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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 />4. TERM. Subject to the provisions relating to the termination of this Agreement as set <br />forth hereunder, the term of this Agreement shall commence when this Agreement is fully executed <br />by both parties and shall expire on November 1, 2024. <br />Contractor is to commence performance of the Services from the date of this Agreement and <br />continue in a diligent manner until completion of the Services. The terms of Sections 18 and 19 <br />entitled "Indemnification and Waiver of Liability," and "Compliance with Law," respectively, <br />shall survive termination of this Agreement. <br />5. COMPENSATION. During the term of this Agreement, in whatever capacity rendered, <br />the City shall pay Contractor for Services performed under this Agreement, in a total amount not <br />to exceed Fifty -Six Thousand Nine Hundred Twenty -Two Dollars and Sixty -Eight Cents <br />($56,922.68), which amount represents a credit for the deposit of Forty -Seven Thousand Five <br />Hundred Fifty -Four Dollars and Forty -Four Cents ($47,554.44), previously paid by City. The City <br />shall pay the foregoing amount after successful completion of the Services. <br />Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with <br />the Contract Documents and the schedule of charges as reflected in Attachment `B," under the <br />following conditions: <br />A. Disbursements. There are no reimbursable expenses associated with this contract <br />except for expenses approved by the City Manager. <br />B. Payment Schedule. Invoices received from the Contractor pursuant to this <br />Agreement will be reviewed by the initiating City Department. Payment will be <br />made by the City in accordance with the Invoicing provisions contained in <br />Sourcewell's RFP # 031622 attached hereto as Attachment "A." If services have <br />been rendered in conformity with the Agreement, the invoice will be sent to the <br />Finance Department for payment. Invoices must reference the contract number <br />assigned hereto. <br />C. Availability of Funds. The City's performance and obligation to pay under this <br />Agreement is contingent upon an annual appropriation for its purpose by the City <br />Commission. If the City should not appropriate or otherwise make available funds <br />sufficient to purchase the Services procured pursuant to this Agreement, the City <br />may unilaterally terminate any and all contractual or other obligations herein <br />without any further liability or penalty upon twenty (20) days' notice to Contractor. <br />D. Final Invoice. In order for both parties herein to close their books and records, the <br />Contractor will clearly state "final invoice" on the Contractor's final/last billing to <br />the City. This certifies that all services have been properly performed and all <br />charges and costs have been invoiced to the City. Since this account will thereupon <br />be closed, any other additional charges, if not properly included on this final <br />invoice, are waived by the Contractor. <br />BCREMIN HOLDINGS, LLC D/B/A FOREVER LAWN NORTH MIAMI 3 <br />