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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 /> Consultant possesses all of the required licenses and certificates of competency required by the <br /> State of Florida and Miami-Dade County to perform the Services herein described. <br /> 1.4. TERM. Subject to the provisions relating to the termination of this Agreement as set <br /> forth hereunder, this Agreement shall commence upon execution of this Agreement by both <br /> parties and shall be for an initial term of three (3) years with the option to renew the contract for <br /> one (1) additional two (2) year period, for a total of five (5) years. Services under this Agreement <br /> shall commence upon the issuance of Notice to Proceed from the City Manager or designee. <br /> 1_5. COMPENSATION. Consultant acknowledges that this is a contingent services contract <br /> and that no payments will be made or due from the City unless Consultant is specifically engaged <br /> by the City for a specific emergency. All payments to be made hereunder shall be paid in <br /> accordance with the Fee Schedule contained in Consultant's Response to Request for Proposal <br /> 18-04-03, attached hereto as Attachment"A" and incorporated herein by reference. All invoices <br /> and payments shall be for Services completed pursuant to this Agreement after submission of <br /> invoices to the City. All invoices shall be submitted in accordance with Request for Proposal 18- <br /> 04-03. <br /> The City will pay properly submitted invoices within thirty (30) days of receipt, for completed <br /> and accepted Services, unless the City notifies the Consultant in writing of the dispute, before the <br /> payment is due. Invoice format and documentation should be acceptable for FEMA <br /> reimbursement. The City will not pay and/or reimburse any additional costs including, but not <br /> limited to, travel, mileage, lodging, meals, and other travel and subsistence expenses. The <br /> Consultant should submit regular invoices for no more than 30-day periods. Invoices will be <br /> subject to verification and approval by the department requesting the service. The City's <br /> performance and obligation to pay under this Agreement is contingent upon an annual <br /> appropriation for its purpose by the City Commission. The Consultant shall make no other <br /> charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or <br /> costs unless any such expense or cost is incurred by Consultant with the prior written approval of <br /> the City. If the City disputes any charges on the invoices, it may make payment of the uncontested <br /> amounts and withhold payment on the contested amounts until they are resolved by agreement <br /> with Consultant. There are no reimbursable expenses associated with this Agreement. <br /> 1.6. TIME IS OF THE ESSENCE. All parties agree that time is of the essence. The <br /> Consultant must provide sufficient equipment and labor, based on the magnitude of the disaster <br /> and information from damage assessments, necessary to meet the City's timelines as follows: 1) <br /> clearing of primary rights-of-way within 24 hours of receiving the task order;2)removal of debris <br /> started within 48 hours of receiving the task order; 3) removal of debris must be underway in all <br /> zones within 70 hours; and 4) all debris removal operations must be completed within 10 days. <br /> Failure to provide the specified equipment, labor and materials, and to initiate the work staffed <br /> and equipped in accordance with the equipment schedules at 50% capacity within the first 24 <br /> hours, and 100% capacity within the first 48 hours following issuance of each task order by the <br /> City Manager or his designee, shall result in the City making a claim against the Consultant's <br /> Performance Bond in the amount of the cost per hour of each crew as defined in the Revised Fee <br /> Schedule Form for each hour exceeding the 24 hour cutoff where the Consultant is failing to <br /> 6617-096 TIDAL BASIN GVT.CONSULTING.LLC. <br /> 2 <br />