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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br />Agreement shall be in accordance with this Agreement and the schedule of charges reflected in <br />Attachment `B", and under the following conditions: <br />a. Disbursements. There are reimbursable expenses associated with this contract in <br />an amount not to exceed Three Thousand Dollars ($3,000.00), which is included <br />in the not to exceed Compensation amount of One Hundred Four Thousand Fifty - <br />Three Dollars ($104,053.00). However, no reimbursable expenses are authorized <br />without the express written approval in advance from the City Manager or his <br />designee. <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. <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. <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 />further warrants and represents that it has no obligation or indebtedness that would impair its <br />ability to fulfill the terms 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 />undertaken by the City. Consultant 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 />2022-7794 — Architects Design Group <br />