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Reso 2016-2543
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Reso 2016-2543
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Last modified
4/27/2016 4:38:21 PM
Creation date
4/27/2016 4:38:19 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2016-2543
Date (mm/dd/yyyy)
04/21/2016
Description
Agmt w/Shorty’s Bar-B-Q Catering Srvs/SIB 19th Annual Anniversary Event
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1 <br /> City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br /> (305) 947-0606 Phone (305) 949-3113 Fax <br /> insurance coverage to protect the City and Contractor against all loss, claims, damage and <br /> liabilities caused by Contractor, its agents, sub-Contractor s or employees, as indicated below: <br /> ❑ Comprehensive General liability insurance, including broad form contractual <br /> liability coverage for all operations, including, but not limited to, contractual, <br /> products, and completed operations, personal injury and property damage <br /> liability with minimum limits of One Million Dollars ($1,000,000.00) per <br /> occurrence and Two Million Dollars ($2,000,000.00) aggregate. <br /> ❑ Worker's Compensation during the entire term of this agreement in the maximum <br /> amounts required by Florida Law. <br /> ❑ Business Automobile Liability which shall include coverage for all owned, non- <br /> owned and hired vehicles for minimum limits of not less than One Million Dollars <br /> ($1,000,000.00) per occurrence, One Million Dollars ($1,000,000.00) per <br /> accident for bodily injury and Five Hundred Thousand Dollars($500,000.00)per <br /> accident for property damage. <br /> Insurance required of the Contractor shall be primary to, and not contribute with, any insurance <br /> or self-insurance maintained by the City. Such insurance shall not diminish Contractor's <br /> indemnification and obligations hereunder. The insurance policy(ies) shall be issued by <br /> companies authorized to do business under the laws of the State of Florida and acceptable to the <br /> City with a minimum A.M. Best rating of A-Excellent. Before any work under this <br /> Agreement is performed, and at any time upon request, Contractor shall furnish to the <br /> City certificates of insurance evidencing the minimum required coverage and shall be <br /> appropriately endorsed for contractual liability,with the City named as additional insured. <br /> All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall <br /> be in forms and issued by insurance companies acceptable to the City Manager or his designee. <br /> All insurance policies and certificates of insurance shall provide that the policies may not be <br /> canceled or altered without thirty (30) days prior written notice to the City. ANY <br /> EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE <br /> APPROVED IN WRITING BY THE CITY. <br /> 9. REMEDIES FOR BREACH. If Contractor fails, refuses or is unable to perform any <br /> term of this Agreement, City will only pay for Services reasonably performed to the satisfaction <br /> of the City and the City shall receive a refund from the Contractor in an amount equal to the <br /> actual cost of a third party to cure such failure. <br /> 10. GOVERNING LAW AND ATTORNEYS FEES. It is agreed that this Agreement <br /> shall be governed by,construed and enforced in accordance with the laws of the State of Florida. <br /> Venue for any legal proceeding shall be in Miami Dade County, Florida. In the event it becomes <br /> necessary for the City to file a lawsuit to enforce any term or provision under this Agreement <br /> and the City is the prevailing party then the City shall be entitled to its costs and attorney's fees <br /> at the pretrial, trial and appellate levels. <br /> C4342 1516-062 SHORTY'S BBQ,INC Page 4 of 8 S I B <br />
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