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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 /> U 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) per occurrence. <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 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 contractual <br /> liability, with the City named as additional insured. All policies shall contain a waiver of <br /> subrogation endorsement. All policies and certificates shall be in forms and issued by insurance <br /> companies acceptable to the City Manager or his designee. All insurance policies and certificates <br /> of insurance shall provide that the policies may not be canceled or altered without thirty(30)days <br /> prior written notice to the City. Contractor shall also require and ensure that each of its sub- <br /> Contractors providing services hereunder(if any)procures and maintains, until the completion of <br /> the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO <br /> THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN <br /> WRITING BY THE CITY. <br /> 1.11. TERMINATION AND REMEDIES FOR BREACH. <br /> A. The Contractor agrees that the upon receipt of the Notice to Proceed (NTP) from <br /> the City Manager or designee, the primary Contractor will have twelve (12) hours <br /> to contact the City in response to the NTP and twenty-four (24) hours to <br /> substantially mobilize or begin performance under the terms of this Agreement. <br /> The City reserves the right to pursue secondary Contractor for Services if primary <br /> Contractor either fails to mobilize or begin performance under the terms of this <br /> Agreement. If, through any cause within reasonable control, the Contractor shall <br /> fail to fulfill in a timely manner or otherwise violate any of the covenants, <br /> agreements or stipulations material to this Agreement, the City shall have the right <br /> to terminate the Services then remaining to be performed. Prior to the exercise of <br /> its option to terminate for cause, the City shall notify the Contractor of its violation <br /> of the particular terms of the Agreement and grant Contractor ten (10) days to cure <br /> such default. If the default remains uncured after ten (10) days the City may <br /> terminate this Agreement, and the City shall receive a refund from the Contractor <br /> in an amount equal to the actual cost of a third party to cure such failure. If <br /> Contractor fails, refuses or is unable to perform any term of this Agreement, City <br /> shall pay for services rendered as of the date of termination. <br /> 01 In the event of termination, all finished and unfinished documents, data and <br /> other work product prepared by Contractor shall be delivered to the City and <br /> the City shall compensate the Contractor for all Services satisfactorily <br /> performed prior to the date of termination. <br /> 6830-093 DRC EMERGENCY SERVICES.LLC <br /> 4 <br />