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Reso 2023-3514
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Reso 2023-3514
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Last modified
8/10/2023 9:31:25 PM
Creation date
6/30/2023 4:29:30 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2023-3514
Date (mm/dd/yyyy)
06/15/2023
Description
ITB 23-04-01, Agreements w/ DRC Emergency Servics, LLC & Philips & Jordan, Inc., for debris mgmt & removal services.
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DocuSign Envelope ID: E6E1E814-097B-44C8-BAAF-69FDA8B8354A <br />City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br />CC. Never Contract With The Enemy (2 CFR Part 183). For work funded by grant and <br />cooperative agreements in excess of $50,000 and performed outside of the United States, including <br />U.S. territories and in support of a contingency operation in which members of the Armed Forces <br />are actively engaged in hostilities, Contractor must exercise due diligence to ensure that none of the <br />funds, including supplies and services, received are provided directly or indirectly (including <br />through subawards or contracts) to a person or entity who is actively opposing the United States or <br />coalition forces involved in a contingency operation in which members of the Armed Forces are <br />actively engaged in hostilities, which must be completed through 2 CFR 180.300 prior to issuing a <br />subcontract. <br />DD. Federal Agency Seals, Logos and Flags. Contractor shall not use any Federal Agency <br />seal(s), logos, crests, or reproductions of flags or likenesses of any federal agency officials without <br />specific federal agency pre -approval. <br />EE. No Obligation by Federal Government. The Federal Government is not a party to <br />this Agreement and is not subject to any obligations or liabilities to the non -Federal entity, <br />contractor, or any other party pertaining to any matter resulting from a resulting contract. <br />FF. Conflict with Grant Terms. In the event of any conflict between the terms and <br />conditions of this Agreement and the terms and conditions of any federal grant funding document <br />provided specific to the funds being used to contract services or goods under this Agreement, the <br />conflicting terms and conditions of that document shall prevail. <br />22. LIQUIDATED DAMAGES. Should the Contractor fail to complete requirements set forth <br />in this scope of work, the City will suffer damage. The amount of damage suffered by the City is <br />difficult, if not impossible, to determine at this time. Therefore, the Contractor shall pay the City, <br />as liquidated damages, the following: <br />A. The Contractor shall pay the City, as liquidated damages, $1,000.00 per calendar <br />day of delay to mobilize in the City with the resources required to begin debris <br />removal operations within seventy-two (72) hours of being issued Notice to <br />Proceed. <br />B. The Contractor shall pay the City, as liquidated damages, $500.00 per load of <br />disaster debris collected in the City that is not disposed of at a City approved DMS <br />or City approved Final Disposal Site and/or any associated fines levied by a third <br />party. <br />These amounts are not penalties but liquidated damages to the CITY. Application of liquidated <br />damages does not release the Contractor of all liability associated with hauling and depositing <br />Phillips and Jordan, Incorporated Page 25 of 31 <br />
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