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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 />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 Forty - <br />Eight Thousand Two Hundred Sixty -Six Dollars and Sixty -One Cents ($148,266.61), which <br />includes a ten percent (10%) contingency amount of Thirteen Thousand Four Hundred Seventy - <br />Eight Dollars and Seventy -Eight Cents ($13,478.78). <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 Attachment `B", <br />under 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. The hardware, <br />software, and installation materials shall be invoiced upon delivery to the City, <br />adhering to standard payment terms of Net 30. A signed proof of delivery form will <br />be furnished upon request. The installation services pertaining to this project shall <br />not be contingent upon progress payments. Services rendered shall be invoiced <br />upon completion, aligning with the installation of all hardware, software, <br />programming, and system commissioning. The invoice will be sent to the Finance <br />Department for payment. Invoices must reference the contract number assigned <br />hereto. Invoices will be paid in accordance with the State of Florida Prompt <br />Payment Act. The City will pay properly submitted Contractor invoices following <br />each monthly period within 30 (thirty) days of receipt, for completed and accepted <br />deliveries or specified services and/or goods, unless the City notifies the Contractor <br />in writing 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. z <br />