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City of Sunny Isles Bench 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />305)947-0606 phone(305)949-3113 Fax <br />Indemnification and Waiver of Liability"and"Compliance with Law"respectively,shall survive <br />termination of this Agreement. <br />4.COMPENSATION. The Consultant agrees to provide the desired Services to the City, <br />in an amount not to exceed Forty Five Thousand Dollars ($45,000.00)during the initial one(1) <br />year term. Payment to Consultant 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 contract. <br />b. 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 Consultant 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 Consultant in writing <br />of the dispute,before the payment is 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. <br />d. 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, it may make payment of the uncontested amounts and withhold payment on the <br />contested amounts until they are resolved by agreement with Consultant. Consultant shall not <br />pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, <br />obligation,judgment, lien, or any form of indebtedness. The Consultant further warrants and <br />represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms <br />of this Agreement. <br />5. INDEPENDENT CONTRACTOR RELATIONSHIP. The Consultant 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 Consultant <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 />2 7 t"1 <br />1 u t11,1 <br />C6335-1617-00I SEA DIVERSIFIED,INC.