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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 City accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to the City's property, improvements, and persons. Contractor will require its employees to perform their work in a manner consistent with the type and scope of work to be performed. In the event that the Contractor fails to complete the Services pursuant to the terms of this contract and City must undertake the completion of performance of Services, Contractor agrees to indemnify the City or all costs incurred with respect to the completion of those Services and any damages the City may suffer as a result of Contractor's failure to perform the Services. 4. TERM. Subject to the provisions relating to the termination of this Agreement as set forth herein, the term of this Agreement shall commence upon execution of this Agreement by both Parties, and shall continue for an initial two (2) year term. Prior to, or upon completion of the initial term, the City has the option to renew this Agreement for three (3) additional one (1) year renewal terms, upon mutual agreement of the Parties. Payment will be made only for work completed to the satisfaction of the City. The terms of Sections 16 and 18 titled "Indemnification and Waiver of Liability," and "Compliance with Law," respectively, shall survive termination of this Agreement. 5. COMPENSATION. During the term of this Agreement, Contractor agrees to provide the Services for the amount of One Hundred Seventy -One Thousand Eight Hundred Seventy -Seven Dollars and Eleven Cents ($171,877.11), plus Seventeen Thousand One Hundred Eighty -Seven Dollars and Seventy -One Cents ($17,187.71) in contingency, resulting in a total not -to -exceed amount of One Hundred Eighty -Nine Thousand Sixty -Four Dollars and Eighty -Two Cents ($189,064.82). Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with the Contract Documents and the Fee Schedule as reflected in Attachment "A," under the following conditions: A. Disbursements. There are no reimbursable expenses associated with this Agreement. B. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. Payment will be made by the City in accordance with the Invoicing provisions contained in ITB No. 24-01-01, attached hereto as Attachment "A." 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. In the event the City Commission fails to appropriate funds for the particular purpose of this Agreement during any year of the term hereof, then this Agreement shall be terminated upon twenty (20) days written notice and the Jumep Multy Services LLC Page 2 of 18 147