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<br />City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br /> <br />4. Availability of Funds. The obligations of The City of Sunny Isles Beach under this <br />Agreement are subject to the availability of funds lawfully appropriated for its purpose by the State <br />of Florida and/or the City Commission. <br /> <br />5. Undisclosed Conditions. In the event that undisclosed conditions are discovered during <br />the performance of this Agreement, the City shall have the right to cancel this Agreement upon thirty <br />(30) days written notice to contractor. Upon termination, the City may re-bid the project if the <br />contractor fails to perform under this Agreement due to the undisclosed conditions. <br /> <br />6. Coordination Of Services. The City's representative/liaison during the performance of <br />this Agreement shall be James Watts of the Public Works Department, telephone number <br />305/947-0606. Consultant shall not respond to requests for services under this Agreement <br />unless the request is received directly from James Watts or designated personnel. Any requests <br />received from other City departments/divisions shall be referred to the Public Works Department <br />representative designated above. Services performed without authorization by James Watts <br />of the Public Works Department shall be considered unauthorized and shall not be <br />compensated/paid by the City. <br /> <br />7. Insurance. Contractor shall, at its sole cost and expense, during the period of any work <br />being performed under this Agreement, procure and maintain the following minimum insurance <br />coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by <br />Contractor, its agents, contractors or employees, as more particularly set forth below: <br /> <br />a. Worker's Compensation, with no less than $100,000 for Employer's <br />Liability. Said coverage shall include a waiver of subrogation in favor of the <br />City and its agents, employees and officials. <br /> <br />b. General liability insurance, including broad form contractual liability <br />coverage for bodily injury and property damage liability with limits of One <br />Million Dollars ($500,000) Combined Single Limit per occurrence or <br />equivalent. <br /> <br />c. Business Automobile Liability which shall include coverage for all owned, <br />non-owned and hired vehicles for limits of not less than $500,000 per <br />occurrence, Combined Single Limit or its equivalent. <br /> <br />d. Errors and Omission -- Consultant shall carry a $500,000 coverage for errors and <br />omISSIOns. <br /> <br />Insurance required of the Contractor shall be primary to, and not contribute with, any <br />insurance or self-insurance maintained by the City. <br /> <br />Such insurance shall not diminish Contractor's indemnification and obligations <br />hereunder. The insurance policy(ies) shall be issued by companies authorized to do business <br />under the laws of the State of Florida and acceptable to the City. Before any work under this <br /> <br />Page 2 of5 <br /> <br />Civil Works Inc., Service Agreement No. 02-991831 F <br />10/29/2002 - 3:23 PM <br />