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SECTION 13 DRAFT AGREEMENTCITY OF SUNNY ISLES BEACH EMERGENCY DEBRIS CLEARING AND REMOVAL OPERATIONS WITH CONTRACT NO: C0708-_ THIS SERVICE AGREEMENT ("Agreement") made and entered into this day ,2008, by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal corporation of the State of Florida (hereinafter referred as to "City"), and , a , authorized to do business in the State of Florida (hereinafter referred to as "Contractor"). RECITALS WHEREAS, Contractor has expressed the ability and desire to provide Services, subject to the terms and conditions contained herein, and has submitted a proposal to the City as more fully described in Attachment "A", which is attached hereto and made a part hereof; and WHEREAS1 the City's Code provides that any purchase in excess of $25,000.00 requires City Commission approval and compliance with the City's procurement code, which mandates that such purchases must be awarded by competitive Proposing, with certain limited exceptions; and WHEREAS, in response to the City's Request for Proposal No. 08-07-01 and Resolution No. , the City has qualified and selected to be the City's Emergency Debris Clearing and Removal Operations contractor. NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, representations and warranties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 13.1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 13.2. SERVICES. Contractor shall provide to the City, Emergency Debris Clearing and Removal Operations services as more particularly described in Attachment "A" attached hereto and made a part hereof. 13.3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder, this Agreement shall be for a term of three (3) years with two (2) options to renew this Agreement for one (1) year each, and shall commence upon execution by both parties and the issuance of a Notice of Award. The contract will require an annual re-certification and price adjustment based on 80% of the Consumer Price Index (CPI) for the Greater Miami-Dade County Metropolitan Area. 13.4. COMPENSATION. Payment to Contractor for all charges under this Agreement shall be in accordance with this Agreement and the Fee Schedule reflected in Attachment "8". Contractor shall submit invoices on a monthly basis within ten (10) days following the end of each calendar month. City shall pay Contractor only for Services actually performed. The Contractor 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 Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the 62