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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 />2. COMPENSATION. The Contractor agrees to provide the desired Services to the City in <br />an amount not to exceed Twenty Seven Cents ($0.27) per parking transaction in accordance with <br />Pricing Option No. 3 of Appendix A of Amendment 2 to the City of Miami Agreement pursuant <br />to RFP No. 14-06. Payment to Contractor for all charges and tasks under this Agreement and the <br />schedule of charges reflected in the Contractor's response to the City of Miami, Florida, via RFP <br />No. 14-06, shall be in accordance with this Agreement and under the following conditions: <br />a. Disbursements. There are no reimbursable expenses associated with this contract. <br />b. Payment Schedule. Contractor shall submit invoices to the City on a monthly basis. <br />Invoices received from the Contractor pursuant to this Agreement will be reviewed <br />by the initiating City Department. If services have been rendered in conformity <br />with the Agreement, the invoice will be sent to the Finance Department for <br />payment. Invoices must reference the contract number assigned hereto. Invoices <br />will be paid in accordance with the State of Florida Prompt Payment Act. <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 due to <br />billing inaccuracies or other billing errors, it maymake payment of the uncontested amounts and <br />withhold payment on the contested amounts until they are resolved by agreement with <br />Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or <br />surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The <br />Contractor further warrants and represents that it has no obligation or indebtedness that would <br />impair its ability to fulfill the terms of this Agreement. <br />3. INITIAL TERM AND OPTIONAL RENEWALS. Subject to the provisions relating <br />to the termination of this Agreement as set forth hereunder, the term of this Agreement shall begin <br />upon the execution of this Agreement and shall end no later than five (5) years thereafter. <br />2021-6399 — PAYBYPHONE TECHNOLOGIES, INC. 2 <br />