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satisfaction of the City. Contractor agrees to immediately inform the City via telephone and <br />in writing of any problems that could cause damage to the City's property, improvements, <br />and persons. Contractor will require its employees to perform their work in a manner <br />befitting the type and scope of work to be performed. <br />3. TERM. Subject to the provisions relating to the termination of this Agreement as set <br />forth hereunder, the term of this Agreement shall begin upon execution of this Agreement and <br />shall end June 16, 2014, thereafter. Payment will be made only for work completed to the <br />satisfaction of the City. Contractor is to commence performance of work on the <br />Commencement Date and continue in a diligent manner until work is complete. Contractor <br />acknowledges that compliance with the commencement and completion schedule is the <br />essence of this Agreement. The terms of Section 18 and 19 entitled "Indemnification and <br />Waiver of Liability," and "Compliance with Law," respectively, shall survive termination of <br />this Agreement. <br />4. CANCELLATION POLICY. Should the City decide to cancel the Services for <br />any reason, it may do so only by notifying Contractor via telephone and e-mail message no <br />later than Noon on Wednesday, June 11, 2014. In such an event, the City shall have the right <br />to reschedule the Services on the following Sunday, June 22, 2014 and Contractor will still be <br />bound by the terms of this Agreement to fully perform for the same mutually agreed upon <br />price. If the City does not notify Contractor of the cancellation by 7:00 PM on Saturday, June <br />14, 2014, the City will still be bound to render full payment to Contractor and Contractor will <br />be released from any further contractual obligation. <br />5. COMPENSATION. As the entire compensation under this Agreement and during <br />the term of this Agreement, in whatever capacity rendered, the City shall pay Contractor an <br />amount not to exceed Thirty Six Thousand Dollars ($36,000.00), for the performance of the <br />Services. Payment to Contractor for all charges and tasks under this Agreement shall be in <br />accordance with this Agreement and the schedule of charges reflected in Attachment "A" and <br />under the following conditions: <br />a. Disbursements. There are no reimbursable expenses associated with this <br />contract. <br />b. Payment Schedule. 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. <br />C. Availability of Funds. The City's performance and obligation to pay under <br />this Agreement is contingent upon an annual appropriation for its purpose by <br />the City Commission. In the event the City Commission fails to appropriate <br />funds for the particular purpose of this Agreement during any year of the term <br />hereof, then this Agreement shall be terminated upon ten (10) days written <br />notice and the Contractor shall be compensated for the Services satisfactorily <br />performed prior to the effective date of termination. <br />C1314 -043 SHORTY'S BBQ, INC. Page 2 of 8 <br />