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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 />D. Business Automobile Liability which shall include coverage for all owned, non - <br />owned and hired vehicles for minimum limits of a combined single limit of not less <br />than $1,000,000 per accident. <br />Insurance required of the Consultant shall be primary to, and not contribute with, any insurance or <br />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 performed, <br />and at any time upon request, Consultant shall furnish to the City certificates of insurance <br />evidencing the minimum required coverage and shall be appropriately endorsed for contractual <br />liability, with the City named as additional insured. All policies shall contain a waiver of <br />subrogation endorsement. All policies and certificates shall be in forms and issued by insurance <br />companies acceptable to the City Manager or his designee. All insurance policies and certificates <br />of insurance shall provide that the policies may not be canceled or altered without thirty (30) days <br />prior written notice to the City. Consultant shall also require and ensure that each of its sub- <br />contractors providing services hereunder (if any) procures and maintains, until the completion of <br />the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO <br />THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN <br />WRITING BY THE CITY. <br />7. 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 />B. In the event of termination, all finished and unfinished documents, data and other <br />work product prepared by Consultant shall be delivered to the City and the City <br />shall compensate the Consultant for all Services satisfactorily performed prior to <br />the date of termination. <br />C. Notwithstanding the foregoing, the Consultant shall not be relieved of liability to <br />the City for damages sustained by it by virtue of a breach of the Agreement by <br />Consultant and the City may reasonably withhold payment to Consultant for the <br />purposes of set-off until such time as the exact amount of damages due the City <br />from the Consultant is determined. <br />COMPLETE CITIES PLANNING GROUP, LLC 4 <br />