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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 />and No Cents ($290,000.00). Payment to Contractor for all charges and tasks under this <br />Agreement shall be in accordance with the Contract Documents and the schedule of charges as <br />reflected in Attachment `B," under the following conditions: <br />A. Disbursements. There are no reimbursable expenses associated with this contract <br />except for expenses approved by the City Manager. <br />B. Payment Schedule. Payment to Contractor of the sum set forth herein shall be <br />allocated based upon the following: <br />Execution of Agreement (15%) ......................................$39,295.57 <br />Deliver of Building (60%) ..........................................$157,182.27 <br />Final Completion(25%).................................. ...,$65,492.62 <br />Invoices received from the Contractor pursuant to this Agreement will be reviewed <br />by the initiating City Department. 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 />following each monthly period within 30 (thirty) days of receipt, for completed <br />Services and accepted deliveries, unless the City notifies the Contractor 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. If the City should not appropriate or otherwise make available funds <br />sufficient to purchase the Services procured pursuant to this Agreement, the City <br />may unilaterally terminate any and all contractual or other obligations herein <br />without any further liability or penalty upon twenty (20) days' notice to Contractor. <br />D. Final Invoice. In order for both parties herein to close their books and records, the <br />Contractor will clearly state "final invoice" on the Contractor's final/last billing to <br />the City. This certifies that all services have been properly performed and all <br />charges and costs have been invoiced to the City. Since this account will thereupon <br />be closed, any other additional charges, if not properly included on this final <br />invoice, are waived by the Contractor. <br />Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, <br />overhead, or any other expenses or costs unless any such expense or cost is incurred by Contractor <br />with the prior written approval of the City. If the City disputes any charges on the invoices, it may <br />make payment of the uncontested amounts and withhold payment on the contested amounts until <br />they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or <br />make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any <br />form of indebtedness. The Contractor further warrants and represents that it has no obligation or <br />indebtedness that would impair its ability to fulfill the terms of this Agreement. <br />6. 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 />Team Contracting Inc. 3 292 <br />