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Reso 2021-3221
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Reso 2021-3221
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Last modified
7/11/2024 11:14:03 PM
Creation date
8/9/2021 12:35:42 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2021-3221
Date (mm/dd/yyyy)
07/15/2021
Description
Waive Bid Req. & Approving Agmt w/CT Mechanical for inspection & preventatitve maintenance for AC/HVAC Gateway Park
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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 />Payment to Contractor for all charges and tasks under this Agreement shall be in accordance <br />with the Contract Documents and the Contractor's Proposal as reflected in Attachment "A", <br />under the following conditions: <br />a. Disbursements. There are no reimbursable expenses associated with this contract <br />except for expenses approved by the City Manager. <br />b. Payment Schedule. Invoices received from the Contractor pursuant to this <br />Agreement will be reviewed by the initiating City Department. Payment will be <br />made by the City after the goods and/or services have been received, inspected, <br />and found to comply with specifications, free of damage or defect, and properly <br />invoiced. No advance payments of any kind will be made by the City. Payment <br />shall be made after delivery, within 30 days of receipt of an invoice and <br />authorized inspection and acceptance of the goods/services and pursuant to <br />Section 218.74, Florida Statutes and other applicable law. If services have been <br />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. <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. If the City should not appropriate or otherwise make available <br />funds sufficient to purchase the Services procured pursuant to this Agreement, the <br />City may unilaterally terminate any and all contractual or other obligations herein <br />without any further liability or penalty upon twenty (20) days' notice to <br />Contractor. <br />d. Final Invoice. In order for both parties herein to close their books and records, <br />the Contractor will clearly state "final invoice" on the Contractor'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 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 <br />Contractor 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 Contractor. Contractor shall not <br />pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, <br />obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and <br />represents that it has no obligation or indebtedness that would impair its ability to fulfill the <br />terms of this Agreement. <br />6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor 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 Contractor <br />2021- 7666 CT Mechanical Co. 4 216 <br />
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