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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 />will require its employees to perform their work in a manner befitting the type and scope of work <br />to be performed. In the event that the Contractor fails to complete the Services pursuant to the <br />terms of this contract and City must undertake the completion of performance of Services, <br />Contractor agrees to indemnify the City for all costs incurred with respect to the completion of <br />those Services and any damages the City may suffer as a result of the Contractor's failure to <br />perform the Services. <br />3. TERM. Subject to the provisions relating to the termination of this Agreement as set <br />forth hereunder, the term of this Agreement shall begin upon full execution of this Agreement, and <br />shall remain in effect for an initial three (3) year term. <br />The City shall have the option at its sole discretion to renew the Agreement for an additional two <br />(2) one (1) year renewal terms. <br />Payment will be made only for work completed to the satisfaction of the City. Contractor is to <br />commence performance of work from the date of this agreement and continue in a diligent manner <br />until completion of the Services. Contractor acknowledges that compliance with the <br />commencement and completion schedule is the essence of this Agreement. The terms of Sections <br />18 and 19 entitled "Indemnification and Waiver of Liability," and "Compliance with Law," <br />respectively, shall survive termination of this Agreement. <br />4. COMPENSATION. During the term of this Agreement, in whatever capacity rendered, <br />the City shall pay Contractor for Services performed under this Agreement in an amount not to <br />exceed Four Hundred Seven Thousand Dollars ($407,000.00), which amount includes One <br />Hundred Fifty Seven Thousand Dollars ($157,000.00) as compensation for the Services in year <br />one ("Year One Compensation"), One Hundred Twenty Five Thousand Dollars ($125,000.00) as <br />compensation for the Services in year two ("Year Two Compensation"), and One Hundred Twenty <br />Five Thousand Dollars ($125,000.00) as compensation for the Services in year three ("Year Three <br />Compensation"). Payment to Contractor for all charges and tasks under this Agreement shall be <br />in accordance with the Contract Dociunents and. the schedule of charges as reflected in Attachment <br />"A", 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 />a. Payment Schedule. Invoices received from the Contractor pursuant to this <br />Agreement will be reviewed by the initiating City Department. Upon full execution <br />of this Agreement, payment of a deposit shall be made by the City to the Contractor <br />in the amount of Fifty Percent (50%) of Year One Compensation. Upon successful <br />installation of the Services by the Contractor, the City shall pay Contractor Twenty <br />Five Percent (25%) of Year One Compensation. The remainder Twenty Five <br />Percent (25%) balance shall be paid by the City following the removal and full <br />satisfaction of the Services by the Contractor. <br />For years two and three of the initial term, the payment schedule shall be as follows: <br />Twenty Five Percent (25%) of that year's compensation upon on the anniversary of <br />the execution date of the Agreement, Fifty (50%) of that year's compensation upon <br />successful installation of the Services, and the remaining Twenty Five Percent <br />Light `Er Up LLC <br />