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City of Sunnyisles Beach 18070 Collins Avenue,Sunny Isles Beach,Florida 33160 <br /> • • (305)947-0606 phone(305)949.3113 Fax • <br /> 3. TERM. Subject to the provisions relating to the termination of this Agreement as set <br /> forth in Section 9 hereunder,the term of this Agreement shall commence upon the execution of <br /> this Agreement by both parties and shall terminate no later than one(1)year thereafter.Consultant <br /> acknowledges that compliance with the commencement and completion schedule is the essence <br /> of this Agreement. The terms of Sections 16 and 17 entitled"Indemnification and Waiver of <br /> Liability" and"Compliance with Law"respectively,shall survive termination of this Agreement. <br /> 4. )<2.ENEWAL. The parties shall have the option to extend this Agreement for four(4) • <br /> additional one(1)year renewal terms,based upon the City's exercise of these renewal periods. <br /> 5. COMPENSATION. As the entire compensation during the initial one(1)year term, <br /> as well as during any subsequent renewal term(s),in whatever capacity rendered,the City shall <br /> pay Consultant an amount not to exceed Sixty Five Thousand Dollars($65,000.00).Payment to <br /> Consultant 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",which fee shall be disbursed <br /> on a monthly basis and under the following conditions: <br /> a. Payment Schedule. Invoices received from the Consultant 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 /> specified services and/or goods,unless the City notifies the Contractor in writing <br /> of the dispute,before the payment is due. <br /> b. Availability of Funds. The City's performance and obligation to pay under this <br /> Agreement during the initial or any subsequent renewal term is contingent upon <br /> an annual appropriation for its purpose by the City Commission. <br /> c. Final Invoice. In order for both parties herein to close their books and records, <br /> the Consultant will clearly state "final invoice" on the Consultant's final/last <br /> billing to the City. This certifies that all services have been properly performed <br /> and all charges and costs have been invoiced to the City. Since this account will <br /> thereupon be closed,any other additional charges,if not properly included on this <br /> final invoice,are waived by the Consultant. <br /> Consultant shall make no other charges to the City for supplies, labor, taxes, licenses, <br /> permits,overhead or any other expenses or costs unless any such expense or cost is incurred by <br /> Consultant with the prior written approval of the City. If the City disputes any charges on the <br /> invoices, ii may make payment of the uncontested amounts and withhold payment on the <br /> contested amounts until they are resolved by agreement with Consultant. <br /> Consultant shall not pledge the City's credit or make it a guarantor of payment or surety <br /> for any contract,debt,obligation,judgment, lien,or any form of indebtedness. The Consultant <br /> 2 <br /> SIB <br /> 02902.1617-019.O'Leary Richards Design Associates,Inc. <br /> . 1 <br />