Reso 2023-3514 - Laserfiche WebLink

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DocuSign Envelope ID: E6E1E814-0978-44C8-BAAF-69FDA8B8354A City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax the City for all costs incurred with respect to the completion of those Services and any damages the City may suffer as a result of the Contractor's failure to perform the Services. 4. TERM. Subject to the City's ability to terminate the Agreement in accordance with Section 9 hereunder, the term of this Agreement shall begin upon execution of this Agreement by both Parties, and shall remain in effect for an initial three (3) year term. The City, at its sole option and discretion, may renew the Agreement for one (1) additional two (2) year term, for a total of five (5) years. In the event services are scheduled to end due to the expiration of this Agreement, Contractor shall continue the Services upon the request of the City. This extension period shall not extend for more than ninety (90) days beyond the expiration date of the Agreement. Payment will be made only for work completed to the satisfaction of the City. The terms of Sections 16 and 20 entitled "Indemnification and Waiver of Liability," and "Compliance with Law," respectively, shall survive termination of this Agreement. 5. COMPENSATION. Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with the Contract Documents, with a not to exceed amount of One Hundred Thousand Dollars and No Cents ($100,000.00) per disaster unless otherwise amended in writing. Should the Contractor exceed the not to exceed amount, it does so at its own risk and cost. Contractor acknowledges that no payments will be made or due from the City unless Contractor is specifically engaged by the City for a specific disaster. Actual work issued under the Agreement will be in the form of Task Orders with a not -to -exceed amount. A. Disbursements. There are no reimbursable expenses associated with this Agreement except for expenses approved by the City Manager. The City will not pay and/or reimburse any additional costs, including but not limited to, travel, mileage, lodging, meals, and other travel and subsistence expenses. B. Payment Schedule. Payment schedule shall be in accordance with the Contract Documents. Invoice format and documentation should be acceptable for FEMA reimbursement. C. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. If the City should not appropriate or otherwise make available funds sufficient to purchase the Services procured pursuant to this Agreement, the City may unilaterally terminate any and all contractual or other obligations herein without any further liability or penalty upon twenty (20) days' notice to Contractor. D. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's final/last billing to the City. This certifies that all Services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. Phillips and Jordan, Incorporated Page 3 of 31