Reso 2017-2697 - 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 possesses all of the required licenses and certificates of competency required by the State of Florida and Miami-Dade County to perform the Services herein described. 1.4. TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder,this Agreement shall commence upon execution of this Agreement by both parties and shall be for an initial term of(3) three years with (2) two optional (1) one year renewal terms. 1.5. COMPENSATION. Contractor acknowledges that this is a contingent services contract and that no payments will be made or due from the City unless Contractor is specifically engaged by the City for a specific emergency. All payments to be made hereunder shall be paid in accordance with the Revised Fee Schedule contained in Contractor's Response to Sealed Bid No. 14-06-02, attached hereto as Attachment "A" and incorporated herein by reference. All invoices and payments shall be for Services completed pursuant to this Agreement after submission of invoices to the City. All invoices shall be submitted in accordance with Sealed Bid No. 14-06-02. The City will pay properly submitted invoices within thirty(30)days of receipt, for completed and accepted Services, unless the City notifies the Contractor in writing of the dispute, before the payment is due. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. 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 uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. There are no reimbursable expenses associated with this Agreement. 1.6. PERFORMANCE BOND. Contractor shall furnish an acceptable performance bond complying with the statutory requirements set forth in Chapter 255.05, Florida Statutes, in the total amount of the Services to be performed, upon execution of each task order issued by the City Manager or his designee. A fully authorized Surety, licensed by the State of Florida, shall execute the performance bond. The performance bond shall remain in effect for the full duration of Services covered by each task order issued by the City Manager or his designee. 1.7. TIME IS OF THE ESSENCE. All parties agree that time is of the essence. The Contractor must provide sufficient equipment and labor, based on the magnitude of the storm and information from damage assessments, necessary to meet the City's timelines 'as follows: 1) clearing of primary rights-of-way within 24 hours of receiving the task order; 2) removal of debris started within 48 hours of receiving the task order; 3) removal of debris must be underway in all • zones within 72 hours; and 4) all debris removal operations must be completed within 30 days. Failure to provide the specified equipment, labor and materials, and to initiate the work staffed and equipped in accordance with the equipment schedules at 50% capacity within the first 24 hours, and 100% capacity within the first 48 hours following issuance of each task order by the City Manager or his designee, shall result in the City making a claim against the Contractor's Performance Bond in the amount of the cost per hour of each crew as defined in the Revised Fee Schedule Form for each hour exceeding the 24 hour cutoff where the Contractor is failing to • operate, or is operating at less than the response levels specified herein. Contractor shall not be liable for unavoidable delays beyond their reasonable control. n. 1 L)