Fort Walton Beach Council agenda — 06-25-13--regular — reading text

Leased Autos ii) Non-owned Autos Cowan! Dghf-Daty Veh k,] Page 7 of ]I Packet Pg. 41 '.'  8. 1. 4. b iii) Hired Autos c) Workers' Compensation and Employers%Umbrella Liability Insurance - Workers' Compensation statutory limits as required by Chapter 440, Florida Statutes. This policy should include Employers' /Umbrella Liability Coverage for $ 1, 000, 000 per accident. s 7. 1. 2 Other Insurance Provisions LL O a) Commercial General Liability and Automobile Liability Coverage NN i) City, members of its City Commission, boards, commissions and committees, officers, agents, employees and volunteers a are to be covered as additional insureds as respects: liability o arising out of activities performed by or on behalf of R Contractor; products and completed operations of E Contractor; premises owned, leased or used by Contractor or premises on which Contractor is performing Services on behalf of City. The coverage shall contain no special limitations on the scope of protection afforded to City, members of its City Commission, boards, commissions and committees, officers, agents, employees and volunteers. ii). The Contractor insurance coverage shall be primary insurance as respects City, members of its City Commission, boards, commissions and committees, officers, agents, employees and volunteers. Any insurance or self-insurance maintained by City, members of its City Commission, boards, commissions and committees, officers, agents, employees and volunteers shall be excess of Contractor insurance and shall not contribute with it. iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, members of its City Commission, boards, commissions and committees, officers, agents, employees and volunteers. iv) Coverage shall state that Contractor' s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. b) Workers' Compensation and Employers' Liability and Property Coverage Cannact JL, ghl -Dory Vehicles] Page 8 oj16 Pai:,l+Bt Pg. 42  F8 .1. 4.b The insurer shall agree to waive all rights of subrogation against City, member of its City Commission, boards, commissions and committees, officers, agents, employees and volunteers for losses arising from activities and operations of Contractor in the performance of Services under this Contract. c) All Coverage s i) Each insurance policy required by this Article shall be LL endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except oaN after thirty ( 30) days prior written notice has been given to L City in accordance with this Contract. a ii) If Contractor, for any reason, fails to maintain any insurance o coverage that is required pursuant to this Contract, the same shall be deemed a material breach of contract. City, at its a sole option, may terminate this Contract and obtain damages from Contractor resulting from said breach. Mn N iii) Alternatively, City may purchase such required insurance coverage ( but has no special obligation to do so), and without further notice to Contractor, City may deduct from sums due to Contractor any premium costs advanced by City for such insurance. 7. 1. 3 Deductibles and Self Insured - Retention' s Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City, members of its City Commission, boards, commissions and committees, officers, agents, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses, related investigation, claim administration and defense expenses. 7. 1. 4. Acceptability of Insurers Insurance is to be placed with Florida admitted insurers rated B + X or better by A. M. Best's rating service. 7. 1. 5. Verification of Coverage Contractor shall furnish City with certificates of insurance and with original endorsements affecting coverage required by this clause. The certificates and endorsements for each policy are to be signed by a person authorized C.Light ntruc!-Duty VAkh,a] Page 9 of f4 Packet Pgr43  F8 .1. 4. b by that insurer to bind coverage on its behalf. Upon execution of the contract documents, the certificates and endorsements are to be received and approved by City before work commences. SECTION 8.0 TERMINATION. 8. 1 In addition to other such rights set forth in this Agreement, the City or the Contractor can terminate this Contract if the other party fails to comply with any of the terms or conditions of this Contract or defaults in performance of any of its obligations under this Contract and fails, within thirty ( 30) calendar days after written notice from the non -defaulting party, to correct such default or noncompliance. 8. 2 Provided there are no pending orders for Vehicles that have not been either accepted or rejected by the City, the City or the Contractor may, by written notice to the other party, terminate this Contract. In the event of such termination, the City shall pay the Contractor for all Vehicles accepted by the City as of the effective date of the termination. SECTION 9.0 WARRANTY AND MAINTENANCE. 9. 1 Each Vehicle shall be warranted as set forth in the Proposal and the individual warranty documents delivered with each Vehicle. 9. 2 Through the manufacturer, the Contractor will make available to the City, at any time during the first twelve months after each Vehicle has been placed into service, the option to purchase an extended warranty for such Vehicle at the Contractors cost of such warranty from the manufacturer. 9. 3 The Contractor shall provide training as provided in the Proposal. Although the City will have the capability and expertise to repair each Vehicle under warranty, the City prefers to have the Contractor complete all warranty work, and the City shall perform such work only in the event of exigent circumstances. The Contractor, within thirty ( 30) days of receipt of an invoice therefore, will pay the City for all such warranty work completed by the City in an amount equal to the fully -loaded costs for personnel performing such work and all required parts and materials. At the request of the Contractor, the City will provide documentation of such costs. 9AThe Contractor, at the option of the City, will place at least one equipment technician, provided by the Contractor, at FMD facilities. The technician will be approved by the City's Superintendent, Fleet Management ( "Superintendent"). This technician shall facilitate and expedite both warranty- related work, provided the Co rwl-uwy veA d .] flight Page 10 of14  8. 1. 4. b manufacturer authorizes the Contractor to perform of such work at FMD facilities, and general repairs, as directed by the Superintendent. The Contractor shall process all required documentation in conjunction with warranty -related work or claims. The City shall not be obligated to pay the