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Reso 2023-3514
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Reso 2023-3514
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Last modified
8/10/2023 9:31:25 PM
Creation date
6/30/2023 4:29:30 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2023-3514
Date (mm/dd/yyyy)
06/15/2023
Description
ITB 23-04-01, Agreements w/ DRC Emergency Servics, LLC & Philips & Jordan, Inc., for debris mgmt & removal services.
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DocuSign Envelope ID: E6E1E814-097B-44C8-BAAF-69FDA8B8354A <br />City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br />indemnification and obligations hereunder. The insurance policy(ies) shall be issued by companies <br />authorized to do business under the laws of the State of Florida and acceptable to the City with a <br />minimum A.M. Best rating of A -Excellent. Before any work under this Agreement is performed, <br />and at any time upon request, Contractor shall furnish to the City certificates of insurance <br />evidencing the minimum required coverage and shall be appropriately endorsed for <br />contractual liability, with the City named as additional insured. All policies shall contain a <br />waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by <br />insurance companies acceptable to the City Manager or his designee. All insurance policies and <br />certificates of insurance shall provide that the policies may not be canceled or altered without thirty <br />(30) days prior written notice to the City. The City reserves the right from time to time to change <br />the insurance coverage and limits of liability required to be maintained by Contractor hereunder. <br />Contractor shall also require and ensure that each of its subcontractors providing services hereunder <br />(if any) procures and maintains, until the completion of the services, insurance of the types and to <br />the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS <br />IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. <br />9. TERMINATION AND REMEDIES FOR BREACH. <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 have <br />the right to terminate the Services then remaining to be performed. <br />1. In the event of termination, all finished and unfinished documents, data and other <br />work product prepared by Contractor (and subcontractor(s)) shall be delivered to <br />the City and the City shall compensate the Contractor for all Services <br />satisfactorily performed prior to the date of termination, as provided in Section 7. <br />2. Notwithstanding the foregoing, the Contractor shall not be relieved of liability to <br />the City for damages sustained by it by virtue of a breach of the Agreement by <br />Contractor and the City may reasonably withhold payment to Contractor for the <br />purposes of set-off until such time as the exact amount of damages due the City <br />from the Contractor is determined. <br />B. Termination for Convenience of City. The City may, for its convenience and without <br />cause, immediately terminate the Services then remaining to be performed at any time <br />by giving Contractor ten (10) days written notice. Upon receipt of the notice of <br />termination for convenience, Contractor shall promptly discontinue all work and to <br />the extent indicated on the notice of termination, shall terminate all outstanding <br />subcontracts and purchase orders as they relate to the terminated portions of the <br />Agreement, shall refrain from placing further orders and/or contracting with <br />subcontractors, and shall complete any continued portions of the Services. If the City <br />terminates for convenience pursuant to this Section, the terms of Section 9(A)(i) and <br />9(A)(ii) above shall be applicable hereunder. <br />Phillips and Jordan, Incorporated Page 6 of 31 <br />
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