Reso 2016-2556 - Laserfiche WebLink

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4. COMPENSATION. The Contractor agrees to provide the Services in a total amount not to exceed Sixty One Thousand Eight Hundred Eighty Five Dollars ($61,885.00), in addition to a contingency amount of ten percent (10%), bringing the total contract amount not to exceed Sixty Eight Thousand Seventy Three Dollars and Fifty Cents ($68,073.50) ("Compensation"). Any use of contingency funds are subject to pre-approval by the City Manager or his designee. Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with this Agreement and a schedule of charges reflected in Attachment "A" and under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract. b. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. If services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. The City will pay properly submitted Contractor invoices within 30 (thirty) days of receipt, for completed and accepted deliveries or specified services and/or goods, unless the City notifies the Contractor in writing of the dispute, before the payment is due. c. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. d. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 5. LIQUIDATED DAMAGES. Upon failure of Contractor to achieve final completion of the Services within ninety (90) days from the issuance of a Notice to Proceed from the City Manager or his designee, Contractor shall pay to the City the sum of Four Hundred Dollars ($400.00) for each calendar day after this deadline for completion until the Services are complete. These amounts are not penalties but are liquidated damages to the City for its inability to obtain beneficial occupancy and/or use of the Services. Liquidated damages C6202-1516-071 MOSAICIST.INC. Page 2 of 9 S r,,.