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Reso 2019-2926
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Reso 2019-2926
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Last modified
4/4/2019 3:09:55 PM
Creation date
3/22/2019 11:20:03 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2019-2926
Date (mm/dd/yyyy)
03/21/2019
Description
Approve Second Amendment w/Shorty’s Bar-B-Q
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City of Sunny Is/es Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br /> - -(305) 947-0606 Phone (305)949-3113 Fax - <br /> and scope of Services to be performed. <br /> 3. TERM. Subject to the provisions relating to the termination of this Agreement as set <br /> forth hereunder, the initial term of this Agreement shall begin upon execution of this Agreement <br /> and shall end no later than June 17, 2017. Payment will be made only for Services completed <br /> to the satisfaction of the City. Contractor is; to commence performance of work en the <br /> Commencement Date and continue in a diligent manner until Services is complete. Contractor <br /> acknowledges that compliance with the commencement and completion schedule is the essence <br /> of this Agreement. The terms of Section 18 and 19 entitled "Indemnification and Waiver of <br /> Liabiliiy, ' and "Compliance with Law," respectively, shall survive termination of this <br /> Agreement. <br /> 4. OPTIONS TO RENEW. The City shall have the option in its sole discretion to renew <br /> this Agreement for an additional four (4) one (1) year renewal terms. The City shall notify <br /> Contractor in writing by March 31St of the year in which the City elects to renew each available <br /> renewal term. <br /> 5. CANCELLATION POLICY. Should the City decide to cancel the Services for any <br /> reason, it may do so only by notifying Contractor via telephone and e-mail message no later <br /> than 12:00 PM on Tuesday, June 13, 2017. In such an event, the City shall have the right to <br /> reschedule the Services on the following Saturday, June 24, 2017 and Contractor will still be <br /> bound by the terms of this Agreement to fully perform for the same mutually agreed upon price. <br /> If the City does not notify Contractor of the cancellation by 7:00 PM on Friday, June 16, 2017, <br /> the City will still be bound to render full payment to Contractor and Contractor will be released <br /> from any further contractual obligation. <br /> 6. COMPENSATION. As the entire compensation during the initial term of this <br /> Agreement, in whatever capacity rendered, the City shall pay Contractor an amount not to <br /> exceed Thirty Two Thousand Three Hundred Seventy Dollars($32,370.00),for the performance <br /> of the Services, for the estimated head count of Three Thousand (3,000) people. <br /> Notwithstanding the foregoing, the parties agree that the City reserves the right to lower the <br /> estimated head count to an amount no lower than Two Thousand Five Hundred (2,500) people, <br /> at the same per person cost,provided the City notifies Contractor of this lowered head count by <br /> 12:00 PM on June 14, 2017. In such an event, the Contractor shall be paid a correspondingly <br /> lowered total Compensation amount. Payment to Contractor for all charges and tasks under this <br /> Agreement shall be in accordance with this Agreement and the schedule of charges reflected in <br /> Attachment"A" and under the following conditions: <br /> a. Disbursements. There are no reimbursable expenses associated with this <br /> contract. <br /> b. Payment Schedule. The City agrees to pay Contractor a deposit equal to 50% of <br /> the Compensation, in the amount of Sixteen Thousand One Hundred Eighty Five <br /> Dollars($16,185.00), upon the fully executed, signed Agreement by both parties, <br /> and the remainder 50% of the Compensation, i.e., Sixteen Thousand One <br /> Hundred Eighty Five Dollars ($16,185.00), within ten (10) business days of the <br /> SOB <br /> C4342-1617-055-SHORTY'S BBQ,INC Page 2 of 9 <br />
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