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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br /> (305) 947-0606 phone (305) 949-3113 Fax <br /> Notwithstanding the foregoing,the City agrees to furnish the crane to assist in the installation <br /> of the sculpture. <br /> 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth <br /> hereunder, the term of this Agreement shall begin upon the execution date of this Agreement and <br /> the Services shall be required to be completed no later than five(5)months from the date of issuance <br /> of Notice to Proceed from the City Manager or his designee. Contractor acknowledges that <br /> compliance with the commencement and completion schedule is the essence of this Agreement. <br /> 4. COMPENSATION. The Contractor agrees to provide the desired Services of restoration, <br /> repair, and installation to the City in a total amount not to exceed Fifty Three Thousand Dollars <br /> ($53,000.00). The City agrees to pay the Contractor the additional sum of Two Thousand Eight <br /> Hundred Dollars ($2,800) for an annual maintenance plan. Payment to Contractor for all charges <br /> and tasks under this Agreement shall be in accordance with this Agreement and the schedule of <br /> charges reflected in Attachment "A" and under the following conditions: <br /> a. Disbursements. There are no reimbursable expenses associated with this contract. <br /> b. Payment Schedule. Compensation shall be provided in three installments: (1) <br /> $20,000 upon execution of the Agreement; (2) $16,500 upon the completion of the <br /> mold; (3) $16,500 upon complete installation and approval by the City. Invoices <br /> received from the Contractor pursuant to this Agreement will be reviewed by the <br /> initiating City Department. Payment will not be disbursed until completion of <br /> service. If services have been rendered in conformity with the Agreement,the invoice <br /> will be sent to the Finance Department for payment. Invoices must reference the <br /> contract number assigned hereto. Invoices will be paid in accordance with the State <br /> of Florida Prompt Payment Act. <br /> c. Availability of Funds. The City's performance and obligation to pay under this <br /> Agreement is contingent upon an annual appropriation for its purpose by the City <br /> Commission. <br /> d. Hurricane/Severe Weather Contingency. The City agrees that in the event of a <br /> hurricane or severe weather condition that is announced in advance that is to affect <br /> the geographical area of the Project, the City may contact the Contractor to assess <br /> the threat to ensure safe conditions as set forth in Attachment "A". If consultation <br /> services are required, the City agrees to pay the Contractor an amount not to exceed <br /> One Thousand Two Hundred Dollars ($1,200) per intervention. <br /> e. Final Invoice. In order for both parties herein to close their books and records, the <br /> Contractor will clearly state "final invoice" on the Contractor's final/last billing to <br /> the City. This certifies that all services have been properly performed and all charges <br /> and costs have been invoiced to the City. Since this account will thereupon be closed, <br /> 072-2853 —0. Haligon Fine Art Studio, Inc. 2 <br />