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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 />the City accordingly. Contractor agrees to immediately inform the City via telephone and in <br />writing of any problems that could cause damage to the City's property, improvements and <br />persons. Contractor will require its employees to perform their work in a manner befitting the <br />type and scope of work to be performed. In the event that the Contractor fails to complete the <br />Services pursuant to the terms of this contract and City must undertake the completion of <br />performance of Services, Contractor agrees to indemnify the City for all costs incurred with <br />respect to the completion of those Services and any damages the City may suffer as a result of <br />the Contractor's failure to perform the Services. <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 shall end no later than March 31, 2009. The term of this Agreement may be <br />extended for an additional term at the option of the City. Payment will be made only for work <br />completed to the satisfaction of the City. Contractor is to commence performance of work on the <br />Commencement Date and continue in a diligent manner until work is complete. Contractor <br />acknowledges that compliance with the commencement and completion schedule is the essence <br />of this Agreement. The terms of Sections 19 and 20 entitled "Indemnification and Waiver of <br />Liability," and "Compliance with Law," respectively, shall survive termination of this <br />Agreement. <br /> <br />4. COMPENSATION. Payment to Contractor 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 fee shall be disbursed 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 Contractor 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 Contractor will clearly state "final invoice" on the Contractor'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 Contractor. <br />2 <br /> <br />C0809-009 Southeastern Engineering Contractors Agreement <br />