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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 /> 4. TERM. Subject to the provisions relating to the termination of this Agreement as set forth <br /> hereunder, the term of this Agreement shall begin from issuance of a Notice to Proceed from the <br /> City Manager or his designee and the Services shall be required to be completed no later than One <br /> Hundred Twenty (120) days thereafter. Contractor acknowledges that compliance with the <br /> commencement and completion schedule is the essence of this Agreement. <br /> 5. COMPENSATION. The Contractor agrees to provide the desired Services to the City in a <br /> total amount not to exceed Two Hundred Seven Thousand Five Hundred Sixty Dollars and Forty <br /> Six Cents($207,560.46).Payment to Contractor for all charges and tasks under this Agreement shall <br /> be in accordance with this Agreement and the schedule of charges reflected in Attachment"A" and <br /> under the following conditions: <br /> a. Disbursements. There are no reimbursable expenses associated with this contract. <br /> b. Payment Schedule. Invoices received from the Contractor pursuant to this <br /> Agreement will be reviewed by the initiating City Department. Payments shall made <br /> only after completion of each quarterly service period. If services have been <br /> rendered in conformity with the Agreement, the invoice will be sent to the Finance <br /> Department for payment. Invoices must reference the contract number assigned <br /> hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment <br /> Act. The City will pay properly submitted Contractor invoices within 30 (thirty) <br /> days of receipt, for completed and accepted deliveries or specified services and/or <br /> goods, unless the City notifies the Contractor in writing of the dispute, before the <br /> payment is due. <br /> c. Retainage and Withholding of Payment. Ten percent(10%)of all monies earned by <br /> Contractor shall be retained by the City up to Sixty (60) days after completion of <br /> Services, receipt of closeout documents, and acceptance by the City. Any interest <br /> earned on retainage shall accrue to the benefit of City. <br /> The City may withhold, in whole or in part, payment to Contractor to such extent as <br /> may be necessary to protect itself from loss on account of: <br /> i. Defective work not remedied by Contractor; <br /> ii. Claims filed or reasonable evidence indicating probable filing of <br /> claims by other parties against Contractor or the City because of <br /> Contractor's performance; <br /> iii. Failure of Contractor to make payments properly to sub-contractors <br /> or for material or labor; or <br /> iv. Failure of Contractor to comply with any other provision of this <br /> Agreement. <br /> d. Availability of Funds. The City's performance and obligation to pay under this <br /> Agreement is contingent upon an annual appropriation for its purpose by the City <br /> Commission. <br /> C1415-076-SAFEWARWE, INC. <br />