Reso 2013-2092 - Laserfiche WebLink

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4. COMPENSATION. The Contractor agrees to provide the Services in a total amount not to exceed Eighty-Six Thousand Two Hundred Seventy-Four Dollars and Fifty-Seven Cents ($86,274.57) for the performance of the Services. Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with this Agreement and the schedule of charges reflected in Attachment "A" attached hereto, and under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this Agreement. b. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. If services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. c. 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. d. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense• or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 5. LIQUIDATED DAMAGES AND OTHER REMEDIES FOR DELAY. In the event the deadline set forth in the Notice to Proceed is not met, and in the absence of any extended calendar days extension granted by the City Manager or his designee, then the Contractor shall be required to pay a liquidated damage penalty of $400.00 (Four Hundred Dollars) for each calendar day beyond the required deadline, continuing to the time at which the Services are complete. Such amount is the actual cash value agreed upon as the loss to City resulting from Contractor's delay. Additionally, the City shall also he entitled to withhold fifty percent (50%) of the total Compensation to be paid to Contractor until final completion and acceptance of the Services.