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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br />Services shall be performed by Consultant to the full satisfaction of the City. Consultant agrees to <br />furnish all Services in a professional manner. Consultant agrees to have a qualified representative <br />to audit and inspect the Services provided on a regular basis to ensure all Services are being <br />performed in accordance with the City's needs and pursuant to the terms of this Agreement and <br />shall report to the City accordingly. Consultant agrees to immediately inform the City via <br />telephone and in writing of any problems that could cause damage to the City's property, <br />improvements and persons. Consultant will require its employees to perform their work in a <br />manner befitting the type and scope of work to be performed. In the event that the Consultant fails <br />to complete the Services pursuant to the terms of this contract and City must undertake the <br />completion of performance of Services, Consultant agrees to indemnify the City for all costs <br />incurred with respect to the completion of those Services and any damages the City may suffer as <br />a result of the Consultant's failure to perform the Services. <br />3. TERM. Subject to the provisions relating to the termination of this Agreement as set <br />forth hereunder, the term of this Agreement shall commence upon the full execution of this <br />Agreement and shall remain in effect for a period of two (2) years. <br />The terms of Sections 10 and 16 entitled "Indemnification and Waiver of Liability," and <br />"Compliance with Law," respectively, shall survive termination of this Agreement. <br />4. COMPENSATION. During the term of this Agreement, the City shall pay Consultant <br />compensation for the Services performed under this Agreement in an amount not to exceed One <br />Hundred Forty -Eight Thousand Five Hundred Seventy -Six Dollars and No Cents ($148,576.00) <br />under the following conditions: <br />A. Disbursements. There are no reimbursable expenses associated with this contract except <br />for expenses approved by the City Manager. <br />B. Payment Schedule. Consultant shall submit invoices to the City on a monthly basis. <br />Invoices received from the Consultant pursuant to this Agreement will be reviewed by the <br />initiating City Department. If services have been rendered in conformity with the <br />Agreement, the invoice will be sent to the Finance Department for payment. Invoices must <br />reference the Agreement number assigned hereto. Invoices will be paid in accordance with <br />the State of Florida Prompt Payment Act. <br />C. Availability of Funds. The City's performance and obligation to pay under this Agreement <br />is contingent upon an annual appropriation for its purpose by the City Commission. If the <br />City should not appropriate or otherwise make available funds sufficient to purchase the <br />Services procured pursuant to this Agreement, the City may unilaterally terminate any and <br />all contractual or other obligations herein without any further liability or penalty upon thirty <br />(30) days' notice to Consultant. <br />D. Final Invoice. In order for both parties herein to close their books and records, the <br />Consultant will clearly state "final invoice" on the Consultant's final/last billing to the City. <br />This certifies that all services have been properly performed and all charges and costs have <br />COMPLETE CITIES PLANNING GROUP. LLC <br />