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Contractor agrees to have a qualified representative to audit and inspect the Services provided on a regular basis to ensure all Services are being performed in accordance with Attachment "A" and Attachment "Boo and shall report to the City accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to the City's property, improvements and persons. Contractor will require its employees to perform their work in a manner befitting the type and scope of work to be performed. In the event that the Contractor fails to complete performance pursuant to the terms of this contract and City must undertake the completion of performance of Services, Contractor agrees to indemnify the City for all costs incurred with respect to the completion of those Services and any damages the City may suffer as a result of the failure of performance by Contractor. 3. COMPENSATION: Payment to Contractor for all charges under this Agreement shall be in accordance with this Agreement and a schedule of charges or tasks reflected in Attachment "B". The total amount of compensation payable by the City to the Contractor shall be an amount not to exceed $117,098.07. The Contractor shall make no other charges to the City for supplies, labor, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. 4. AVAILABILITY OF FUNDS. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. 5. UNDISCLOSED CONDITIONS: In the event that undisclosed conditions are discovered during the performance of this Agreement, the City shall have the right to cancel this Agreement upon ten (10) days written notice to contractor. Upon termination, the City may re-bid the project if the contractor fails to perform under this Agreement due to the undisclosed conditions. 6. INSURANCE: Contractor shall, at its 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 Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, sub-Contractors or employees, as indicated below: o Comprehensive General liability insurance, including broad form contractual liability coverage for all operations, including, but not limited to, contractual, products, and completed operations, personal injury and property damage liability with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate. o Worker's Compensation, as required by law, but with no less than $1,000,000 for Employer's Liability. o Business Automobile Liability which shall include coverage for all owned, non-owned and hired vehicles for minimum limits of not less than One Million Dollars ($1,000,000) per occurrence, One Million Dollars ($1,000,000) per accident for bodily injury and Five Hundred Thousand Dollars ($500,000) per accident for property damage. C0607-112 Superior Park Systems, Inc. Agreement Page 2 1'"i I, ~, \, '~'F