Reso 2011-1782 - Laserfiche WebLink

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City Manager or his designee. No such additional work shall be done or paid for without the specific prior written approval of the City Manager or his designee. 5. TERM. The term of this Agreement shall begin upon the execution of this Agreement by both parties and shall end upon completion of the Services. 6. COMPENSATION. As the entire compensation under this Agreement and during the terms of this Agreement, in whatever capacity rendered, the City shall pay Contractor an amount not to exceed $434,532.50 (Four Hundred Thirty Four Thousand Five Hundred Thirty Two Dollars and Fifty Cents) for the performance of the stated Services. Payment to Consultant for all charges and tasks under this Agreement shall be in accordance with this Agreement and the schedule of charges reflected in Attachment "A" and under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract. b. Payment Schedule. Invoices received from the Consultant pursuant to this Agreement will be reviewed by the initiating City Department. If services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. c. A vailability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. d. Final Invoice. In order for both parties herein to close their books and records, the Consultant will clearly state "final invoice" on the Consultant's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Consultant. Consultant shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Consultant with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Consultant. Consultant shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Consultant further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 7. INDEPENDENT CONTRACTOR RELATIONSIDP. The Consultant IS an independent contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Consultant an employee, partner, agent, shareholder, officer or in any other capacity other than as an Page 2 of II , "'-. v CIOII-066 Calvin, Giordano & Associates, Inc. Project Management Agreement for the Pier