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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 />In the event that the Contractor fails to complete the Services pursuant to the terms of this contract <br />and City must undertake the completion of performance of Services, Contractor agrees to indemnify <br />the City for all costs incurred with respect to the completion of those Services and any damages the <br />City may suffer as a result of the Contractor's failure to perform the Services. <br />4. TERM. Subject to the City's ability to terminate the Agreement in accordance with Section <br />9 hereunder, the term of this Agreement shall begin upon the execution of the Agreement by all <br />parties and shall continue for a period of two (2) years. Thereafter, the City shall have the option at <br />its sole discretion to renew this Agreement for an additional three (3) one (1) year terms. <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 specified in the Purchase Order and continue in a <br />diligent manner until completion of the Services. <br />The terms of Sections 16 and 20 entitled "Indemnification and Waiver of Liability," and <br />"Compliance with Law," respectively, shall survive termination of this Agreement. <br />5. COMPENSATION. During the term of this Agreement, in whatever capacity rendered, the <br />City shall pay Contractor for Services performed under this Agreement, in a total amount not to <br />exceed One Hundred Twenty Thousand Dollars ($120,000.00), to be charged at the rates set forth <br />in Contractor's proposal to the City, attached hereto as Attachment "A". Payment to Contractor for <br />all charges and tasks under this Agreement shall be in accordance with this Agreement and the <br />schedule of charges reflected under the following conditions. Payment to Contractor for all charges <br />and tasks under this Agreement shall be in accordance with the Contract Documents and the <br />schedule of charges as reflected in Attachment "A', under the following conditions: <br />a. Disbursements. There are no reimbursable expenses associated with this contract <br />except for expenses approved by the City Manager. <br />b. Payment Schedule. Invoices received from the Contractor pursuant to this <br />Agreement will be reviewed by the initiating City Department. Payment will be <br />made by the City in accordance with the issuance of a Purchase Order for a given <br />event and Section 1.13 of RFP No. 20-12-01, attached hereto as Attachment "A'. If <br />services have been rendered in conformity with the Agreement, the invoice will be <br />sent to the Finance Department for payment. Invoices must reference the contract <br />number assigned hereto. <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 may <br />unilaterally terminate any and all contractual or other obligations herein without any <br />further liability or penalty upon twenty (20) days' notice to Contractor. <br />2021-7626 Amusement Source Page 2 of 11 <br />212 <br />