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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) 949-3113 Fax <br /> <br />b. Payment. Consultant shall be paid an amount not to exceed thirty thousand dollars <br />($30,000.00) for services rendered. Payment shall be provided on a monthly basis <br />upon the submittal of proper invoices. Invoices received from the Consultant <br />pursuant to this Agreement will be reviewed by the City Manager or Designee. If <br />services have been rendered in conformity with the Agreement, the invoice will be <br />sent to the Finance Department for payment. Invoices must reference the contract <br />number assigned hereto. Invoices will be paid in accordance with the State of <br />Florida 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, the <br />Consultant will clearly state "final invoice" on the Consultant's final/last billing to <br />the City. This ce11ifies that all services have been properly performed and all <br />charges and costs have been invoiced to the City. Since this account will thereupon <br />be closed, any and other additional charges, if not properly included on this final <br />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 Manager. If the City disputes any charges on <br />the 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 for <br />any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Consultant fUl1her <br />warrants and represents that it has no obligation or indebtedness that would impair its ability to <br />fulfill the terms of this Agreement. <br /> <br />5. UNDISCLOSED CONDITIONS. In the event that undisclosed conditions are discovered <br />during the performance of this Agi'eement, the City shall have the right to cancel this Agreement <br />upon thirty (30) days written notice to Consultant. Upon termination, the City shall pay Consultant <br />for all work completed prior to termination. <br /> <br />6. INDEPENDENT CONSULTANT RELATIONSHIP. The Consultant is an independent <br />Consultant 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 Consultant an employee, <br />pm1ner, agent, shareholder, officer or in any other capacity other than as an independent Consultant <br />other than those obligations which have been or shall have been undertaken by the City, Consultant <br />shall be responsible for any and all of its own expenses in performing its duties as contemplated <br />under this agreement, except for expenses set f0l1h in Section 4. The City shall not be responsible <br />for any expense incurred by the Consultant. The City shall have no duty to withhold any Federal <br />income taxes or pay Social Security services and that such obligations shall be that of the <br /> <br />2 <br /> <br />SIB <br />