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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 /> • <br /> a. Disbursements. There are reimbursable expenses associated with this contract in <br /> an amount not to exceed Eight Hundred Dollars ($800.00), which is included in <br /> the not to exceed Compensation amount of Sixty Thousand Dollars ($60,000.00). <br /> However, no additional reimbursable expenses are authorized without the express <br /> written approval in advance from the City Manager or his designee. <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 /> d. Final Imroice. 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 /> 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 /> 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 /> further warrants and represents that it has no obligation or indebtedness that would impair its <br /> • <br /> ability to fulfill the terms of this Agreement. <br /> 5. INDEPENDENT CONTRACTOR RELATIONSHIP. The Consultant is an <br /> independent contractor and shall be treated as such for all purposes. Nothing contained in this <br /> Agreement or any action of the parties shall be construed to constitute or to render the Consultant <br /> an employee, partner, agent, shareholder,'officer or in any other capacity other than as an <br /> independent contractor other than those obligations which have been or shall have been <br /> undertaken by the City. Consultant shall be responsible for any and all of its own expenses in <br /> performing its duties as contemplated under this Agreement. The City shall not be responsible <br /> for any expense incurred by the Consultant. The City shall have no duty to withhold any Federal <br /> income taxes or pay Social Security services and that such obligations shall be that of the <br /> 2 <br /> C0312-1617-026—Calvin.Giordano&Associates,Inc. S B <br />