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2025-029
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2025-029
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Last modified
3/5/2025 12:18:03 PM
Creation date
3/5/2025 12:15:37 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
02/11/2025
Control Number
2025-029
Agenda Item Number
9.J.
Entity Name
SunUp Advantage, LLC
Subject
Agreement for Transit Advertising Services
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5.1 Termination. This Agreement may be terminated for convenience by mutual agreement in writing <br />of both parties. This Agreement may also be terminated by COUNTY for cause, default, or negligence on <br />the part of CONTRACTOR. In the event of termination by COUNTY for cause, CONTRACTOR shall <br />provide payment in accordance with the RFP Scope of Services and RFP Attachment F attached to this <br />agreement, which shall be the pro rata monthly minimum payment, plus the percentage of gross revenues, <br />upon termination of this Agreement. <br />5.2 Subletting of Contract. This Agreement shall not be sublet except with the written consent of <br />COUNTY. No such consent shall be construed as making COUNTY a party to the subcontract or subjecting <br />COUNTY to liability of any kind to any subcontractor. No subcontract shall under any circumstances <br />relieve CONTRACTOR of liability and obligations under this Agreement. <br />5.3 Insurance. <br />1. CONTRACTOR shall not commence work on this Agreement until it has obtained all insurance <br />required under this paragraph and such insurance has been approved by COUNTY's representative. <br />2. CONTRACTOR shall maintain during the term of this Agreement the following insurance: <br />A. Business Automobile Liability Insurance covering all owned, non -owned and hired vehicles with <br />minimum limits of liability of $i,000,000 per occurrence Combined Single Limit for bodily injury and <br />property damage. <br />B. Commercial General Liability Insurance for premises/operations, products/completed operations, <br />contractual liability, and independent contractors with minimum limits of liability of $1,000,000 per <br />occurrence Combined Single Limit for bodily injury and property damage. <br />C. Worker's Compensation Insurance in compliance with Chapter 440, Florida Statutes, as presently <br />written or hereinafter amended. The policy must include Employers Liability with a limit of $100,00o for <br />each accident, $500,000 for disease (policy limit), and $100,00o for disease (employee limit). <br />3. All insurance policies shall be issued by companies authorized to do business under the laws of the <br />State of Florida. All such insurers must have an A.M. Best rating of no less than A -VII. <br />4. CONTRACTOR shall furnish certificates of insurance to COUNTY prior to the commencement of <br />operations, which certificates shall clearly indicate that CONTRACTOR has obtained insurance in the type, <br />amount, and classification as required for strict compliance with this section and that no material change <br />or cancellation of this insurance shall be effective without thirty (30) days prior written notice to COUNTY. <br />5. Compliance with the foregoing requirements shall not relieve CONTRACTOR of its liability and <br />obligations under this section or under any other portion of this Agreement. <br />5.4 Indemnity. In consideration of the sum of Fifteen and oo/loo Dollars ($15.00), the receipt and <br />sufficiency of which is acknowledged by CONTRACTOR to be included and paid for in the contract price, <br />CONTRACTOR shall indemnify, defend, and hold harmless COUNTY and its agents and employees from <br />and against all liabilities, claims, damages, losses, and expenses, including attorney's fees, arising out of or <br />resulting from the performance of the work, provided that any such liability, claim, damage, loss, or <br />expense: a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of <br />tangible property (other than the work itself), including the loss of use resulting therefrom; and b) is <br />caused in whole or in part by any negligent act or omission of CONTRACTOR, and subcontractor, anyone <br />
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