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City of Sunny Isles Deach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Payment will be made only for work completed to the satisfaction of the City. Consultant is to commence performance of work on the Commencement Date and continue in a diligent manner until work is complete. Consultant acknowledges that compliance with the commencement and completion schedule is the essence of this Agreement. The terms of Section 13, "Compliance with Law", shall survive termination of this Agreement, 4, COMPENSATION. As the entire compensation under this Agreement and during the terms of this Agreement, in whatever capacity rendered, the City shall pay Consultant an amount not to exceed Four Thousand Dollars ($4,000.00) per month, for a total contract not to exceed Ninety -Six Thousand Dollars (S96,000.00) over the two (2) year terrn. Payment to Consultant for all charges and tasks under this Agreement shall be in accordance with this Agreement and at a fixed hourly rate of Seventy Dollars ($70.00) per hour, which fee shall be disbursed on a monthly basis and under the following conditions: a- Disbursements. There are no reimbursable expenses associated with this contract, except for such expenses approved by the City Manager. b, Payment 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 be paid in accordance with the State of Florida Prot -opt Payment Act. C. Availability 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. Consultant shall make no other charges to the City for supplies, labor, taxes, licenses, pernifts, 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 resolved by agreement with Consultant. Consultant shall not pledge (lie City's credit or rnake it a guarantor of payment or surety 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 terms of this Agreement. S. INDEPENDENT CONTRACTOR RELATIONSHIP, The Consultant is an independent contractor 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 its own expenses in 2 2021.7502 VICTOR H. GUEVARA