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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 />terms with respect to warranties, including Sections 8 and 9 herein entitled "Warranty of Services" <br />and "Defective Work", and those specifically provided for in the Contract Documents shall also <br />survive termination of this Agreement. <br />Payment will be made only for work completed to the satisfaction of the City. Contractor is to <br />commence performance of work from the date of full execution of this Agreement and continue in <br />a diligent manner until completion of the Services and proscribed herein. Contractor acknowledges <br />that compliance with the commencement and completion schedule is the essence of this <br />Agreement. <br />5. COMPENSATION. During the term of this Agreement the City shall pay Contractor for <br />Services performed under this Agreement, in a total amount not to exceed One Hundred Eighty - <br />Seven Thousand Seven Hundred Five Dollars and Seventy -Nine Cents ($187,705.79), which <br />amount represents One Hundred Seventy Thousand Six Hundred Forty -One Dollars and Sixty - <br />Three Cents ($170,641.63) for Services as set forth in Contractor's fee proposal to the City <br />attached hereto as Exhibit `B", and an additional Seventeen Thousand Sixty -Four Dollars and <br />Sixteen Cents ($17,064.16) in contingency should additional services be needed. <br />Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with <br />the Contract Documents and the schedule of charges reflected as reflected in Exhibit `B", under <br />the following conditions: <br />A. Disbursements. There are no reimbursable expenses associated with this contract. <br />B. Payment Schedule. Invoices received from the Contractor pursuant to this <br />Agreement will be reviewed by the initiating City Department. Payments shall be <br />made only after receipt of the Services. If services have been rendered in <br />conformity with the Agreement, the invoice will be sent to the Finance Department <br />for payment. Invoices must reference the contract number assigned hereto. <br />Invoices will be paid in accordance with the State of Florida Prompt Payment Act. <br />The City will pay properly submitted Contractor invoices following each monthly <br />period within 30 (thirty) days of receipt, for completed and accepted deliveries or <br />specified services and/or goods, unless the City notifies the Contractor in writing <br />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. If the City should not appropriate or otherwise make available funds <br />sufficient to purchase the Services procured pursuant to this Agreement, the City <br />may unilaterally terminate any and all contractual or other obligations herein <br />without any further liability or penalty upon twenty (20) days' notice to Contractor. <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 />Millenium Products, Inc. 3 <br />