Reso 2010-1612 - Laserfiche WebLink

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- City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Consultant 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 Consultant 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 Consultant. Consultant shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Consultant further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 5. CONTRACT TIME. TIME FOR COMPLETION AND LIQUIDATED DAMAGES Upon failure of Consultant to perform all of the Services identified in this Agreement within one hundred and twenty (120) days from the execution date of this agreement, plus approved time extensions (if applicable), Consultant shall pay to the City the sum of three hundred dollars ($300.00) for each calendar day after the stated deadline plus any approved time extensions (if applicable). These amounts are not penalties but are liquidated damages to the City for its inability to obtain beneficial occupancy and/or use of the project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by the City as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to complete the Services on time. The City is authorized to deduct liquidated damages from monies due to Consultant for Services under this Agreement or as much thereof as the City may, in its sole discretion, deem just and reasonable. The Consultant will not be liable for liquidated damages in situations where the delay was beyond the Consultant's reasonable control, including acts of God (i.e. fires, floods, hurricanes, earthquakes, unusually severe weather) or acts of the Contractor in performing its own independent services related to the Project. However, in order to avoid liquidated damages being assessed, the Consultant must demonstrate that 1) the event was beyond the Consultant's reasonable control; 2) the Consultant could not have prevented the event; 3) the Consultant could not overcome the effects of the event; 4) there was no fault or negligence on the part of the Consultant that contributed to the event; and 5) the event caused a delay to the overall completion of the Consultant's services under this Agreement. 6. INSURANCE: Consultant shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Consultant against all loss, claims, damage and liabilities caused by Consultant, its agents, sub-Consultants or employees, as indicated below: o Comprehensive General liability insurance, including broad form contractual liability coverage for all operations, including, but not limited to, contractual, products, and completed operations, personal injury and property damage liability with minimum 3 C0910-055 LIVS ASSOCIATES AGREEMENT t lJ'