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<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 />3. TERM. Subject to the provisions relating to the termination of this Agreement as set <br />forth hereunder, the term of this Agreement shall begin upon the execution of this Agreement <br />and shall end December 1, 2008. The term of this Agreement may be extended for an additional <br />term at the option of the City. Payment will be made only for work completed to the satisfaction <br />of the City. Consultant is to commence performance of work on the Commencement Date and <br />continue in a diligent manner until work is complete. Consultant acknowledges that compliance <br />with the commencement and completion schedule is the essence of this Agreement. The terms of <br />Sections 19 and 20 entitled "Indemnification and Waiver of Liability," and "Compliance with <br />Law," respectively, shall survive termination of this Agreement. <br /> <br />4. COMPENSATION. Payment to Consultant for all charges and tasks under this <br />Agreement shall be in accordance with this Agreement and the schedule of charges reflected in <br />Attachment "A", which fees shall be disbursed on a monthly basis and under the following <br />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 <br />been rendered in conformity with the Agreement, 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 />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, <br />the Consultant will clearly state "final invoice" on the Consultant'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 other additional charges, if not properly included on this <br />final 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. 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 agreement with Consultant. <br /> <br />Consultant shall not pledge the City's credit or make it a guarantor of payment or surety <br />for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Consultant <br /> <br />2 <br /> <br />C0708-055 O'LEARY RICHARDS DESIGN ASSOCIATES, INC. AGREEMENT <br />