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Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97
<br />=- -`:= City of Pembroke Pines
<br />by the CITY, the CITY shall receive the same. Final payment due the CONTRACTOR shall be
<br />withheld until inspection is made by the CITY and merits of performance evaluated. This total
<br />acceptance will be done in a reasonable and timely manner. Upon acceptance, CONTRACTOR
<br />shall submit to CITY an invoice for the Commodities provided and CITY, upon approval of the
<br />invoice, shall pay the same within thirty (30) days.
<br />4.2 If any of the Services is required to be rejected for any reason, the CONTRACTOR shall
<br />be required to perform the Services to the satisfaction of the CITY. CITY shall pay
<br />CONTRACTOR monthly in accordance with the Florida Prompt Payment Act. Additionally,
<br />payment may be withheld by the City Manager, for failure of CONTRACTOR to comply with a
<br />term, condition or requirement of this Agreement.
<br />4.3 All payments shall be governed by the Local Government Prompt Payment Act, as set forth
<br />in Part VII, Chapter 218, Florida Statutes.
<br />ARTICLE 5
<br />GUARANTEE OF SERVICES
<br />5.1 CONTRACTOR warrants and guarantees that the Services provided, and each individual
<br />good or item, including all components and all installed accessories and equipment, shall be fit for
<br />the intended use of the Commodities and CONTRACTOR shall provide a warranty as to fitness
<br />of the Commodities for a period of one hundred and eighty (180) days or the time designated in
<br />the standard factory warranty or the time designated in Exhibit 'W', whichever is longer. The
<br />warranty will cover parts, labor and any necessary shipping for repair or replacement of the
<br />Commodities, or each individual good or item, including all components and all installed
<br />accessories and equipment.
<br />ARTICLE 6
<br />INDEMNIFICATION
<br />6.1 CONTRACTOR shall indemnify and hold harmless the CITY, its officers, agents, assigns,
<br />employees, consultants, separate contractors, any of their subcontractors, and sub -subcontractors
<br />from and against claims, demands, or causes of action whatsoever, and the resulting losses,
<br />damages, costs and expenses, including but not limited to attorneys' fees, including paralegal
<br />expenses, liabilities, damages, orders, judgments, or decrees, sustained by the CITY arising out of
<br />or resulting from performance of this Agreement, the failure of CONTRACTOR to take out and
<br />maintain insurance as required under this Agreement, and any negligent act or omission of
<br />CONTRACTOR, its employees, agents, partners, principals, subcontractors, and officers. The
<br />CONTRACTOR shall pay all claims and losses in connection therewith and shall investigate and
<br />defend all claims, suits or actions of any kind or nature in the name of the CITY, where applicable,
<br />including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may
<br />issue thereon.
<br />Page 5 of 21 LR-2021-06
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