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ensure all Services are being performed in accordance with the City's needs and pursuant to the <br /> terms of this Agreement, and shall report to the City accordingly. Contractor agrees to <br /> immediately inform the City via:telephone and in writing of any problems that could cause damage <br /> to the City's property, improvements and persons. Contractor will require its employees to <br /> - perform their work in a manner befitting thetype and scope of work to be performed. <br /> 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth <br /> in Section 8 hereunder, the term of this Agreement shall commence upon the execution of this <br /> Agreement and shall terminate no later than five (5) months thereafter. <br /> 4. COMPENSATION. The Contractor agrees to provide and install four (4) solar wireless <br /> Rectangular Rapid Flashing Beacon Assembly (RRFB) products in an amount not to exceed <br /> Thirty Nine Thousand Six Hundred Forty Four Dollars ($39,644.00), in addition to enhancement <br /> services in an amount not to exceed Fifty Four Thousand Seven Hundred Thirty Six Dollars <br /> ($54,736.00), including a contingency of Fifteen Thousand Dollars($15,000.00),bringing the total <br /> not to exceed amount to One Hundred Nine Thousand Three Hundred Eighty Dollars <br /> ($109,380.00). Payment to Contractor for all charges and tasks under this Agreement shall be in <br /> accordance with Contract Documents and the schedule of charges reflected in Attachment "B", <br /> 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. The City will pay properly submitted Contractor invoices <br /> within 30(thirty)days of receipt,for completed and accepted deliveries or specified <br /> services and/or goods, unless the City notifies the Contractor in writing of the <br /> dispute, before the payment is due. <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,the <br /> Contractor will clearly state "final invoice" on the Contractor's final/last billing to <br /> the City. This certifies that all services have been properly performed and all <br /> charges and costs have been invoiced to the City. Since this account will thereupon <br /> be closed, any other additional charges, if not properly included on this final <br /> invoice, are waived by the Contractor. <br /> Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, <br /> overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor <br /> with the prior written approval of the City. If the City disputes any charges on the invoices, it may <br /> make payment of the uncontested amounts and withhold payment on the contested amounts until <br /> they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or <br /> make it a guarantor of payment or surety for any contract, debt, obligation,judgment, lien, or any <br /> 7035-027 TEMPLE,INC 2 <br />