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<br />. .. <br />(305) 947-0606 phone (305) 949-3113 Fax <br /> <br />c. The maximum compensation for these services is FORTY -ONE THOUSAND ONE <br />HUNDRED SEVENTY -FIVE AND NO/100 DOLLARS ($41,175.00), which sum <br />includes a maximum reimbursable expense of ONE THOUSAND TWO HUNDRED AND <br />NO/100 DOLLARS ($1,200.00), payable in monthly installments as invoiced. <br /> <br />3. TERM. Subject to the provisions relating to the termination of this Agreement as set <br />forth in Paragraph 8 hereunder, the term of this Agreement shall be from November 1, 2002, to <br />November 1, 2003, and shall begin within ten (10) days after notification to proceed. This <br />Agreement may be renewed for additional one-year periods. Any change in fee, terms or <br />conditions shall be accomplished by written amendment to this contract. <br /> <br />4. COMPENSATION. Payment to Consultant for all charges and tasks under this <br />Agreement shall be in accordance with this Agreement and the schedule of charges reflected in <br />Exhibit "A", which fee shall be disbursed on a monthly basis and under the following conditions: <br /> <br />a. Disbursements. Maximum reimbursable expenses associated with this contract <br />are Twelve Hundred and No/l 00 Dollars ($1,200). <br /> <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 /> <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 /> <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 finaVlast <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 and other additional charges, if not properly included on <br />this final invoice are waived by the Consultant. <br /> <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 /> <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 /> <br />Page 2 of9 <br /> <br />Landscaping-Irrigation Consulting Agreement O'leary <br />