Reso 2024-3634 - Laserfiche WebLink

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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 5. COMPENSATION. During the term of this Agreement the City shall pay Contractor for Services performed under this Agreement for the contract price of Two Hundred Six Thousand Eight Hundred Three Dollars and Five Cents ($206,803.05), as more particularly set forth in Contractor's proposal to the City attached hereto as Attachment "A," plus Thirteen Thousand One Hundred Dollars and No Cents ($13,100.00) for contingency, resulting in a total not -to -exceed amount of Two Hundred Nineteen Thousand Nine Hundred Three Dollars and Five Cents ($219,903.05). Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with the Contract Documents under the following conditions: A. Disbursements. There are no reimbursable expenses associated with this contract except for expenses approved by the City Manager. B. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. Payment will be made by the City in accordance with the Contract Documents and in accordance with Florida's Prompt Payment Act. 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. 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. If the City should not appropriate or otherwise make available funds sufficient to purchase the Services procured pursuant to this Agreement, the City may unilaterally terminate any and all contractual or other obligations herein without any further liability or penalty upon twenty (20) days' notice to Contractor. D. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead, or any other expenses or costs unless any such expense or cost is incurred by Contractor 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 Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor 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 Contractor 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 SSE and Associates, Inc., d/b/a Southeaster Surfaces & Equipment