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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 />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 Manager or his designee.
<br />All insurance policies and certificates of insurance shall provide that the policies may not be
<br />canceled or altered without thirty (30) days prior written notice to the City Manager or his
<br />designee. Contractor shall also require and ensure that each of its sub-Contractor(s) providing
<br />services hereunder (if any) procures and maintains, until the completion of the services,
<br />insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE
<br />INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN
<br />WRITING BY THE CITY.
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<br />7. INDEMNIFICATION AND WAIVER OF LIABILITY. The Contractor agrees, to
<br />the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents,
<br />representatives, officers, directors, officials and employees from and against claims, damages,
<br />losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of
<br />appellate proceedings) relating to, arising out of or resulting from the Contractor's negligent acts,
<br />errors, mistakes or omissions relating to professional ServicesIWork performed under this
<br />Agreement. The Contractor's duty to defend, hold harmless and indemnify the City, its agents,
<br />representatives, officers, directors, officials and employees shall arise in connection with any
<br />claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or
<br />injury to impairment, or destruction of tangible property including loss of use resulting
<br />therefrom, caused by any negligent acts, errors, mistakes or omissions related to professional
<br />ServicesIWork undertaken in the performance of this Agreement, including any person for
<br />whose acts, errors, mistakes or omissions the Contractor may be legally liable. The parties
<br />agree that TEN DOLLARS ($10.00) represents specific consideration to the Contractor for the
<br />indemnification set forth in this Agreement.
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<br />8. TERMINATION AND REMEDIES FOR BREACH.
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<br />a. If, through any cause within reasonable control, the Contractor shall fail to fulfill
<br />in a timely manner or otherwise violate any of the covenants, agreements or
<br />stipulations material to this Agreement, the City shall have the right to terminate
<br />the Work then remaining to be performed. Prior to the exercise of its option to
<br />terminate for cause, the City shall notify the Contractor of its violation of the
<br />particular terms of the Agreement and grant Contractor ten (10) days to cure such
<br />default. If the default remains uncured after ten (10) days the City may terminate
<br />this Agreement, and the City shall receive a refund from the Contractor in an
<br />amount equal to the actual cost of a third party to cure such failure. If Contractor
<br />fails, refuses, or is unable to perform any term of this Agreement, City shall pay
<br />for services rendered as of the date of termination.
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<br />CIOII-032 AGREEMENT
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