Reso 2008-1323 - Laserfiche WebLink

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" invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. 1.5. PERFORMANCE BOND. All Parties agree that time is of the essence. The Contractor shall furnish a performance bond executed by a surety company duly authorized to do business in the State of Florida, which shall be countersigned by an agent for the company who is a resident of the State, as security for the payment of persons performing labor and furnishing materials in connection with this Agreement. The performance bond shall be made payable to the City of Sunny Isles Beach in the amount of $500,000.00 (five hundred thousand dollars) ensuring the Contractor's faithful performance of its obligations under this Agreement and as security for the payment of persons performing labor and furnishing materials in connection with this Agreement. The Contractor shall obtain a performance bond from a surety company licensed by the State of Florida and listed in the current Department of the Treasury Circular 570, The surety shall have a minimum rating classification of "B+" as evaluated in the current A.M, Best's key Rating Guide. All Parties agree that the City shall pay the annual performance bond premium cost and that in the event of debris cleaning and removal services rendered by Contractor under this Agreement, the Contractor shall reimburse the City for all bond premiums paid to date. 1.6 TIME IS OF THE ESSENCE. All parties agree that time is of the essence. The Contractor must provide sufficient equipment and labor, based on the magnitude of the storm and information from damage assessments, necessary to meet the City's timelines as follows: 1) clearing of primary rights-of-way within 24 hours of receiving Notice to Proceed; 2) removal of debris started within 48 hours of receiving Notice to Proceed; 3) removal of debris must be underway in all three zones within 72 hours; and 4) all debris removal operations must be completed within 30 days. Failure to provide the specified equipment, labor and materials, and to initiate the work staffed and equipped in accordance with the equipment schedules at 50% capacity within the first 24 hours, and 100% capacity within the first 48 hours following Notice to Proceed, shall result in the City making a claim against the Contractor's Performance Bond in the amount of the cost per hour of each crew as defined in Part B of the Fee Schedule Form for each hour exceeding the 24 hour cutoff where the Contractor is failing to operate, or is operating at less than the response levels specified herein. Contractor shall not be liable for unavoidable delays beyond their reasonable control. 1.7. AVAILABILITY OF FUNDS. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. 1.8. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 1.9. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the Contractor pursuant to this Agreement and related Services to this Agreement are intended and represented for the ownership of the City only. Any other use by Contractor or other parties shall be approved in writing by the City. If requested, Contractor shall deliver the documents to the City within fifteen (15) calendar days. 1.10. INDEMNIFICATION. Contractor agrees to indemnify and hold harmless, the City, its officers, agents, and employees from, and against, any and all claims, actions, liabilities, losses and expenses C0708-099 Ashbritt Agreement Page 20f6 ;. I . s.