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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 />5. COMPENSATION. The City shall pay Contractor for Services performed under this <br />Agreement, in a total amount not to exceed Two Hundred Twenty -Six Thousand Seven Hundred <br />Sixty -One Dollars and Seventy Cents ($226,761.70), which includes an amount of Twenty <br />Thousand Six Hundred Fourteen Dollars and Seventy Cents ($20,614.70) for contingency, as set <br />forth in Contractor's Proposals, attached hereto as Attachments `B" and "C," specifically: <br />Richelieu Building: $151,569.00, including $13,779.00 in contingency. <br />Annex Building: $75,192.70, including $6,835.70 in contingency. <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 as reflected in Attachments `B" and "C" for <br />the term of the Agreement, 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 Contract Documents. If services have been <br />rendered in conformity with the Agreement, the invoice will be sent to the Finance <br />Department for payment. Invoices must reference the contract number assigned <br />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 <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 />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, it may <br />make payment of the uncontested amounts and withhold payment on the contested amounts until <br />they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or <br />make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any <br />form of indebtedness. The Contractor further warrants and represents that it has no obligation or <br />indebtedness that would impair its ability to fulfill the terms of this Agreement. <br />6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an <br />independent Contractor and shall be treated as such for all purposes. Nothing contained in this <br />PARAGON CONSTRUCTION UNLIMITED, INC. <br />327 <br />