall be primary to, and not contribute with, any insurance or self insurance maintained by the City. Such insurance shall not diminish Contractor's indemnification and obligations hereunder. The insurance policy 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, hest rating of A -.Excellent. Before any work unddr this Agreement is performed, and at any time upon request, Contractor shall furnish to the 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 and certificates shall be in forms and issued by insurance companies acceptable to the City Manager or his designeg. 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. Contractor shall also require and ensure that each of its sub -Contractors providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to -the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE RI;QUIREMEIITS IN THIS SECTION MUST BE APPROVED IN W RITINC BY THE CITY. 8 JURIS1pICT ON VENUE AND WAIVER'ti SURY �,yTtIAL. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All parties agree and accept that jurisdiction of any dispute or controversy arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. in the event it becomes necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS F ITHER PARTY MAY HAVE TO A TRIAL BY JUICY OF ANY CiVIL LITIGATION Rl'JLATFD TO THIS AGREEMENT. Nothing in this Agreement is intended to serve as a waiver of, sovereign immunity, or of any other immunity, defense, or privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes. . 9. - NOTICES, -All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or rc;istered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (Iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mall, first class postage prepaid, return receipt requested or by over nigltI.delivery by traditionally recognized courier service), addressed to such party as follows: KranO inenr9mcd 4