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<br />City, No such additional work shall be done, or paid for, without the specific prior written <br />approval of the City, <br /> <br />4, Availability of Funds. The obligations of The City of Sunny Isles Beach under this <br />Agreement are subject to the availability of funds lawfully appropriated for its purpose by the <br />State of Florida and the City Commission, <br /> <br />5. Undisclosed Conditions. In the event that undisclosed conditions are discovered <br />during the performance of this Agreement, the City shall have the right to cancel this Agreement <br />upon thirty (30) days written notice to contractor. Upon termination, the City may bid the <br />project if the contractor fails to perform under this Agreement due to the undisclosed conditions. <br /> <br />6. Insurance. Contractor shall, at its sole cost and expense, during the period of any <br />work being performed under this Agreement, procure and maintain the following minimum <br />insurance coverage to protect the City and Contractor against all loss, claims, damage and <br />liabilities caused by Contractor, its agents, contractors or employees, as more particularly set <br />forth below: <br /> <br />a. Errors and Omissions Coverage in the amount of $500,000. <br /> <br />Insurance required of the Contractor shall be primary to, and not contribute with, any <br />insurance or self-insurance maintained by the City. <br /> <br />Such insurance shall not diminish Contractor's indemnification and obligations <br />hereunder. The insurance policy(ies) shall be issued by companies authorized to do business <br />under the laws of the State of Florida and acceptable to the City, Before any work under this <br />Agreement is performed, and at any time upon request, Contractor shall furnish to the <br />City certificates of insurance evidencing the minimum required coverage and shall be <br />appropriately endorsed for contractual liability, with the City named as additional insured. <br />All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall <br />be in forms and issued by insurance companies acceptable to the City's Risk Management <br />Department. All insurance policies and certificates of insurance shall provide that the policies <br />may not be canceled or altered without thirty (30) days prior written notice to the City. The City <br />reserves the right from time to time to change the insurance coverage and limits of liability <br />required to be maintained by Contractor hereunder. <br /> <br />Contractor shall also require and ensure that each of its subcontractors providing services <br />hereunder (if any) procures and maintains, until the completion of the services, insurance of the <br />types and to the limits specified herein. <br /> <br />ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION <br />MUST BE APPROVED IN WRITING BY THE CITY, <br /> <br />Compliance with these insurance requirements shall not relieve or limit the Contractor's <br />liability and obligations under this contract. <br /> <br />City of Sunny Isles Beach 17070 Collins A venue, Suite 250, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br /> <br />Altius Service Contract <br />Attorneyl Agreementsl CH <br /> <br />Page 2 of5 <br />