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Reso 2023-3515
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Reso 2023-3515
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Last modified
7/28/2023 11:50:33 AM
Creation date
7/21/2023 4:46:09 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2023-3515
Date (mm/dd/yyyy)
06/15/2023
Description
RFP 23-04-02 Agreement w/ Disaster Program & Operations, Inc. for disaster debris monitoring services.
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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, Consultant 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. Consultant shall not use any Federal <br />Agency seal(s), logos, crests, or reproductions of flags or likenesses of any federal agency officials <br />without specific federal agency pre -approval. <br />EE. No Obligationy Federal Government. The Federal Government is not a parry 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 Consultant fail to complete the Services, the City will <br />suffer damage. The amount of damage suffered by the City is difficult, if not impossible, to <br />determine at this time. Consultant 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 monitoring/removal <br />operations within twenty-four (24) hours of being issued Notice to Proceed. Consultant will make <br />every attempt to perform the Services within the time frame(s) requested. Repeated failure to timely <br />perform the Services may result in termination of the Agreement for cause and shall cause the City <br />to procure in the open market services meeting or similar to those specified in the Agreement and <br />obligate the Consultant to pay the City any increase in costs occasioned thereby. <br />These amounts are not penalties but liquidated damages to the CITY. Liquidated damages are hereby <br />fixed and agreed upon between the Parties, recognizing the impossibility of precisely ascertaining <br />the amount of damages that will be sustained by the CITY as a consequence of such delay, and both <br />parties desiring to obviate any question of dispute concerning the amount of said damages and the <br />cost and effect of the failure of the Consultant to complete the Agreement on time. <br />Disaster Program & Operations, Inc. Page 25 of 31 <br />355 <br />
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