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City of Sunny Isles Beach <br /> <br />18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br /> <br />Contractor. Contractor shall at all time enforce strict and good order among Contractor's <br />employees and shall not employ any unfit persons or anyone not skilled in the tasks necessary to <br />perform the Services. Contractor shall act as or employ a competent supervisor who shall <br />regular! y visit the sites located at 16050 and 16100 Collins Avenue and shall regularl y <br />communicate with the City Manager or his designee during the progress of the Services. <br /> <br />16. INSPECTION. Contractor shall permit regular inspections by the City and other <br />appropriate officials in order to confirm that the Services are being conducted in accordance with <br />the terms and conditions of this Agreement and that the Services are satisfactorily completed. <br /> <br />17. INDEMNIFICATION. Contractor agrees to indemnify, defend and hold harmless, the <br />City, its officers, agents, and employees from, and against any and all claims, actions, liabilities, <br />losses and expenses including, but not limited to, attorney's fees for personal, economic or <br />bodily injury, wrongful death, sickness, disease, or loss of or damage to property, at law or in <br />equity, which may arise or may be alleged to have arisen from the acts, errors, omissions or other <br />wrongful conduct of the Contractor in connection with the performance of Services under this <br />Agreement, whether such acts, errors, omissions or other wrongful conduct be by the Contractor, <br />or any of the Contractor's subcontractors, agents, employees, suppliers or any other personnel <br />entity acting under Contractor's control, and to that extent, the Contractor shall pay such claims <br />and losses and shall pay all such costs and judgments which may issue from any lawsuit arising <br />from such claims and losses and shall pay all costs and attorneys' fees expended by the City in <br />defense of such claims and losses including appeals. The parties agree that ten percent (10%) of <br />the total compensation is a specific consideration from the City to the Contractor for this <br />indemnity. <br /> <br />18. TERMINATION. <br /> <br />a. Termination for Default. If, through any cause within the reasonable control the <br />Contractor shall fail to fulfill in a timely manner or otherwise violate any of the <br />covenants, agreements or stipulations material to this Agreement, the City shall <br />have the right to terminate the Services then remaining to be performed. Prior to <br />the exercise of its option to terminate for cause, the City shall notify the Contractor <br />of its violation of the particular terms of the Agreement and grant Contractor ten <br />(10) days to cure such default. If the default remains uncured after ten (10) days <br />the City may terminate this agreement. <br /> <br />1. In the event of termination, all finished and unfinished documents, <br />data and other work product prepared by Contractor (and sub- <br />Contractor[sD shall be delivered to the City and the City shall <br />compensate the Contractor for all services satisfactorily performed <br />prior to the date of termination. <br /> <br />C 1 0 11-067 THE BG GROUP. LLC. AGREEMENT <br /> <br />Page 7 of 13 <br /> <br />SIb <br />