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<br />City of Sunny Isles Beach <br /> <br />18070 Collins A venue, Sunny Isles Beach, Florida 33 160 <br />(305) 947-0606 phone (305) 949-3113 Fax <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 />Agreement will be reviewed by the initiating City Department. If services have been <br />rendered in conformity with the Agreement, the invoice will be sent to the Finance <br />Department for payment. Invoices must reference the contract number assigned <br />hereto. Invoices wi II be paid in accordance with the State of Florida Prompt Payment <br />Act. <br /> <br />c. A vailability 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, the <br />Contractor will clearly state "final invoice" on the Contractor's final/last billing to the <br />City. This certifies that all services have been properly performed and all charges <br />and costs have been invoiced to the City. Since this account will thereupon be <br />closed, any and other additional charges, if not properly included on this final invoice <br />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 contested <br />amounts until they are resolved by agreement with Contractor. <br /> <br />Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for <br />any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further <br />warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill <br />the terms of this Agreement. <br /> <br />5. UNDISCLOSED CONDITIONS. In the event that undisclosed conditions are discovered <br />during the performance of this Agreement, the City shall have the right to cancel this Agreement <br />upon thirty (30) days written notice to Contractor. Upon termination, the City may re-bid the project <br />if the Contractor fails to perform under this Agreement due to the undisclosed conditions. <br /> <br />6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent <br />Contractor and shall be treated as such for all purposes. Nothing contained in this agreement or any <br />action of the parties shall be construed to constitute or to render the Contractor an employee, partner, <br />agent, shareholder, officer or in any other capacity other than as an independent Contractor other than <br />those obligations which have been or shall have been undertaken by the City, Contractor shall be <br />responsible for any and all of its own expenses in performing its duties as contemplated under this <br />agreement. The City shall not be responsible for any expense incurred by the Contractor. The City <br />shall have no duty to withhold any Federal income taxes or pay Social Security services and that such <br />obligations shall be that of the Contractor, other than those set forth in this agreement. Contractor <br /> <br />C0506-0 II Asphalt & Seal coating Agrmt 2 <br /> <br />SIB <br />