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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 />7. EXEMPT CHARGES: City vehicles up to and including 3 (three) ton trucks shall be <br />towed or serviced at no charge anywhere within Miami -Dade County, Broward County, and <br />Palm Beach County. The City will not be charged for any scrap or derelict vehicles disposed of <br />by the Contractor. Towing or servicing of City vehicles over 3 (three) tons shall be at the <br />contract rates specified herein. Calls for towing City vehicles and buses shall be responded to <br />within thirty (30) minutes and subject to the performance fee provided for herein. <br />8. TERM: Subject to the City's ability to terminate the Agreement in accordance with <br />Section 9 hereunder, the term of this Agreement shall begin upon execution of this Agreement by <br />both Parties and shall remain in effect for a five (5) year term. There are no renewal terms. <br />The terms of Sections 16 and 22 entitled "Indemnification and Waiver of Liability," and <br />"Compliance with Law," respectively, shall survive termination of this Agreement. <br />9. TERMINATION: <br />A. Termination for Cause. If, through any cause within 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. <br />In the event of termination, all finished and unfinished documents, data and <br />other work product prepared by Contractor (and subcontractor(s)) shall be <br />delivered to the City. <br />2. Notwithstanding the foregoing, the Contractor 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 Contractor. <br />B. Termination for Convenience of City. The City may, for its convenience and <br />without cause, immediately terminate the Services then remaining to be performed <br />at any time by giving Contractor ten (10) days written notice. Upon receipt of the <br />notice of termination for convenience, Contractor shall promptly discontinue all <br />work and to the extent indicated on the notice of termination, shall terminate all <br />outstanding subcontracts and purchase orders as they relate to the terminated <br />portions of the Agreement, shall refrain from placing further orders and/or <br />contracting with subcontractors, and shall complete any continued portions of the <br />Services. If the City terminates for convenience pursuant to this Section, the terms <br />of Section 9(A)(i) and 9(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 Contractor is placed either in <br />voluntary or involuntary bankruptcy or makes any assignment for the benefit of <br />creditors. <br />2023-6706 Prestige Auto Transport Towing & Recovery, Inc. <br />