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Reso 2018-2806
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Reso 2018-2806
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Last modified
6/14/2018 11:23:11 AM
Creation date
5/2/2018 11:51:05 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2018-2806
Date (mm/dd/yyyy)
04/19/2018
Description
Waive Bid Req. & Agmt w/ Econolite for Adaptive Signalization Equipment
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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 /> 4. CONTRACT MODIFICATIONS. The following contract modifications shall be made <br /> to the agreement between the City and the Contractor from the MDC Contract: <br /> I. COMPENSATION. The Contractor agrees to provide the desired Services to the City in <br /> a total amount not to exceed One Million Twenty Six Thousand Three Hundred Ninety <br /> Eight Dollars and Ninety Cents ($1,026,398.90), in addition to a contingency amount of <br /> Fifty One Thousand Three Hundred Nineteen Dollars and Ninety Five Cents($51,319.95), <br /> bringing the total contract amount not to exceed One Million Seventy Seven Thousand <br /> Seven Hundred Eighteen Dollars and Eighty Five Cents ($1,077,718.85) for all charges <br /> and tasks under this Agreement. Payment to Contractor for all charges and tasks under this <br /> Agreement shall be in accordance with this Agreement and the schedule of charges <br /> reflected in Exhibit "B", and under the following conditions: <br /> a. Disbursements. There are no reimbursable expenses associated with this contract <br /> except for expenses approved by the City Manager. <br /> b. Payment Schedule. Invoices received from the Contractor pursuant to this <br /> Agreement will be reviewed by the initiating City Department. Payments shall <br /> made only after completion of each quarterly service period. If services have been <br /> rendered in conformity with the Agreement, the invoice will be sent to the Finance <br /> Department for payment. Invoices must reference the contract number assigned <br /> hereto. Invoices Will be paid in accordance with the State of Florida Prompt <br /> Payment Act. The City will pay properly submitted Contractor invoices following <br /> each quarterly period within 30 (thirty)days of receipt, for completed and accepted <br /> deliveries or specified services and/or goods, unless the City notifies the Contractor <br /> in writing of the dispute, before the payment is due. <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. If the City should not appropriate or otherwise make available funds <br /> sufficient to purchase the Services procured pursuant to this Agreement, the City <br /> may unilaterally terminate any and all contractual or other obligations herein <br /> without any further liability or penalty upon twenty (20) days' notice to Contractor. <br /> d. 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 <br /> charges and costs have been invoiced to the City. Since this account will thereupon <br /> be closed, any other additional charges, if not properly included on this final <br /> invoice, are waived by the Contractor. <br /> Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, <br /> permits,overhead or any other expenses or costs unless any such expense or cost is incurred <br /> by Contractor with the prior written approval of the City. If the City disputes any charges <br /> on the invoices, it may make payment of the uncontested amounts and withhold payment <br /> on the contested amounts until they are resolved by agreement with Contractor. Contractor <br /> shall not pledge the City's credit or make it a guarantor of payment or surety for any <br /> contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor <br /> 073-6759 Econolite Control Products.Inc. 2 <br />
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