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r . <br /> City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br /> (305) 947-0606 phone (305) 949-3113 Fax <br /> Consultant including the dates and times shall be directed through, and approved <br /> in advance by,the City Manager. <br /> b. Disbursements. There are reimbursable expenses associated with this contract as <br /> more particularly described in Attachment "A". However, no additional <br /> reimbursable expenses are authorized without express written approval in advance <br /> from the City Manager or his designee. <br /> c. Payment Schedule. Invoices received from the Consultant pursuant to this <br /> Agreement will be reviewed by the initiating City Department. The City shall pay <br /> the Consultant for the performance of the stated Services as follows: 50% deposit <br /> of Professional Engineering Service Fee upon execution of this Agreement, and <br /> 50% upon completion of the plans for the permit. If Services have been rendered <br /> in conformity with the Agreement, the invoice will be sent to the Finance <br /> Department for payment. Invoices must reference the contract number assigned <br /> hereto. Invoices will be paid in accordance with the State of Florida Prompt <br /> Payment Act. <br /> d. 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 /> e. Final Invoice. 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 /> ability to fulfill the terms of this Agreement. <br /> 5. INDEPENDENT CONSULTANT RELATIONSHIP. The Consultant is an <br /> independent Consultant 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 Consultant 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 /> 2 <br /> Hardesty&Hanover,LLC. <br />