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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach,Florida 33160 <br />305)947-0606 phone(305)949-3113 Fax <br />minimum A.M. Best rating of A-Excellent. Before any work under this Agreement is <br />performed, and at any time upon request, Consultant shall furnish to the City certificates <br />of insurance evidencing the minimum required coverage and shall be appropriately <br />endorsed for contractual liability, with the City named as additional insured. All policies <br />shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms <br />and issued by insurance companies acceptable to the City Manager or his designee. All insurance <br />policies and certificates of insurance shall provide that the policies may not be canceled or altered <br />without thirty(30)days prior written notice to the City. Consultant shall also require and ensure <br />that each of its sub-Consultants providing services hereunder (if any) procures and maintains, <br />until the completion of the services,insurance of the types and to the limits specified herein. ANY <br />EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE <br />APPROVED IN WRITING BY THE CITY. <br />8. TERMINATION AND REMEDIES FOR BREACH. <br />A. If, through any cause within reasonable control, the Consultant 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 Services then remaining to be performed. Prior to the exercise of its option to <br />terminate for cause, the City shall notify the Consultant of its violation of the <br />particular terms of the Agreement and grant Consultant 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 Consultant in an <br />amount equal to the actual cost of a third party to cure such failure. If Consultant <br />fails,refuses or is unable to perform any term of this Agreement,City shall pay for <br />services rendered as of the date of termination. <br />i.) In the event of termination, all finished and unfinished documents, data and <br />other work product prepared by Consultant shall be delivered to the City and <br />the City shall compensate the Consultant for all Services satisfactorily <br />performed prior to the date of termination,as provided in Paragraph 4 herein. <br />ii.) Notwithstanding the foregoing,the Consultant shall not be relieved of liability <br />to the City for damages sustained by it by virtue of a breach of the Agreement <br />by Consultant and the City may reasonably withhold payment to Consultant <br />for the purposes of set-off until such time as the exact amount of damages due <br />the City from the Consultant is determined. <br />B. Termination for Convenience of City. The City may, for its convenience and <br />without cause terminate the Services then remaining to be performed at any time <br />by giving Consultant ten (10) days written notice. The terms of Paragraph 8 A(i) <br />and A(ii)above shall be applicable hereunder. <br />C. Termination for Insolvency. The City also reserves the right to terminate the <br />remaining Services to be performed in the event the Consultant is placed either in <br />voluntary or involuntary bankruptcy or makes any assignment for the benefit of <br />creditors. <br />4 3 <br />C6335-1617-OO1 SEA DIVERSIFIED,INC.