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4. COMPENSATION. During the term of this Agreement, Contractor agrees to provide <br />the desired Services to the City for an annual total amount not to exceed Eight Thousand One <br />Hundred Ten Dollars ($8010.00); in addition to a contingency for additional servicesl.in the <br />amount of Eight Thousand Dollars ($8,000), bringing the total contract amount not to exceed Forty <br />Eight Thousand Five=Hundred Fifty Dollars ($48,550.00) for all charges and tasks under this <br />Agreement. Payment to Contractor for all chargesand tasks under this Agreement shall be in <br />accordance with this Agreement and the schedule of charges reflected in Attachment 4% and <br />under the following conditions: <br />a. Disbursements. There are no reimbursable expenses associated. with this contract. <br />b. Payment Schedule. Annual payment under this Agreement shall be paid quarterly <br />in a lump sum to be paid in advance of Services. Invoices received from the <br />Contractor pursuant to this Agreement will hereviewed by the initiating City <br />Department. If services have been rendered in conformity with the Agreement, the <br />invoice will be sent to the Finance Department for payment. Invoices. must <br />reference the contract number assigned hereto, invoices will be paid in accordance <br />with the State of Florida Prompt Payment Act. The City will pay properly <br />submitted Contractor invoices within thirty (30) days of receipt, for completed and <br />accepted deliveries or specified services and/or goods, unless the City notifies the <br />Contractor in writing of the 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 />form of indebtedness. The Contractor further warrants and represents that it has no obligation or <br />indebtedness that would impair its ability to fulfill the terms of this Agreement. i <br />5. 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 />an employee, partner, agent, shareholder, officer or in any other capacity other than [as an <br />independent contractor other than those obligations which have been -or shall have been undertaken <br />by the City. Contractor shall be responsible for any and all of its own expenses in performuig its <br />duties as contemplated under this Agreement. The City shall not be responsible for any expense <br />�� 113-6523 SUMMA MECHANICAL CONTRACTORS LLC DB/A SMC AIR CONDITIONING wj <br />