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<br />Ci(l' of SUIIII)' Isles Beael! <br /> <br />18070 Collins A venue, Sunuy tsles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br /> <br />Contractor agrees to have a qualified representative to audit and inspect the Services provided on a <br />regular basis to ensure all Services are being performed in accordance with Attachment "A" and shall rcport to <br />the City accordingly. Contractor agrees to immediately inform the City via tclephone and in writing of any <br />problems that could causc damage to the City's property, improvements and persons, Contractor will rcquire <br />its employees to perform their work in a manner betitting the typc and scope of work to be performed. In the <br />event that the Contractor fails to complete performance pursuant to the tcrms of this contract and City must <br />undertake the completion of performance of Scrvices, Contractor agrees to indemnify the City for all costs <br />incurrcd with respect to the completion of those Services and any damages the City may suffer as a result of <br />the failure of performance by Contractor. <br /> <br />3. COMPENSATION: Payment to Contractor for all charges under this Agreement shall be in <br />accordance with this Agreement and a schedule of charges or tasks retlected in Attachment "A". The total <br />amount of cOlllpensation payable by the City to the Contractor shall be an amount not to exceed <br />$40,000.00, inclusive of all permitting services and permit fees, and an additional $1,750,00 in the event <br />of rescheduling, at the Cil)"s option, due to inclement weather, or any other hazard, (excluding June 25, <br />2007 through July 10, 2007). Thc Contractor shall make no other charges to the City for supplies, labor, <br />licenses, permits, overhead or any othcr expenses or costs unless any such expense or cost is incurred by <br />Contractor with the prior written approval of the City, If the City disputes any charges on the invoices, it may <br />make payment of thc uncontested amounts and withhold payment on thc contested amounts until they arc <br />resolved by agreement with Contractor. <br /> <br />4. 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 Commission, <br /> <br />5, UNDISCLOSED CONDITIONS: In the evcnt that undisclosed conditions are discovered during <br />the performance of this Agreement, the City shall have the right to cancel this Agreement upon thirty (30) <br />days written notice to contractor. Upon termination, the City may re-bid the project if the contractor fails to <br />perform under this Agreement due to the undisclosed conditions, <br /> <br />6. INSURANCE: Contractor shall, at its sole cost and expense, during the period of any work being <br />performed under this Agreement, procure and maintain the following minimum insurance coverage to <br />protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its <br />agents, sub-Contractors or employees, as indicated below: <br /> <br />o <br /> <br />Comprehensive General liability insurance, including broad form contractual liability <br />coverage for all operations, including, but not limited to, contractual, products, and <br />completed operations, personal injury and property damage liability with minimum limits <br />of Two Million Dollars ($2,000,000) per occurrence. <br /> <br />o <br /> <br />Worker's Compensation, as required by law, but with no less than $1,000,000 for <br />Employer's Liability, <br /> <br />C0607-058 Add Fire, Inc. Agreement <br /> <br />Page 2 <br /> <br />S J '" <br />'.. U <br />