HomeMy WebLinkAboutCity of Tamarac Resolution R-99-240Temp. Reso. #8722
August 13,1999
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-99 -a4O
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF TAMARAC
AND DUNBAR ARMORED INC. FOR ARMORED CAR
SERVICE; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City uses armored car service for daily bank deposits; and
WHEREAS, the City has contracted with Dunbar Armored Inc. for armored
car service for the past several years; and
WHEREAS, due to the increase in required service, it became necessary
to solicit formal bids; and
WHEREAS, the City publicly advertised Bid 99-23B in the Sun Sentinel on
June 27, 1999 and July 4, 1999; and
WHEREAS, Dunbar Armored Inc. submitted the lowest responsive,
responsible bid; and
WHEREAS, it is the recommendation of the Director of Finance,
Controller and Purchasing and Contracts Manager that the City of Tamarac enter
into agreement with Dunbar Armored Inc. to provide armored car service; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it
to be in the best interest of the citizens and residents of the City of Tamarac to
Temp. Reso. #8722
August 13,1999
Page 2
provide for the execution of a contract between the City of Tamarac, Florida and
Dunbar Armored, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby
ratified and confirmed as being true and correct and are hereby made a specific
part of this Resolution.
SECTION 2: An agreement between the City of Tamarac and
Dunbar Armored Inc. for armored car service, attached hereto as Attachment 1,
and the Notice Inviting Bids attached hereto as Attachment 2 incorporated herein
by reference as if set forth in full is hereby approved together with such changes
as may be agreed to by the City Manager or his designated representative and
approved as to form and legality by the City Attorney.
SECTION 3: The appropriate City officials are hereby authorized to
accept and execute said agreement between the City of Tamarac, Florida and
Dunbar Armored Inc.
SECTION 4: All resolutions or parts of resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
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Temp. Reso. #8722
August 13,1999
Page 3
SECTION 6: This Resolution shall become effective immediately
upon its passage and adoption.
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PASSED, ADOPTED AND APPROVED this a a V dayof)44014,1999.
ATTEST:
CAROL GO , CMC/AAE
RECORD OF COMMISSION
BY CERTIFY that I have MAYOR SCHREIBER _1
�d this RESOLUTION o form. DIST 1: - COMM. PARTNER
DIST 2: V/M MISHKIN
DIST 3: COMM. SULTANOF
ATTORNFY DIST 4: COMM. ROBERTS
CITY OF TAMARAC, FLORIDA
ARMORED CAR SERVICES AGREEMENT,"
WHEREAS, this Agreement is made on the day of��11999 by and
between the City of Tamarac, a Municipal Corporation of the State of Florida,
with principal offices located at 7525 NW 88th Avenue, Tamarac, FL 33321,
and Dunbar Armored. Inc., a national armored car services company authorized
to do business in the State of Florida with its principal office located at 50
Schilling Road, Hunt Valley, MD 21031, hereinafter referred to as
"CONTRACTOR" whose Federal Identification number is 52-0t375775.
NOW, THEREFORE, in consideration of the mutual promises herein, the CITY
and CONTRACTOR agree to the following Terms and Conditions, as specified
below:
1.0 CONTRACT TERM
The armored car services agreement shall commence on October 1. 1999
and shall terminate three years after the date of commencement. The CITY, at
its option and pending a mutual agreement between the CITY and
CONTRACTOR, may renew the contract for an additional two-year period. Any
renewal is contingent upon satisfactory performance by CONTRACTOR for the
. previous year as determined by the CITY.
All prices as specified in Exhibit A shall remain firm throughout the initial three-
year contract period, but may be modified by mutual written agreement of the
parties for any subsequent renewal period. All other terms and conditions shall
remain firm throughout the initial three-year contract period and any subsequent
renewal period unless modified by mutual written agreement of the parties.
During the contract term, the CITY may renegotiate with CONTRACTOR such
additions, deletions, or changes to the Agreement as may be necessitated by law
or changed circumstances. In the event the CITY and CONTRACTOR cannot
come to a mutual agreement on any such addition, deletion or change, that
portion of the Agreement concerning the desired addition, deletion or change,
shall be terminated.
220 TERMINATION OF CONTRACT
Either party may terminate this Agreement at any time upon 45 days written
notice, which is to be provided by certified mail, return receipt requested, to the
appropriate designated representative.
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3.00 BREACH OF CONTRACT
This Section, if invoked. shall take precedence over section 2.0. In the event of a
breach of contract by CONTRACTOR or unsatisfactory performance as
determined by the Director of Finance or designee as indicated in Subsection 6.0
below (hereinafter "designated representative"), or if CONTRACTOR performs in
a manner that precludes the CITY from administering its functions or activities in
an effective and efficient manner and if, after 30 days following written notice
thereof, CONTRACTOR fails to remedy such unsatisfactory performance or
breach, the City shall, upon written notice to CONTRACTOR by certified mail,
return receipt requested, be authorized to terminate this agreement. The CITY
reserves the right to proceed thereafter against CONTRACTOR for any and all
damages permitted by law arising from such breach or unsatisfactory
performance. CONTRACTOR, however, will not be held responsible for any
breach of failure, which is determined, to the satisfaction of the Director of
Finance or designated representative, due to any action or inaction on the part of
the CITY.
440 EXCUSABLE DELAYS
The CITY expects CONTRACTOR'S service to the CITY to be continuous and
uninterrupted. CONTRACTOR shall have and maintain sufficient staff and
equipment to support the requirements of this Agreement on a continuous basis
without interruption of service during normal business hours. Severe or
continuous interruption of service shall be cause for termination of the contract. is
CONTRACTOR shall not be considered in default by reason of any failure in
performance if such failure arises out of causes reasonably beyond the control of
CONTRACTOR or any of its subcontractors or assignees and without their fault
or negligence. Such causes include, but are not limited to acts of GOD, natural
or public health emergencies, and abnormally severe and unusual weather
conditions.
Upon CONTRACTOR'S request, the CITY shall consider the facts and extent of
any failure to perform the work and, if CONTRACTOR failure to perform was
without fault or negligence, all affected provisions of the Agreement shall be
revised accordingly, subject to the City's rights to change, terminate, or stop any
or all work at any time.
5.0 SUBCONTRACTING AND ASSIGNMENT OF PERFORMANCE
CONTRACTOR shall not subcontract any services or work to be provided to the
CITY without the prior written approval of the CITY. The CITY reserves the right
to accept the use of a subcontractor or to reject the selection of a particular
subcontractor and to inspect all facilities of any subcontractor in order to make a
determination as to the capability of the subcontractor to perform properly under 0
this Agreement. The CITY's acceptance of a subcontractor shall not be
unreasonably withheld. CONTRACTOR is encouraged to seek minority business
enterprises for participation in subcontracting opportunities.
This Agreement shall not be assigned, conveyed or transferred by
CONTRACTOR except in the event of acquisition merger or divestiture and with
the written consent of the CITY at the time of the assignment, conveyance or
transfer. CONTRACTOR is to provide reasonable notice to the CITY of mergers,
acquisitions or divestitures, which may affect armored car services required
under this agreement or which may necessitate the assignment of services.
Nothing herein shall be construed as creating any personal liability on the part of
any officer or agent of the CITY which may be a party hereto, nor shall it be
construed as giving any rights or benefits hereunder to any one other than the
CITY and CONTRACTORS.
If CONTRACTOR subcontracts or assigns any work required under this
Agreement, CONTRACTOR remains primarily responsible for the complete,
satisfactory and acceptable performance by the subcontractor or assignee, and
warrants that any subcontractor or assignee shall adhere to all the terms and
conditions of this Agreement in every respect. This shall not apply in an event of
assignment of the entire contract as stipulated in section 17.0 of the Armored Car
Services Agreement. The CITY shall not be responsible for the costs of
• reprinting any documents required as a result of subcontracting or assignment.
6_0 DESIGNATED REPRESENTATIVES
The following individuals are designated to represent CONTRACTOR and the
CITY respectively on all matters concerning the Agreement:
For the CONTRACTOR:
Russell E. Daniels
Vice President — Administration
50 Schilling Road
Hunt Valley, MD 21031-1105
(410) 229-1906
For the CITY:
Director of Finance
City of Tamarac
7525 NW 881h Avenue
Tamarac, FL 33321-2401
CONTRACTOR and the CITY will mutually notify each other in writing within 10
days of any changes in their designated representatives.
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7_0 INDEMNIFICATION 0
CONTRACTOR agrees to indemnify and hold harmless the CITY, its elected
officials, its officers, agents and employees from any claim, loss, damage, cost,
charge or expense (including all costs and reasonable attorneys' fees) suffered
by the CITY from:
(a) Any act, breach, or neglect by CONTRACTOR, its agents, employees,
assignees, or subcontractors in the performance of services under this
Agreement;
(b) Any misconduct by CONTRACTOR, its agents, employees, assignees or
subcontractors,
(c) Any inaccuracy in or breach of any of the representations, warranties or
covenants made herein by CONTRACTOR, its agents, employees, assignees or
subcontractors;
(d) Any claims, suits, actions, damages or causes of action arising during the
term of this Agreement for any personal injury, loss of life or damage to property
sustained by reason or as a result of performance of this Agreement by
CONTRACTOR, its agents, employees, assignees or subcontractors; and
CONTRACTOR further agrees to indemnify and hold harmless the CITY or its .
officers or agents or employees, against any claims or liability arising from or
based on the violation of any federal, state, county, or city laws or regulations, by
CONTRACTOR, its agents or employees. This indemnification will also obligate
CONTRACTOR to defend at its own expense or to provide for such defense, at
the CITY's option, any and all suits that may be brought against the CITY which
may result from the performance by CONTRACTOR or its agents, employees,
assignees or subcontractors, under any contract entered into. Should any
charges be assessed against any CITY employee or officer or agent as a direct
result of any fault of CONTRACTOR in providing the CITY with armored car
services, then CONTRACTOR agrees to either pay those fees assessed or
negotiate termination of the charges.
The award of this contract to CONTRACTOR shall obligate it to comply with this
indemnification clause in its entirety. These provisions shall survive the
expiration or early termination of this agreement for claims arising from this
agreement. Nothing in this agreement shall be construed to affect in any way the
CITY's rights, privileges, and immunities as set forth in Florida Statutes 768.28.
CONTRACTOR shall not commence work under this Agreement until it has
obtained all insurance required under this paragraph as specified in Exhibit B,
and until such insurance has been approved by the Risk Manager of the CITY to
subcontractor or assignee to commence work in conjunction w'th this Agreement
until all required insurance has been obtained by the subcontractor or assignee
and approved by the Risk Manager of the CITY. It is agreed that in the event any
person, firm or corporation should sustain damage that is not covered by the
insurance in the course of performance of the Agreement, CONTRACTOR will
indemnify and hold harmless the CITY for all costs, losses and damages to
person(s) or property, including but not limited to, judgements and attorney fees
and shall defend itself and, if asked by the CITY, provide for the CITY's defense
at no cost for any cause of action brought.
CONTRACTOR shall file a Certificate of Insurance that meets all the
requirements set forth herein with the City's Risk Manager prior to the
commencement of the work to be performed under this Agreement. Policies
shall be issued by companies authorized to do business under the laws of the
State of Florida and shall have adequate policyholders and shall be rated at least
A-VII per the most recent rating listed on A.M. Best rating guide and be licensed
to do business in the state of Florida.
The Certificate shall contain a provision that coverage afforded under the policy
will not be canceled until at least thirty (30) days prior written notice has been
given to the CITY. In the event the Certificate of Insurance provided indicates
that the insurance shall terminate and lapse during the period of this Agreement,
CONTRACTOR shall furnish, at least five (5) days prior to the expiration of the
date of such insurance, a renewed Certificate of Insurance as proof that equal
and like coverage for the balance of the period of the Agreement or extension
thereunder is in effect.
The loss or theft of any CITY deposits, once transferred to CONTRACTOR will
be the sole responsibility of CONTRACTOR. The CITY will be reimbursed for the
amount of the deposit, in a timely manner should this event occur. The CITY
shall make every effort to reconstruct any such deposit. Such reconstruction, in
the absence of microfiche or microfilm, shall be effective with dollar amounts, and
the names and addresses of the makers.
88.0 APPLICABILITY OF VENDOR STATE AND LOCAL LAWS / VENDOR
COURT RULINGS
All applicable laws and regulations of the United States and the State of Florida,
and all ordinances and regulations of Broward County and the City of Tamarac
shall apply to this Agreement. CONTRACTOR agrees that it will monitor this
requirement closely and make any adjustments deemed necessary to remain in
compliance.
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9_0 ACCESS TO RECORDS
The CITY, or its authorized representatives, shall have access to the books and
records maintained by CONTRACTOR concerning the CITY's accounts unless
any applicable Federal or State laws prevent such access. Such access shall be
during regular business hours, and will include the inspection or copying of any
books, records, memoranda, checks, correspondence, or documents that the
CITY requires access to. All records shall be maintained for a minimum of three
(3) years, or longer if required by the applicable regulatory bodies.
10.0 NONDISCRIMINATION
CONTRACTOR agrees that there will
creed, sex or national origin in regard
terms of this agreement.
11.0 INDEPENDENT CONTRACTOR
be no discrimination as to race, color,
to its obligations performed under the
CONTRACTOR is and shall be in the performance of all work services and
activities under this Agreement, an independent contractor, and not an
employee, agent, or servant of the CITY. All persons engaged in any of the work
or services performed pursuant to this Agreement shall at all times, and in all
places, be subject to CONTRACTOR sole direction, supervision, and control.
CONTRACTOR shall exercise control over the means and manner in which its
employees perform the work and, in all respects, CONTRACTOR'S relationship
and the relationship of its employees to the CITY shall be that of an independent
contractor and not as employees or agents of the CITY.
12.0 CONFLICTS OF INTEREST
CONTRACTOR represents that it has or will secure at its own expense, all
necessary personnel required to perform the services under this Agreement.
CONTRACTOR shall use every effort to insure that such personnel shall not be
an employee of or have any contractual relationship with the CITY, nor shall such
personnel be entitled to any benefits of the CITY including, but not limited to,
pension, health and workers compensation benefits.
13.0 QUALIFIED PERSONNEL
All of the services required hereunder shall be performed by CONTRACTOR or
under its supervision, and all personnel engaged in performing the services shall
be fully qualified and, if required authorized or permitted under state and local
law to perform such services. CONTRACTOR warrants that all services shall be
performed by skilled, competent personnel to the highest professional standards
in the field.
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14.0 STATE TAXES
The CITY is exempt from the payment of State sales and use taxes. The CITY
will sign an exemption certificate submitted by CONTRACTOR. CONTRACTOR
shall not be exempted from paying sales tax to its suppliers for materials used to
fulfill contractual obligations with the CITY, nor is CONTRACTOR authorized to
use the CITY's Tax Exemption Number in securing such materials.
CONTRACTOR shall be responsible for payment of its own employees' payroll,
payroll taxes, and benefits regarding this agreement.
15.0 REMEDIES
This Agreement shall be governed by the laws of the State of Florida. Any and
all legal action necessary to enforce the Agreement will be held in Broward
County, Florida. No remedy herein conferred upon any party is intended to be
exclusive of any other remedy, and each and every such remedy shall be
cumulative and shall be in addition to every other remedy given hereunder or
now or hereafter existing at law of in equity or by statute or otherwise. No single
or partial exercise by any party of any right, power, or remedy hereunder shall
preclude any other or further exercise thereof.
16.0 NOTICES
Whenever either party desires to give notice unto any other party, it must be
given by written notice, sent by registered U.S. mail, with return receipt
requested, addressed to the party for whom it is intended, at the place last
specified, and the persons and places for giving of notice shall remain such until
they shall have been changed by written notice in compliance with the provisions
of this paragraph. For the present the parties designate the following as the
respective persons and places for giving of notice, to wit:
CITY
City Manager
City of Tamarac
7525 NW 88 Avenue
Tamarac, FL 33321-2401
With a copy to the City Attorney at the same address.
CONTRACTOR
Russell E. Daniels
Vice President — Administration
Dunbar Armored, Inc.
50 Schilling Road
Hunt Valley, MD 21031-1105
17.0 ASSIGNMENT TO SUCCESSORS
All assignments of this agreement to successors shall require the written f
approval of the CITY. The CITY reserves the right to terminate this agreement
immediately upon the acquisition of CONTRACTOR by another legal entity.
CONTRACTOR shall promptly notify the CITY of any such acquisition in writing
within a reasonable time frame following such announcement. The event shall
impose no changes unfavorable to the CITY without the CITY's written consent
and agreement.
18.0 PAYMENT TERMS AND CASH DISCOUNTS
Payment terms, unless otherwise stated in this agreement, will be considered to
be net 30 days after the date of satisfactory delivery at the place of acceptance
and receipt of correct invoice at the office specified, whichever occurs last. If
CONTRACTOR offers a discount, then it is understood that the discount time will
be computed from the date of satisfactory delivery, at the place of acceptance,
and receipt of correct invoice, at the office specified, whichever occurs last.
19.0 VENUE
This agreement shall be considered consummated in Broward County, Florida.
All actions brought hereunder shall be brought exclusively in Broward County,
Florida.
20.0 PRICE ADJUSTMENT
Prices quoted shall be firm for the initial contract term of three (3) years.
Thereafter, any extensions which may be approved by the City shall be subject to
the following:
Cost for any extension term(s) shall be subject to adjustment only if increases or
decreases occur throughout the local industry. The City will use changes in the
Consumer Price Index (CPI) (United States All Urban Consumers), as published
by the Bureau of Labor Statistics of the U.S. Department of Labor, and
documented payroll figures provided by the Contractor in any adjustment review.
Such adjustment, if approved, may not exceed 3%, or the CPI whichever is
lower. The yearly increase or decrease in the CPI shall be that latest Index
published and available for the calendar year ending 12/31, prior to the end of
the contract year then in effect as compared to the index for the comparable
month one year prior.
21.0 SCOPE OF SERVICES
City Requirements: The
City
requires daily armored
car services (Monday
through Friday, except for
City
observed holidays) for
deposit of City funds
(currency and coin), wire transfer request letters, delivery of receipted deposit
tickets, bank statements and other correspondence between the bank and the
City, and the transportation of negotiable securities or other items of value.
A. Pickup Locations:
City Hall
Cashiers Office, Room 102
7525 Northwest 88 Avenue
Tamarac, Florida 33321
Parks & Recreation
7501 N. University Drive
Tamarac, Florida 33321
Building Department
8191 NW 88th Avenue
Tamarac, Florida 33321
Senior & Community Center (future site)
8601 West Commercial Blvd.
Tamarac, Florida 33321
Satellite City Hall (future site)
Approximate Location (Commercial Blvd. and State Road 7)
Tamarac, Florida 33321
(exact location will be given as soon as it is determined by the City)
B. Pickup dates:
Monday through Friday, except for City observed holidays listed below:
New Years Day
Martin Luther King
Presidents Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Eve
Christmas Day
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C. Pickup Times:
The CITY's time for pick up is between 9:00 AM and 11:00 AM, daily. M
D. Deposits:
Deposits of CITY's funds will be delivered to First Union Nation Bank of
Florida at the location listed below:
First Union National Bank of Florida
(The Money Center)
1410 Southwest 3rd Street
Pompano Beach, FL 33069
E. Armored Car Services Vendor Responsibilities:
1. CONTRACTOR shall make one pickup daily from the above
locations, and deliver deposits to the designated City Bank. On a best
effort basis, CONTRACTOR will provide same day credit on deposit(s).
2. A guard will pick up standard prenumbered sealed disposable bags
containing the City deposits and deposit slips. The exterior of the bag
will reflect the amount of deposit said to be contained inside. The guard
signs a daily pickup manifest for the bags showing the total as it
appears, and takes the deposit to the designated City bank. Guard
obtains a signed delivery receipt from the bank. Deposit slips are
returned to the City directly from the bank.
3. CONTRACTOR shall make every attempt to inform the CITY in
advance of any change in service that might occur during a regular
scheduled pick up, so that the CITY can take necessary steps in
adhering to the change.
22.0 INVOICES
The City will accept invoices no more frequently than one (1) per month. Each
invoice shall be accompanied by records fully detailing the amounts stated on the
invoice. The City will make every attempt to pay invoices completely within thirty
(30) days of receipt of a correct invoice. Contractor shall prepare verification
data for the amount claimed, and provide complete cooperation during such
investigation of any areas in the invoice subject to question.
23.0 ADDITION OR DELETION OF SERVICES
The City reserves the right to add to the services specified in this agreement, or
to delete any portion of the resulting Contract, at any time, and if such right is
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exercised by the City the total fee shall be increased or decreased in the same
ratio as the service is to the monthly flat rate quoted by CONTRACTORS and
accepted by the city.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement, the day and year first above written.
ATTEST:
(� � r_, �z
Carol Gold, /CMC
City Clerk
Apbtbved as to F
Mit&h'll S. Ki
City Attorney
WITNESS:
,J.
Rosemary Ayala
(Print or Type Name)
Vicki L. Thompson
(Print or Type Name)
CITY OF TAMARAC
By: ote
oe Schreiber, Mayor
By: ; .
Jeffrey L. Miller
City Manager
/ D ARMORED NC.
By: l
Russell E. Daniels. Vice President
(Print or Type Name and Title)
STATE OF FLORIDA
:SS
COUNTY OF BROWARD:
I HEREBY CERTIFY that on this date, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowledgments, personally appeared Russell s_ Daniels
to me known to be the person(s) described in and who executed the foregoing
instrument and he/she acknowledged before me and under oath he/she executed
the same.
1999.
WITNESS my hand and official seal this 26th day of At,m,-qt ,
Ytil/Y�
NO�ARY PUBI,��,Ikrj q
JJ�U�L A A. EEMM�Qz-`��4
NOTARY PUBUC STATE OF MARYLAND
My Commission Expires March 1, 2001
(Name of Notary Public: Print, Stamp, or Type .
as Commissioned)
(x) Personally known to me, or
( ) Produced Identification
Type of I.D. Produced
( ) DID take an oath or (X ) DID NOT take an oath.
EXHIBIT - B
CITY OF TAMARAC
ARMORED CAR SERVICES AGREEMENT
SCHEDULE OF INSURANCE REQUIREMENTS
INSURANCE REQUIREMENTS
CONTRACTOR shall maintain at least the following minimum insurance
requirements throughout the life of this agreement:
a. Worker's Compensation: Notwithstanding FS 440.055, any firm
performing work on behalf of the City of Tamarac must provide
Worker's Compensation Insurance.
b. Commercial General Liability with minimum combined limits of one
million dollars ($1,000,000.00) with the CITY named as an additional
insured.
C. Automobile Liability in the minimum amount of one million dollars
($1,000,000.00) each occurrence.
d. An insurance policy or policies to cover damage to, or loss of articles
transported: including banknotes, bonds, coupons, stock certificates,
securities, checks, currency and coin, and other valuable documents,
is from any cause whatsoever in transit or otherwise, including any act of
omission of the Contractor, or any of its employees, or anyone acting
on its service. Contractor's insurance coverage for the items insured
hereunder to be in the minimum amount of five million dollars
($5,000,000.00) each occurrence. Checks are covered for
reconstruction purposes only.
Contractor's coverage also will apply as primary coverage to any insurance
which the CITY may carry in its own name.
CONTRACTOR shall provide the CITY with the current certificates of insurance
for the required coverage. The certificates shall indicate that the city shall be
given advance written notice of cancellation or material change of not less than
30 days.
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