Reso 2016-2634 - 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 this contract and City must 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 in Section 7 below, this Agreement shall commence retroactive to December 1, 2016, and shall terminate no later than December 1, 2019. Contractor is to commence performance of Services on the commencement date and continue in a diligent manner until the Services are complete. Contractor acknowledges that compliance with the commencement and completion date is the essence of this Agreement. The terms of Sections 16 and 17 entitled "Compliance with Law" and "Indemnification and Waiver of Liability", respectively, shall survive termination of this Agreement. 4. COMPENSATION. As the entire compensation under this Agreement and during the terms of this Agreement, in whatever capacity rendered, the City shall pay Contractor an amount not to exceed Sixty Thousand Dollars ($60,000.00) during each year under this Agreement, for a total amount not to exceed One Hundred Eighty Thousand Dollars ($180,000.00)during the entire three year term. For each individual event scheduled pursuant to this Agreement, the City agrees to pay Contractor an initial deposit equal to 50% of the compensation prior to the event and the remaining 50% sum on the day of each scheduled event. If a particular event is canceled by the City at least Forty Eight (48) hours prior to the scheduled event date, then the City will only be responsible for paying the deposit to the Contractor. In such circumstances, the proceeds shall be applied towards a rescheduled event date within two (2) months from the originally scheduled event, at no additional cost to the City. If a particular event is canceled by the City with Forty Eight (48) hours or less remaining prior to the scheduled event, then the City will be responsible for one hundred percent (100%) of the compensation for that particular event to be paid to Contractor. Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with this Agreement and the schedule of charges reflected in Attachment "B", which fee shall be disbursed on a monthly basis and under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this Agreement. b. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. If services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment.- Invoices must reference the Agreement number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. c. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. C5760-1617-053 -THE CELEBRATION SOURCE, INC.