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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 />The terms of Section 17, entitled "Indemnification and Waiver of Liability," Section 24, entitled <br />"Compliance with Law," Section 13, entitled "Warranty," and Section 14, entitled "Defective <br />Work," and those specifically provided for in the Contract Documents, shall survive termination <br />of this Agreement. <br />5. COMPENSATION. During the term of this Agreement, the City shall pay Contractor for <br />Services performed under this Agreement, an amount of Two Hundred Forty Thousand Three <br />Hundred Twenty -Five Dollars and No Cents ($240,325.00), plus Nine Thousand Six Hundred <br />Seventy -Five Dollars and No Cents ($9,675.00), as a contingency amount, if necessary, resulting <br />in a total not -to -exceed amount of Two Hundred Fifty Thousand Dollars and No Cents <br />($250,000.00). Payment to Contractor for all charges and tasks under this Agreement shall be in <br />accordance with the Contract Documents, 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 />B. Payment Schedule- Contractor agrees to the following milestone payment terms <br />for the 2026 Holiday Season: <br />1. 25% deposit upon execution of this Agreement by all Parties. <br />2. 7.5% payment at completion of parks and rights -of -way tree wrapping, and <br />pole decorations, contingent on satisfactory walk-through inspection by <br />City. <br />3. 7.5% payment at completion of entrance way decorations and parks <br />decorations, contingent on satisfactory walkthrough inspection by City. <br />Lines 1 through 3 must be completed by November 02, 2026. <br />4. 10% payment on December 1, 2026, provided holiday decorations are <br />functioning satisfactorily. <br />5. 10% payment on December 15, 2026, provided holiday decorations are <br />functioning satisfactorily. <br />6. 40% payment at take -down of all decorations by Contractor, which must be <br />completed by January 31, 2027. <br />Invoices received from the Contractor pursuant to this Agreement will be reviewed <br />by the initiating City Department. Invoices must reference the contract number <br />assigned hereto. Invoices will be paid in accordance with the State of Florida <br />Prompt Payment Act. The City will pay properly submitted Contractor invoices <br />following each monthly period within 30 (thirty) days of receipt, for completed <br />Services, unless the City notifies the Contractor in writing of the dispute, before the <br />payment is due. <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 />ALL SEASONS IMPORTS, INC. DB/A THE CHRISTMAS PALACE 3 <br />