Reso 2008-1255 - Laserfiche WebLink

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City of Sunny Isles Beach 18070 Collins A venue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax undertake the completion of performance of Services, Contractor agrees to indemnify the City for all costs incurred with respect to the completion of those Services and any damages the City may suffer as a result of the Contractor's failure to perform the Services. 3. TERM: Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall begin upon the execution of this Agreement. The term of this Agreement may be extended for an additional term at the option of the City. Payment will be made only for work completed to the satisfaction of the City. Contractor is to commence performance of work on the Commencement Date and continue in a diligent manner until work is complete with a deadline of one (1) year. Contractor acknowledges that compliance with the commencement and completion schedule is the essence of this Agreement. The terms of Sections 9 and 10 entitled "Compliance with Law" and "Waiver of Liability/Indemnity," respectively, shall survive termination of this Agreement. 4. COMPENSATION: A. Contractor shall be compensated a total fee of Four Hundred and Ninety- Five Dollars ($495.00), on the month being serviced. Payment is due in advance when billed by the lOth day of the current month being served. The City shall be responsible for the cost of all chemicals, as specified in Attachment "A", three (3) times a year, for a total cost of Four Hundred and Seventy-Nine Dollars and Eighty-Five Cents ($479.85). All services and costs provided as stated in Attachment "A". Additionally, the fountain may be drained and cleaned when requested by the City, The Contractor shall be compensated a total fee of, Six Hundred and Fifty Dollar ($650.00) each time the fountain is drained and cleaned. Payment is due in advance when billed by the lOth day of the current month being serviced. All charges under this Agreement shall be in accordance with this Agreement and a schedule of charges and tasks reflected in Attachment "A". The Contractor shall make no other charges to the City for supplies, labor, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. B. It is anticipated that these isolated tasks will not cumulatively result in expenditures exceeding Ten Thousand Dollars ($] 0,000.00). However, in the event, the total charge by the Contractor approaches that amount, in accordance with Ordinance No. 2000-10 I, Section 3.] c, the City Manager shall require an approval by the City Commission for such expenditures. 5. UNDISCLOSED CONDITIONS: In the event that undisclosed conditions are discovered during the performance of this Agreement, the City shall have the right to cancel this Agreement upon ten (10) days written notice to Contractor. Upon termination, the City may re-bid the project if the Contractor fails to perform under this Agreement due to the undisclosed conditions. C0607-I05, ALL FLORIDA POOL & SPA CENTER AGREEMENT 8114/07 2 SIB .""