19-3083 Code Enforcement Special Magistrate Agreement - Consalo

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C. The CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences, safety programs, and procedures necessary to properly and fully complete the work set forth in the Scope of Services. D. The CONTRACTOR shall maintain an adequate and competent staff and remain authorized to do business within the State of Florida. SECTION 4 COMPENSATION A. The CONTRACTOR agrees to provide the services, as specified herein, at the hourly rate of $185.00 per hour that includes all administrative, travel, and any other time and materials costs. B. The amount to be paid under this Agreement for services rendered will not exceed FIVE THOUSAND and 00/100 Dollars ($5,000.00) annually, for a total not to exceed amount of FIFTEEN THOUSAND and 00/100 Dollars ($15,000.00) for the term of this Agreement. C. Compensation for services completed by the CONTRACTOR will be paid in accordance with Section 218.70, Florida Statutes; Florida's Prompt Payment Act. D. Services to be performed in accordance with this Agreement are subject to the annual appropriation of funds by the CITY through its annual municipal budgeting process. In its sole discretion and with due cause provided to the CONTRACTOR in writing in advance, the CITY reserves the right to forego use of the CONTRACTOR for any project that may fall within the Scope of Services listed herein. In the event the CITY is not satisfied with the services provided by the CONTRACTOR as provided in writing to the CONTRACTOR for services listed within this Agreement, the CITY shall hold any amounts due, until such time as the CONTRACTOR has appropriately addressed the problem. SECTION 5 WARRANTY The CONTRACTOR warrants that the Services will be performed in a professional and workman -like manner that is consistent with applicable industry standards. This warranty will be in effect for a period of ninety (90) days from the completion of the applicable Services (the "Warranty Period"). If during the Warranty Period, the CONTRACTOR receives written notice from the CITY of non -conformity with the performance of the Services set forth in the Scope of Services, the CONTRACTOR will, at its sole expense, promptly re -perform any Services that fail to meet this limited warranty or refund to the CITY the fees paid for the non -conforming Services. SECTION 6 APPLICABLE LICENSING The CONTRACTOR, at its sole expense, shall obtain and maintain all required federal, state, and local licenses, occupational and otherwise, required to successfully provide the services set forth herein. SECTION 7 STANDARD OF CARE A. The CONTRACTOR has represented to the CITY that it possesses a level of knowledge, experience, and expertise that is commensurate with firms in the areas of practice required for the services to be provided. By executing this Agreement, the CONTRACTOR agrees that the CONTRACTOR will exercise that degree of care, knowledge, skill, and ability as any other similarly -situated contractor possessing the degree of skill, knowledge, experience, and expertise within the local area, working on similar activities. The CONTRACTOR shall perform the services requested in an efficient manner, consistent with the CITY's stated Scope of Services and industry standards. R -F-405 nnnis