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<br />" , <br /> <br />City of Sunny Isles Beach <br /> <br />17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br /> <br />2. TERM. Subject to the provisions relating to the termination of this Contract as set forth <br />in Paragraph 10, hereunder, the term of this Contract shall be for 90 days and shall begin within <br />ten (10) days after notification to proceed. Any change in fee, terms or conditions shall be <br />accomplished by written amendment to this contract. <br /> <br />3. LIOUIDA TED DAMAGES. Should Contractor fail to complete the required <br />construction as specified herein within the times specified, (allowed extensions, if any, included), <br />the City will suffer damage, the amount of which is difficult, if not impossible to ascertain. <br />Therefore Contractor hereby agrees to pay the City, as liquidated damages, the sum of Five <br />Hundred and No/lOO dollars ($500.00) for each calendar day of delay that actual completion <br />extends beyond the time limit specified. <br /> <br />4. COM:e NSATION. The total price for these services, as specified in Exhibit "A" <br />hereto, shal not exceed Eighty-Eight Thousand Fifty-Six and 38/100 Dollars ($88,056.38) <br />payable: monthly 0 as invoiced. Payment to Contractor for all charges and tasks under this <br />Contract shall be in accordance with this Contract 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. There are no reimbursable expenses associated with this contract. <br /> <br />b. Payment Schedule. Invoices received from the Contractor pursuant to this <br />Contract will be reviewed by the initiating City Department. If services have <br />been rendered in confo,:,mity with the Contract, 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 />Contract 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 Contractor will clearly state "final invoice" on the Contractor'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 and other additional charges, if not properly included on <br />this final invoice are waived by the Contractor. <br /> <br />Contractor 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 />Contractor 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 Contract with Contractor. <br /> <br />Contractor shall not pledge the City's credit or make it a guarantor of payment or surety <br />for any contract, debt, obligation, judgnlent, lien, or any form of indebtedness. The Contractor <br />2 <br /> <br />Tenex Construction Term Contract B <br />Attomey/Contractslch <br />