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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 /> in writing of any problems that could cause damage to the City's property, improvements, <br /> and persons. Contractor will require its employees to perform their work in a manner <br /> befitting the type and scope of work to be performed. <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 execution of this Agreement and <br /> shall end June 8, 2015, thereafter. Payment will be made only for work completed to the <br /> satisfaction of the City. Contractor is to commence performance of work on the <br /> Commencement Date and continue in a diligent manner until work is complete. Contractor <br /> acknowledges that compliance with the commencement and completion schedule is the <br /> essence of this Agreement. The terms of Section 18 and 19 entitled "Indemnification and <br /> Waiver of Liability," and "Compliance with Law," respectively, shall survive termination of <br /> this Agreement. <br /> 4. CANCELLATION POLICY. Should the City decide to cancel the Services for <br /> any reason, it may do so only by notifying Contractor via telephone and e-mail message no <br /> later than Noon on Wednesday, June 3, 2015. In such an event, the City shall have the right to <br /> reschedule the Services on the following Sunday, June 14, 2015 and Contractor will still be <br /> bound by the terms of this Agreement to fully perform for the same mutually agreed upon <br /> price. If the City does not notify Contractor of the cancellation by 7:00 PM on Saturday, June <br /> 6, 2015, the City will still be bound to render full payment to Contractor and Contractor will <br /> be released from any further contractual obligation. <br /> 5. COMPENSATION. As the entire compensation under this Agreement and during the <br /> term of this Agreement, in whatever capacity rendered, the City shall pay Contractor an <br /> amount not to exceed Twenty Eight Thousand Eight Hundred Seventy Dollars ($28,870.00), <br /> for the performance of the Services, for the estimated head count of Three Thousand (3,000) <br /> people. Notwithstanding the foregoing, the parties agree that the City reserves the right to <br /> lower the estimated head count to an amount no lower than Two Thousand Five Hundred <br /> (2,500) people, at the same per person cost, provided the City notifies Contractor of this <br /> lowered head count at least seven (7) calendar days prior to June 7, 2015. In such an event, <br /> the Contractor shall be paid a correspondingly lowered total Compensation amount. Payment <br /> to Contractor for all charges and tasks under this Agreement shall be in accordance with this <br /> Agreement and the schedule of charges reflected in Attachment "A" and under the following <br /> conditions: <br /> a. Disbursements. There are no reimbursable expenses associated with this <br /> contract. <br /> b. Payment Schedule. Invoices received from the Contractor pursuant to this <br /> Agreement will be reviewed by the initiating City Department. 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. Invoices will be paid in accordance with the State of Florida <br /> Prompt Payment Act. The City will pay properly submitted Contractor invoices <br /> within 30 (thirty) days of receipt, for completed and accepted deliveries or <br /> CI314-063 SHORTY'S BBQ.INC. Page 2 of 8 <br />