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City of Sunny Isles Beach 18070 Collins Avenue:. Sunny isles Beach, Florida 33160 (305) 947-0606 phone (1305) 949-3113 Fax business in the Stale: of Florida, is in good standing and that the Contractor possesses all of the required licenses and certificates of competenoy required by the State of Florida and Miami -bade County it) perl'onn the Services herein described, 1.4. TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder, this Agreement shall commence upon execution of this 119rl4Cme`nt by both parties and shall be for an initial term of three (+) years with the option to renew the contract for one (1) additional two (2) year period, for a total of five (5) years. Services under this Agreement shall commence upon the issuance of Notice to Proceed from the City Manager or designee. .15. C:(3WENSA'l'ION. C.oritractar acktiowledges that this is a contitieetit services contract and that no payments will be made or due: FrOill the City rulless Contractor is spe•c•if ically engavcd by (hie City for a specific emergency. All payments to be made hcrctlnder shall be paid in accordance with Elle Fee Schedule ctmtained in Coniractor's Response. to Request for Proposal 18-04-02, attached hereto as Attachment "A" and incorporated herein by reference. All invoices and payments Shall be for Services completed pursuant to this Agreement after' submission of invoices to the Cite. All invoices sliall be subinit(cd in accordance with ReclucsE for Proposal 18- 04-02. The City will pay properly submitted invoices within thirty (30) clays of receipt, for completed and accepted iervices, unless the City notifies the Contractor in writing of the dispute, before the payment is clue. The City's perlbrmance and obligation to pay under this APt:rricrit is contitigctit upon an annual appropriation for its l)urpOse by the City C:ominission- The Contractor shall make no ether charges to the: City liar supplies, labor, taxes, licenses; pennies, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval ol'the City. If the; City disputes any charges on (lit invoices. it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreernent with Contrewtar. There are no reimbursable expenses associated with this Agreerncnt. 1_6. PERFORN1ANC E AND PAY,V1<ENIT BOND Upon activation of this Agreement by the City, Contractor will he required to provide the City with a ['erformance and Pavinent Bond in the amount of- 100% of the contract/ Purchase Order value: whichever is greater. upon the issuance of Notice to Proceed from the City Manager or designee; the Contractor will be. required LO provide Performance and Payment Bonds within three (3) calendar days. Onc4 activated: the Payment and Performance 1ionds shall be in force for a period of not less than one (1) year froth Elie date of original execution by the Bond SLIfety. Bonds shall be executed by the Contractor and surety company authorized it) do business in the State of Florida with an A.M. Befit rating of "A-" (Excellent) or better, which bond shall be conditioned upon the successful completion of ail work, labor. services, materials Eo be provided and furnished, and the payMetit of all subcontractor& materials and laborers. Ir the value of the contratued work increascS, the Contractor shall be required to provide an updated Performance and Paynient 13ond in an amount equal to rhe: nr;w venue. 1_7. TIME iS Or Tl1F. ESSENCE, All parties agree that time is of the essence. The Contractor must provide sui7ieicnt cquipmem and labor, based on the inagnitudo of Ehc disaster 6830-093 DKC EMtERGEi.C:Y SERVICES. LLC: 2