Reso 2016-2631 - 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 (ii.) Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold payment to Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Contractor ten (10) days written notice. The terms of Paragraph 10 A(i) and A(ii) above shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 10. DEFECTS IN WORKMANSHIP AND INSTALLATION. Contractor warrants that it will promptly correct any defects related to the performance of its Services under this Agreement. The Contractor's obligations shall include, but not be limited to, repairing or replacing the defective workmanship and/or installation of holiday lights and decorations at Heritage Park. In such an event, the City shall provide Contractor with written notice thereof specifying the defect, and Contractor shall have no later than 24 (twenty four) hours to correct the defect. In the event Contractor fails to correct the defect within this 24 hour period after being notified by the City, and in the absence of any extended calendar days extension granted by the City Manager or his designee, then the Contractor shall be required to pay a liquidated damage penalty of$100.00 (One Hundred Dollars) for each calendar day beyond the 24 (twenty four) hours deadline, continuing to the time at which the defects are corrected. Such amount is the actual cash value agreed upon as the loss to City resulting from Contractor's delay. 11. ASSIGNMENTS, TRANSFERS, SUBCONTRACTING. The Contractor shall not subcontract, assign or transfer any work under this Agreement without the express, prior written consent of the City. Should the Contractor subcontract any Services under this Agreement, it shall be done with continued liability for the Contractor. The Contractor shall remain responsible for Services, responsibilities and liabilities of any person or entity acting under Contractor. 12. TIME OF COMPLETION AND WITHHOLDING OF FINAL PAYMENT. The Services to be rendered by the Contractor shall be commenced upon execution of this Agreement and shall be completed no later December 2, 2016, for Fiscal Year 2016-2017; December 1, 2017 for Fiscal Year 2017-2018; and November 30, 2018 for Fiscal Year 2018-2019, and shall be removed no later than January 31, 2017 for Fiscal Year 2016-2017; January 31, 2018 for Fiscal Year 2017-2018; and January 31, 2019 for Fiscal Year 2018-2019, as more particularly described in Attachment "A", attached hereto. A reasonable extension of time shall be granted in the event the work of the Contractor is delayed or prevented by the City or by circumstances beyond the reasonable control of the Contractor including weather conditions or acts of God, which render the performance of the Contractor's duty impracticable. Additionally, the City S 1 C5607-1617-012—Miami Christmas Lights Page 5 of 10