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Reso 2008-1323
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Reso 2008-1323
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Last modified
7/1/2010 9:42:53 AM
Creation date
4/23/2009 2:32:52 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2008-1323
Date (mm/dd/yyyy)
09/18/2008
Description
Award RFP 08-07-01 & Agmt w/Ashbritt, Inc. for Emergency Debris Disposal
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<br />~ <br /> <br />including, but not limited to, attorney's fees for personal, economic or bodily injury, wrongful death, loss of or <br />damage to property, at law or in equity, which may arise or may be alleged to have risen from the negligent <br />acts, errors, omissions or other wrongful conduct of the Contractor, agents or other personal entity acting <br />under Contractor's control in connection with the Contractor's performance of Services pursuant to that <br />Agreement and to that extent the Contractor shall pay such claims and losses and shall pay all such costs <br />and judgments which may issue from any lawsuit arising from such claims and losses including wrongful <br />termination or allegations of discrimination or harassment, and shall pay all costs and attorneys' fees <br />expended by the City in defense of such claims and losses including appeals. The parties agree that ten <br />percent (10%) of the total compensation is a specific consideration from the City to the Contractor for this <br />indemnity. Contractor shall, at its own sole cost and expense, during the period of any work being performed <br />under this Agreement, procure and maintain the following minimum insurance coverage to protect the City <br />and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, Contractor's <br />or employees, as more particularly set forth below: <br /> <br />General liability insurance, including broad form contractual liability coverage for all operations, <br />including but not limited to, contractual, products, and completed operations, personal injury and <br />property damage liability with minimum limits of Five Million Dollars ($5,000,000) combined single <br />limit occurrence. <br /> <br />Worker's compensation insurance at the statutory amount to apply for all employees in compliance <br />with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In <br />addition, the policy(ies) must include: Employers' Liability at the statutory coverage amount. The <br />Contractor shall further insure that all of its Sub- Contractors maintain appropriate levels of <br />worker's compensation insurance. <br /> <br />Business Automobile Liability which shall include coverage for all owned, non-owned and hired <br />vehicles for minimum limits of not less than One Million Dollars ($1,000,000) per occurrence <br />combined single limit for Bodily Injury Liability and Property Damage Liability. <br /> <br />Such insurance shall not diminish Contractor's indemnification obligations hereunder. The insurance policy <br />shall be issued by such company, in such forms and with such limits of liability and deductibles as are <br />acceptable to the City and shall be endorsed to be primary over any insurance, which the City may maintain. <br />Prior to the execution of this Agreement, and at any time upon request, Contractor shall furnish to the City <br />certificates of insurance evidencing the minimum required coverage and appropriately endorsed for <br />contractual liability with the City named as an additional insured. All policies shall contain a waiver of <br />subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies <br />acceptable to the City's Risk Management Department. All insurance policies and certificates of insurance <br />shall provide that the policies may not be canceled or altered without thirty (30) calendar days prior to <br />written notice to the City's Risk Management Department. The City reserves the right from time to time to <br />change the insurance coverage and limits of liability required to be maintained by Contractor hereunder. <br /> <br />1.11. TERMINATION. <br />If, through any cause within reasonable control, the Contractor shall fail to fulfill in a timely manner or <br />otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall <br />have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to <br />terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the <br />Agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured after ten <br />(10) days the City may terminate this Agreement. In the event of termination, all finished and unfinished <br />documents, data and other work product prepared by Contractor (and sub Contractor(s)) shall be delivered <br />to the City and the City shall compensate the Contractor for all Services satisfactorily performed prior to the <br />date of termination, as provided in Paragraph 1.4 herein. Notwithstanding the foregoing, the Contractor shall <br /> <br />C0708-099 Ashbritt Agreement <br /> <br />Page 3 of6 <br /> <br />'\ I ." <br />" I <br />v' <br />
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