Reso 2024-3716 - Laserfiche WebLink

Home Browse Search

Docusign Envelope ID: 41 F63DOF-3BC8-4149-8618-1 BBEEF49D6F7 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Payment will be made only for work completed to the reasonable satisfaction of the City. Contractor is to commence performance of work from the date specified in the Notice to Proceed and continue in a diligent manner until completion of the Services. Contractor acknowledges that compliance with the commencement and completion schedule is the essence of this Agreement. The terms of Section 14, entitled "Indemnification and Waiver of Liability," Section 23, entitled "Compliance with Law," Section 10, entitled Warranty of Services, and Section 11, entitled "Defective Work," shall survive termination of this Agreement. 5. COMPENSATION. During the term of this Agreement, the City shall pay Contractor for Services performed under this Agreement the amount of Seven Hundred Forty -Three Thousand Eighteen Dollars and No Cents ($743,018.00), plus Seventy -Four Thousand Three Hundred One Dollars and Eighty Cents ($74,301.80) for contingency, if necessary, resulting in a total not -to - exceed amount of Eight Hundred Seventeen Thousand Three Hundred Nineteen Dollars and Eighty Cents ($817,319.80). Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with the Contract Documents, under the following conditions: A. Disbursements. There are no reimbursable expenses associated with this contract except for expenses approved by the City Manager. 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 Schedule of Values appended hereto as Attachment C. 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 Contractor. Notwithstanding anything to the contrary in the Agreement or the other contract documents, payment to the City by any other source will not be a condition precedent to payment to Contractor of any amounts due hereunder. D. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" 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 this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or SCHINDLER ELEVATOR CORPORATION