Laserfiche WebLink
<br />City of Sunny Isles Beach <br /> <br />18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <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 Attachment "A", <br />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 Consultant 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 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 />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 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 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 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 tenns 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 />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 shal I be construed to constitute or to render the Consultant an employee, partner, <br />agent, shareholder, officer or in any other capacity other than as an independent Consultant other <br />than those obligations which have been or shall have been undertaken by the City, Consultant shall <br />be responsible for any and all of its own expenses in performing its duties as contemplated under this <br /> <br />C0607-102 Sunny Isles Beach City Hall Improvements Agreement <br />Page 2 01'9 <br /> <br />s\~ <br />