Reso 2024-3714 - 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 a. Deduction of M to $200 per instance: Failure to comply with conditions, specifications, reports, schedules and/or directives from the City and Purchase Order, including but not limited to, failure to adequately remove trash/debris/weeds in a timely manner, apply chemicals, prune, etc. Deduction may be based upon costs provided by Contractor on the Fee Schedule contained in the Contract Documents, or as deemed appropriate by City. b. Deduction of up to $200 per instance per workday: Failure to provide adequate equipment in compliance with City specifications and/or as requested by the City. c. Deduction of up to $250 per occurrence: Failure to protect public health and/or correct safety concerns. These include, but are not limited to, policing City property for hazards, responding to emergencies, providing adequate traffic control measures (per M.U.T.C.D. Guidelines). d. Deduction of up to $250 per occurrence: Failure to comply with water restrictions imposed by any agency having authority to do so. Additionally, Contractor shall be responsible for any imposed penalties. e. Deduction up to $250 per occurrence: Major irrigation deficiencies shall be repaired within 12 hours. 9. TERMINATION AND REMEDIES FOR BREACH. A. If, through any cause within reasonable control, the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements, or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the Agreement and grant Contractor thirty (30) days to cure such default. If the default remains uncured after thirty (30) days the City may terminate this Agreement, and the City shall receive a refund from the Contractor in an amount equal to the actual cost incurred by the City as a result of paying a third party to cure such failure, which amounts shall be substantiated with receipts or invoices reflecting payments made. 1. In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor shall be delivered to the City and the City will only be responsible for paying the Contractor for Services satisfactorily performed prior to the date of termination. Under no circumstances will the City be responsible for monthly service charges for the remaining, unexpired portion of the then existing term. 2. Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold payment to Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. BRIGHTVIEW LANDSCAPE SERVICES, INC. Page 6 of 19 236