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<br />services and any damages the City may suffer as a result of the failure of <br />performance by Contractor. <br /> <br />d. The Contractor shall promptly correct all Work rejected by the City as faulty, <br />defective, or failing to conform to this Agreement whether observed before or <br />after substantial completion of the Work, and whether or not fabricated, installed <br />or completed. The Contractor shall bear all costs of correcting such rejected <br />Work. <br /> <br />3. ADDITIONAL SERVICES. If the need for additional work or changes under <br />this Agreement is identified by Contractor during the course of performing its obligations <br />hereunder, Contractor shall set forth such additional work and the cost thereof in a <br />supplemental work order (a "Supplemental Work Order") and submit such Supplemental <br />Work Order for approval by the City. No such additional work shall be done or paid for <br />without the specific prior written approval of the City. <br /> <br />4. TERM. This Agreement shall begin upon execution, and end upon completion, <br />unless terminated sooner pursuant to paragraph 11 of this Agreement. Services shall <br />commence upon execution by both parties and the issuance of a Notice to Proceed. Any <br />change in fee, terms or conditions shall be accomplished by written amendment to this <br />Agreement and approval by the City. <br /> <br />5. COMPENSATION. Payment to Contractor for all charges and tasks under this <br />Agreement shall not exceed a total amount of $141,050.00 (One Hundred Forty-One <br />Thousand Fifty Dollars) in accordance with this Agreement and the schedule of charges <br />reflected in Exhibit "A". This fee to the Contractor shall be disbursed on a monthly basis <br />accompanied by itemized invoices and under the following conditions: <br /> <br />a. Disbursements. There are no reimbursable expenses associated with this <br />contract. <br /> <br />b. Payment Schedule. Invoices received for services rendered in conformity <br />with the Agreement will be sent to the Finance Department for payment. <br />Invoices must reference the contract number assigned hereto. Invoices <br />will be paid in accordance with the State of Florida Prompt Payment Act. <br /> <br />c. Availability of Funds. The City's performance and obligation to pay <br />under this Agreement is contingent upon an annual appropriation for its <br />purpose by the City Commission. <br /> <br />d. Final Invoice. In order for both parties herein to close their books and <br />records, the Contractor will clearly state "final invoice" on the <br />Contractor's final/last billing to the City. This certifies that all services <br />have been properly performed and all charges and costs have been <br />invoiced to the City. Since this account will thereupon be closed, any and <br />