Reso 2023-3539 - 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 The terms of Sections 19 and 20 entitled "Indemnification and Waiver of Liability," and "Compliance with Law," respectively, shall survive termination of this Agreement. Any and all terms with respect to warranties, including Sections 8 and 9 herein entitled "Warranty of Services" and "Defective Work", and those specifically provided for in the Contract Documents shall also survive termination of this Agreement. Payment will be made only for work completed to the satisfaction of the City. Contractor acknowledges that compliance with the commencement and completion schedule is the essence of this Agreement. 5. COMPENSATION. The City shall pay Contractor for Services performed under this Agreement, in a total amount not to exceed Ninety -Six Thousand Five Hundred Dollars and No Cents ($96,500.00), as set forth in Contractor's Proposal, attached hereto as Attachment `B," and in the Contract Documents. Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with the Contract Documents and the schedule of charges reflected as reflected in Exhibit `B." Contractor may request payments for work completed at intervals, subject to the Project Manager's approval. Contractor's requisition shall show a complete breakdown of the project components, the quantities completed, and the amount due, together with all supporting documentation and other information reasonably requested by City, including, but not limited to a Partial Release of Lien or Final Release of Lien as appropriate in the forms set forth in Chapter 713.20, Florida Statutes. Reference herein to Chapter 713, Florida Statutes is for convenience, and shall not be construed as a waiver of sovereign immunity or authority for imposition of liens against public property. When the Project Manager finds the work acceptable under the Agreement, the Project Manager will promptly sign the invoice confirming that the work required by this Agreement has been completed and is accepted by the City under the terms and conditions of the Agreement. A. Disbursements. There are no reimbursable expenses associated with this contract. B. Payment Schedule. Payment requisitions must reference the contract number assigned hereto. City shall make payment to Contractor within fourteen (14) days after approval of the Contractor's requisition for payment by the Project Manager, unless the City notifies the Contractor in writing of the dispute, before the payment is due. Payments made in excess of fourteen (14) days shall be subject to an eighteen percent (18%) annual interest late fee. 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 Payment Requisition. In order for both parties herein to close their books and records, the Contractor will clearly state "final payment requisition" 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 Contour Marine Incorporated