Reso 2016-2634 - Laserfiche WebLink

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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax City. At the option of the City, either the Contractor shall eliminate or reduce such deductible or the Contractor shall procure a bond, in a form satisfactory to the City. Insurance required of the Contractor shall be primary to, and not contributory with, any insurance or self-insurance maintained by the City. Such insurance shall not diminish Contractor's indemnification and obligations hereunder. The insurance policy(ies)shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a minimum A.M. Best rating of A-Excellent. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability, with the City named as an additional insured. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City Manager or his designee. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. Contractor shall also require and ensure that each of its sub-Contractor(s) providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 7. TERMINATION AND REMEDIES FOR BREACH. A. If, through any cause within reasonable control, the Contractor 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 Contractor of its violation of the particular terms of the Agreement and grant Contractor seven (7) days to cure such default. If the default remains uncured after seven(7) days the City may terminate this Agreement, and the City shall receive a refund from the Contractor in an amount equal to the return of any deposits paid by City to Contractor, as well as the actual cost of a third party to cure such failure by Contractor. (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor (and sub-Contractor (s) shall be delivered to the City. (ii.) Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold payment to Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. Under no circumstance will the Contractor be entitled to any special, incidental, or consequential damages, including but not limited to payment for the remaining unexpired term of this Agreement following termination with or without cause. SIB C5760-1617-053 -THE CELEBRATION SOURCE. INC. 5