Reso 2013-2172 - Laserfiche WebLink

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this Agreement shall be in accordance with this Agreement and the schedule of charges reflected in Attachment "A" and under the following conditions: L Disbursements There are no reimbursable expenses associated with this contract b. Pa meat 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 he paid in accordance with the State of Florida Prompt Payment Act C. Avaflabllity 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. 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 Consultant shall be compensated for the Services satisfactorily performed prior to the effective date of termination. d. F"tttal 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 miolved by agreement with Consultant Consultant shall not pledge the City's creditor make it a guarantor of payment or suety 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 terns of this Agreement. 5. INMEPENDENT CONSULTANT RELATIONSHIP. The Consultant is an independent Consultant 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 independent contractor other than those obligations which have been or shall have been undertaken by the City. Consultant shall be responsible for any and all of is own expenses in performing its dudes as contemplated under this agreement. The City shall not be responsible for any expense incurred by the Consultam. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Consultant. other than those set forth in this agreement. Consultant shall furnish is own SIB Page 2 of 8