Reso 2020-3130 - Laserfiche WebLink

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Commission. In the event the City Commission fails to appropriate finds for the particular purpose of this Agreement during any year of the term hereof, then this Agreement shall be terminated upon twenty (20) days written notice and the Contractor shall be compensated for the Services satisfactorily performed prior to the effective date of termination. e. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 5. MULTIPLE CONTRACTORS. Contractor acknowledges that the City has awarded Services to multiple Contractors (primary and secondary) as available, by line item, by group, or in its entirety. The City will utilize Contractors in order of award. The City may utilize other Contractors in the event that: 1) a Contractor is not or is unable to be in compliance with any contract or delivery requirement; 2) it is in the best interest of the City to do so regardless of reason. In the event that one Contractor (primary or secondary) is deemed to be performing unsatisfactorily as determined by the City, the City may opt to award Services to a Contractor performing to City's approval. 6. PENALTIES FOR UNSATISFACTORY WORK. The Contractor shall promptly correct all apparent and latent deficiencies and/or defects in work, and/or any unsatisfactory work that fails to conform to the contract documents regardless of project completion status ("Unsatisfactory Work"). If Unsatisfactory Work is identified, through planned, random or unannounced inspections, or any other circumstance through which the City becomes aware of Unsatisfactory Work, the Contractor will be notified in writing within two (2) business days. All corrections shall be made within two (2) business days after such rejected defects, deficiencies, and/or Unsatisfactory Work are verbally reported to the Contractor by the City's Project Manager(s), who may confirm all such verbal reports in writing. The Contractor shall bear all costs of correcting such work. If the Contractor fails to correct the Unsatisfactory Work within the period specified, the City may, at its discretion, notify the Contractor, in writing, that the Contractor is subject to contractual default provisions if the corrections are not completed to the satisfaction of the City within one (1) business day of receipt of the notice. If the Contractor fails to correct the work within the period specified in the notice, the City may place the Contractor in default. In addition to random or unannounced inspections, the City will conduct planned inspections each month, which will be conducted prior to the Contractor submitting its monthly invoice. Contract No. 2020-6603-P - BRIGHTVIEW LANDSCAPING SERVICES, INC.3