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<br />City of Sunny Isles Beach <br /> <br />18070 Collins A venue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3 113 Fax <br /> <br />3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in <br />Paragraph 10 hereunder, the term of th is Agreement shall commence upon execution by both parties <br />and the issuance of a Notice to Proceed. Agreement shall terminate upon the completion of Services <br />described in Exhibit "A". Any change in fee, terms or conditions shall be accomplished by written <br />amendment to this contract. <br /> <br />4. COMPENSATION. Payment to Consultant for all charges and tasks under this Agreement <br />shall be in accordance with this Agreement and the schedule of charges reflected in Exhibit "A", <br />which fee shall be disbursed on a monthly basis and under the following conditions: <br /> <br />a. Oisbursements. There are no reimbursable expenses associated with this contract. <br /> <br />b. Payment Schedule. Invoices received from the Consultant pursuant to this <br />Agreement will be reviewed by the initiating City Oepartment. If services have been <br />rendered in conformity with the Agreement, the invoice will be sent to the Finance <br />Oepartment for payment. Invoices must reference the contract number assigned <br />hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment <br />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 />Comm ission. <br /> <br />d. Final Invoice. In order for both parties herein to close their books and records, the <br />Consultant will clearly state "final invoice" on the Consultant's final/last billing to <br />the 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 Consultant. <br /> <br />Consultant shall make no other charges to the City for suppl ies, 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 contested <br />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 for <br />any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Consultant 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 Consultant. Upon termination, the City may re-bid the project <br />if the Consultant fails to perform under this Agreement due to the undisclosed conditions. <br /> <br />Town Center Park Restroom & Lighting Improvements. Doc 2 <br /> <br />SIB <br />