Reso 2007-1074 - Laserfiche WebLink

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City of SunllY Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3 113-Fax losses and expenses including, but not limitcd to, attorney's fees for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise ar may be allegcd to have risen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, agents or other personal entity acting under Consultant's control in conncction with the Consultant's perfannance of Scrvices pursuant to that Agreement and to that extent the Consultant shall pay such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses including wrongful termination or allegations of discrimination or harassmcnt, and shall pay all costs and attorneys' fees expended by the City in defense of such claims and losses including appeals. The parties agree that ten percent (10%) of the total compensation is a specific consideration from the City to the Consultant for this indemnity. Consultant shall, at its awn sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Cansultant against all loss, claims, damage and liabilities caused by Consultant, its agents, Consultant's or employees, as more particularly set farth below: General liability insurance, including broad form contractual liability coverage f~or Bodily injury and property damage liability with limits o~Million Dollars (~combined single limit occurrence. One- "'--.... a-I....-., 1- " aDo, 000 Such insurance shall not diminish Consultant's indemnification obligations hercunder. The insurance policy shall be issued by such company, in such forms and with such limits of liability and deductib1es as are acceptable to the City and shall be endorsed to be primary over any insurance, which the City may maintain. Prior to the execution of this Agreement, and at any time upon request, Consultant shall furnish to the City certificates of insurance evidencing the minimum required coverage and appropriately endorsed for contractual liability with the City namcd as an 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's Risk Management Department. All insurance policies and certificates of insurancc shall provide that the policies may not be canceled or altered without thirty (30) calendar days prior to written notice to the City's Risk Management Department. The City reservcs the right from time to time to change the insurance coverage and limits of liability required to be maintained by Consultant hereunder. 9. TERMINATION. A. If, through any cause within reasonable control. the Consultant shall fail to fulfill in a timely manner or otherwise violate any of the covenants. agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Consultant of its violation of the particular terms of the Agreement and grant Consultant ten (10) days to cure such 3 C0607-027 O'Lcary Richards Design Associates, Inc.Consultant Agreement ~ I..; ',:~I II \..... S\B