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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br /> (305) 947-0606 phone (305) 949-3113 Fax <br /> for all costs incurred with respect to the completion of those Services and any damages the City <br /> may suffer as a result of the Contractor's failure to perform the Services. <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 October 1, 2009 and shall end one (1) <br /> year thereafter with optional one (1) year renewal periods. The optional one (1) year renewal <br /> terms shall renew automatically unless the City provides written notice to the Contractor at least <br /> thirty(30) days prior to the end of the current term that the City does not wish to renew the term. <br /> Payment will be made only for work completed to the satisfaction of the City. Contractor is to <br /> commence performance of work on the Commencement Date and continue in a diligent manner <br /> until work is complete. Contractor acknowledges that compliance with the commencement and <br /> completion schedule is the essence of this Agreement. The terms of Sections 18 and 19 entitled <br /> "Indemnification and Waiver of Liability," and "Compliance with Law," respectively, shall <br /> survive termination of this Agreement. <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 on a quarterly basis, as more fully described in <br /> Attachment"A" and under the following conditions: <br /> a. Disbursements. There are no reimbursable expenses associated with this contract. <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 /> 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 /> 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 /> Contractor 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 /> Contractor with the prior written approval of the City. If the City disputes any charges on the <br /> 2 <br /> C0809-061-TRANE SERVICE AGREEMENT <br />