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5.. COMPENSATION, As the: entire compensation under this°. Agreement and: during the term.of'this.Agreement„ in whatever capacity rendered„the City shall_.pay Contractor an amount not to exceed. Six Hundred, Fifty Thousand Dollars (5650,000.00), far the performance of the Services.. Payment to Contractor: for all charges and tasks under this. Agreement: shall be in accordance; with. this Agreement and the schedule of charges reflected. in.Request for Proposal. No., 12-05-01„ and the: Contractor's response thereto, which is incorporated.herein.by reference, and under the following conditions:; a. DiShursemenfs. There are no reimbursable expenses' associated with this contract: b., Payment Schedule.. Invoices received from_ the Contractor pursuant to this Agreement will be: reviewed by the initiating. City Department.. If services have. been ren.deredd,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. Availability 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. ityCommission. In the event the City Commission fails to,appropriate funds for the particular purpose of this Agreement during any year of the term hereof, then this Agreement shall be terminated upon: ten (10) days written notice and the Contractor shall be compensated for the Services satisfactorily performed prior to the effective date of termination. d. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor'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 Contractor. Contractor 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 Contractor 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 Contractor. Contractor 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 Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 6. ADDITIONAL SERVICES. All payments to Contractor shall be based on invoices submitted to the City. The City shall only reimburse Contractor for services authorized pursuant to this Agreement. Any additional work performed by Contractor that is outside the Scope of C1112-057—LUKES-SAWGRASS LANDSCAPING Page 2 of 8 'S I B Lukes' Lan4F^"ring, Inc. `''Y%