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Commission, in the eventthe City Commission tails to appropriate funds for the
<br />particular purpose of this Agreement during any year of the term hereof, then this
<br />Agreement shall be terminated upon twenty (20) days written notice and the
<br />Contractor shall be compensated for the Services satisfactorily performed prior
<br />to the effective date of termination,
<br />e. 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/lost
<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 mance 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
<br />may make payment of the uncontested amounts and withhold payment on the contested amounts
<br />until they are resolved by agreement with Contractor. Contractor shall not pledge the City's
<br />credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment,
<br />lien, or any form of indebtedness, The Contractor further warrants and represents that it has no
<br />obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement.
<br />5, PENALTIES FOR UNSATISI+ACTORY WORK. The Contractor shall
<br />promptly correct all apparent and latent deficiencies and/or defects In work, and/or any
<br />unsatisfactory work that fails to conform to the contract documents regardless of project
<br />completion status ("Unsatisfactory Worle ). If Unsatisfactory Work is identified, through
<br />planned, random or unannounced inspections, or any other circumstance through which the City
<br />becomes aware of Unsatisfactory Work, the Contractor will be notified in writing within two (2)
<br />business days. All corrections shall be, made within two (2) business days after such rejected
<br />defects, deficiencies, and/or Unsatisfactory Work are verbally reported to the Contractor by the
<br />City's Project Manager(s), who may confirm all such verbal reports in writing. The Contractor
<br />shall bear all costs of correcting such work, If the Contractor fails to correct the Unsatisfactory
<br />Work within the period specified, the City may, at Its discretion, notify the Contractor, in writing,
<br />that the Contractor is subject. to contractual default provisions if the corrections are not
<br />completed to the satisfaction of the City within one (1) business day of receipt of the notice, If
<br />the Contractor falls to correct the work within the period specified in the notice, the City may
<br />place the Contractor in default,
<br />In addition to random or unannounced inspections, the City will conduct planned inspections
<br />each month, which will be conducted prior to the Contractor submitting its monthly invoice.
<br />When either planned or unplanned Inspection efforts identify Unsatisfactory Work., the
<br />Contractor will be notified per the procedure set forth above and the City will conduct a
<br />subsequent inspection to ensure compliance, The City will incur additional administrative
<br />expenses for the additional time required to re -inspect Contractor work, Upon failure of
<br />Contractor to complete the work within the time specified for final completion, the City shall
<br />impose deductions to Contraetot°s invoice. A report shall be provided to the Contractor in the
<br />form provided for in Section 7.4, of Attachment "A" along with the unsatisfactory inspection
<br />notice, The deductions which may be made under this Agreement include, but are not limited
<br />to, those items set forth below with the corresponding penalty;
<br />2020-7556 - VISUALSCAPE, INC 3
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