Reso 2023-3515 - Laserfiche WebLink

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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax In the event the Consultant fails to complete the Services pursuant to the terms of this Agreement and City must undertake the completion of performance of Services, Consultant agrees to indemnify 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 Consultant'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 June 30, 2023, 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. 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. Consultant acknowledges that no payments will be made or due from the City unless Consultant is specifically engaged by the City for a specific disaster. Payment to Consultant for all charges and tasks under this Agreement shall be in accordance with the Contract Documents, with a not to exceed amount of Fifty Thousand Dollars and No Cents ($50,000.00) 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. 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. Consultant should submit regular invoices for no more than thirty (30) day periods. Invoice format and documentation should be acceptable for FEMA reimbursement. The invoices shall list the preceding months events for which the invoice covers, which shall include the event date(s). Invoices received from the Consultant pursuant to this Agreement will be reviewed by the initiating City Department. If services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto. 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 Consultant. Disaster Program & Operations, Inc. Page 3 of 31 333