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<br />City of Sunny Isles Beach
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<br />18070 Collins Avenue, Sunny Isles Beach, Florida 33160
<br />(305) 947-0606 phone (305) 949-3113 Fax
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<br />appropriately endorsed for contractual liability, with the City named as additional insured. All
<br />policies shall contain a waiver of subrogation endorsement. All policies and celtificates shall be in
<br />forms and issued by insurance companies acceptable to the City's Risk Management Department. All
<br />insurance policies and celtificates of insurance shall provide that the policies may not be canceled or
<br />altered without thirty (30) days prior written notice to the City. The City reserves the right from time to
<br />time to change the insurance coverage and limits of liability required to be maintained by Consultant
<br />hereunder.
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<br />Consultant shall also require and ensure that each of its sub-Contractors providing services
<br />hereunder (if any) procures and maintains, until the completion of the services, insurance of the types
<br />and to the limits specified herein.
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<br />ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION
<br />MUST BE APPROVED IN WRITING BY THE CITY.
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<br />9. OWNERSHIP OF DOCUMENTS AND EOUIPMENT. All documents prepared by the
<br />Consultant pursuant to this agreement and related services to this agreement are intended and
<br />represented for the ownership of the City only. Any other use by Consultant or other parties shall be
<br />approved in writing by the City.
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<br />Consultant shall deliver to the City for approval and acceptance, and before being eligible for
<br />final payment or any amounts due, all documents and materials prepared by, and for, the City under this
<br />Agreement.
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<br />All oral and written information not in the public domain or not previously koown, and all
<br />information and data obtained, developed or supplied by the City, or at its expense, will be kept
<br />confidential by the Consultant and will not be disclosed to any other party, directly or indirectly, without
<br />the City's prior written consent, unless required by a lawful order. All drawings, maps, sketches,
<br />programs, data base, reports and other data developed or purchased under this Agreement for, or at the
<br />City's expense, shall be and remain the City's property and may be reproduced and reused at the
<br />discretion of the City.
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<br />The City and Consultant shall comply with the provisions of Chapter 119, Florida Statutes
<br />(Public Records Law).
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<br />All covenants, agreements, representations and wananties made herein, or otherwise made in
<br />writing by any party pursuant hereto, including, but not limited to, any representations made herein
<br />relating to disclosure or ownership of documents, shall survive the execution and delivery of this
<br />Agreement and the consummation of the transactions contemplated hereby.
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<br />10. INDEMNIFICATION. Consultant agrees to indemnify and hold harmless, the City, its
<br />officers, agents, and employees from, and against any and all claims, actions, liabilities, losses and
<br />expenses including, but not limited to, attorney's fees for personal, economic or bodily injUlY, wrongful
<br />death, loss of or damage to property, at law or in equity, which may arise or may be alleged to have
<br />risen from the negligent acts, enors, omissions or other wrongful conduct of the Consultant, agents or
<br />other personal entity acting under Consultant's control in connection with the Consultant's perfOlmance
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<br />C0506.073 - Professional Services Agreement with The Mercer Group, Inc.
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