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Reso 2018-2824
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Reso 2018-2824
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Last modified
7/6/2018 10:44:01 AM
Creation date
5/22/2018 4:05:20 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2018-2824
Date (mm/dd/yyyy)
05/17/2018
Description
Awd RFP No. 18-04-03 Debris Monitoring Services & Auth Auth CM to Negotiate & Exe Agmt
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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 /> Consultants providing services hereunder(if any)procures and maintains, until the completion of <br /> the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO <br /> • THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN <br /> WRITING BY THE CITY. <br /> 1.10. TERMINATION AND REMEDIES FOR BREACH. <br /> A. The Consultant agrees that the upon receipt of the Notice to Proceed (NTP) from <br /> the City Manager or designee, the primary Consultant will have twelve (12) hours <br /> to contact the City in response to the NTP and twenty-four (24) hours to <br /> substantially mobilize or begin performance under the terms of this Agreement. <br /> The City reserves the right to pursue secondary Consultant for Services if primary <br /> Consultant either fails to mobilize or begin performance under the terms of this <br /> Agreement. If, through any cause within reasonable control, the Consultant shall <br /> fail to fulfill in a timely manner or otherwise violate any of the covenants, <br /> agreements or stipulations material to this Agreement, the City shall have the right <br /> to terminate the Services then remaining to be performed. Prior to the exercise of <br /> its option to terminate for cause, the City shall notify the Consultant of its violation <br /> of the particular terms of the Agreement and grant Consultant ten (10)days to cure <br /> such default. If the default remains uncured after ten (10) days the City may <br /> terminate this Agreement. If Consultant fails, refuses or is unable to perform any <br /> term of this Agreement, City shall pay for services rendered as of the date of <br /> termination. <br /> LU In the event of termination, all finished and unfinished documents, data and <br /> other work product prepared by Consultant shall be delivered to the City and <br /> the City shall compensate the Consultant for all Services satisfactorily <br /> performed prior to the date of termination. <br /> B. Termination for Convenience of City. The City may, for its convenience and <br /> without cause terminate the Services then remaining to be performed at any time <br /> by giving Consultant ten(10)days written notice. In the event of such a termination <br /> without cause, the Consultant shall be compensated for all services performed to <br /> the City's satisfaction and prior to termination. Upon receipt of the notice of <br /> termination for convenience, Consultant shall promptly discontinue all work and, <br /> to the extent indicated on the notice of termination, shall terminate all outstanding <br /> subcontracts and purchase orders as they relate to the terminated portion of the <br /> Contract, shall refrain from placing further orders and/or contracting with <br /> subConsultants, and shall complete any continued portions of the work. The terms <br /> of Paragraph 1.1 1A(i) and A(ii) above shall be applicable hereunder. <br /> C. Termination for Insolvency. The City also reserves the right to terminate the <br /> remaining Services to be performed in the event the Consultant is placed either in <br /> voluntary or involuntary bankruptcy or makes any assignment for the benefit of <br /> creditors. <br /> 6835-095 DISASTER PROGRAMS&OPERATIONS.INC. <br /> 4 <br />
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