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Y pp <br />t <br />� LE,S CITY OF SUNNY ISLES BEACH <br />fi 18070 Collins Ave. I Sunny Isles Beach, FL 33160 <br />305.792.1707 1 sibfl.net I Purchasing@sibfl.net .. r <br />Contractor shall ensure that all of Contractor's subcontractors perform in accordance with the <br />terms and conditions of this Contract. Contractor shall be fully responsible for all of Contractor's <br />subcontractors' performance, and liable shall be for any of Contractor's subcontractors' non- <br />performance and all of Contractor's subcontractors' acts and omissions. Contractor shall defend, <br />at Contractor's expense, counsel being subject to the City's approval or disapproval, and <br />indemnify and hold harmless the City and the City's officers, employees, and agents from and <br />against any claim, lawsuit, third -party action, or judgment, including any award of attorney fees <br />and any award of costs, by or in favor of any Contractor's subcontractors for payment for work <br />performed for the City. <br />A copy of the proposers' and Subcontractors' Licenses shall be enclosed with each proposal. <br />2.15 EVENT OF DEFAULT <br />An Event of Default shall mean a breach of the Agreement by the Contractor. Without limiting <br />the generality of the foregoing and in addition to those instances referred to herein as a breach, <br />an Event of Default, shall include the following: <br />1. The Contractor has not repeatedly delivered service on a timely basis; <br />2. The Contractor has refused or failed, except in any case for which an extension of time is <br />provided, to supply enough properly skilled staff personnel; <br />3. The Contractor has failed to make prompt payment to subcontractors or suppliers for any <br />Services; <br />4. The Contractor has become insolvent (other than as interdicted by the bankruptcy laws), or <br />has assigned the proceeds received for the benefit of the Contractor's creditors, or the <br />Contractor has taken advantage of any insolvency statute or debtor/creditor law or if the <br />Contractor's affairs have been put in the hands of a receiver; <br />5. The Contractor has failed to obtain the approval of the City where required by the <br />Agreement; <br />6. The Contractor has failed in the representation of any warranties stated herein. <br />2.16 TERMINATION FOR CONVENIENCE <br />This agreement may be terminated immediately by the City without cause upon written notice to <br />the Contractor. In the event of such a termination without cause, the Contractor shall be <br />compensated for all services performed to the City's satisfaction and prior to termination. <br />2.17 DAMAGE TO PUBLIC OR PRIVATE PROPERTY <br />Extreme care shall be taken to safeguard all existing facilities, site amenities, irrigation systems, <br />vehicles, etc. on or around the job site. Damage to public and/or private property shall be the <br />responsibility of the Contractor and shall be repaired and/or replaced at no additional cost to the <br />City. <br />_ err � :�.rlC� . �� _ ► <br />RFP # 23-05-02 14 <br />i <br />76 <br />