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• <br /> City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br /> (305):947-0606 Phone (305) 949-3113 Fax <br /> - completion-of the event. 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 /> for completed and accepted deliveries or specified services and/or goods, unless <br /> - the City-notifies the Contractor in writing Of the dispute, before the payment is <br /> due. - <br /> c. Availability of Funds. The City's performance and obligation to pay under this <br /> Agreement is contingent upon an annual appropriation for its purpose by the City <br /> Commission. In the event the City Commission fails to appropriate funds for the <br /> particular purpose of this Agreement during any year of the term hereof, then this <br /> Agreement shall be terminated upon. ten (10) days written notice and the <br /> Contractor shall be compensated for the Services satisfactorily performed prior <br /> to the effective date of termination. <br /> d. Final Invoice. In order for both parties herein to close their books and records, <br /> the Contractor will clearly state "final invoice" on the Contractor'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 Contractor. <br /> Contractor 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 /> Contractor with the prior written approval of the City. If the City disputes any charges on the <br /> invoices, it may make payment of the uncontested amounts and withhold payment on the <br /> contested amounts until they are resolved by agreement with Contractor. Contractor shall not <br /> pledge the City's credit or make it a guarantdr of payment or surety for any contract, debt, <br /> obligation,judgment, lien, or any form of indebtedness. The Contractor further warrants and <br /> represents that it has no obligation or indebtedness that would impair its ability to fulfill the <br /> terms of this Agreement. <br /> 7. INDEPENDENT CONTRACTOR RELATIONSHIP. The , Contractor is an <br /> independent Contractor and shall be treated as such for all purposes. Nothing contained in this <br /> Agreement or any action of the parties shall be construed to constitute or to render the Contractor <br /> an employee, partner, agent, shareholder, officer or in any other-capacity other than as an <br /> independent Contractor other than those obligations which have been or shall have been <br /> undertaken by the City. Contractor shall be responsible for any and all of its own expenses in <br /> performing its duties as contemplated under this Agreement. The City shall not be responsible <br /> for any expense incurred by the Contractor. The City shall have nodutyto withhold any Federal <br /> income taxes or pay Social Security services;and that such obligations shall be that of the <br /> Contractor, other than those set forth in this Agreement. Contractor shall furnish its own <br /> transportation, office and other supplies as it determines necessary in carrying out its duties <br /> under this Agreement. <br /> C4342-1617-055-SHORTY'S BBQ,INC Page 3 of 9 <br />