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4.2 Contractor shall be solely responsible for and shall provide for the payment of workers compensation <br />insurance coverage and premiums, any and all other insurance pursuant to Section 6 below, withholding <br />taxes, FICA, pension and profit sharing contributions, retirement contributions, if any, all remunerations; all <br />labor contract compliance, and all other charges, fees, permits, and the like associated with the employment <br />of such personnel as Contractor shall provide. The City shall bear no responsibility for any such charges, <br />fees, permits, and the like associated with the employment of such personnel. <br />4.3 Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with <br />this Agreement and the schedule of charges reflected in Attachment "A" and under the following <br />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 Agreement will <br />be reviewed by the initiating City Department. If services have been rendered in <br />conformity with the Agreement, the invoice will be sent to the Finance Department for <br />payment. Invoices must reference the contract number assigned hereto. invoices will be <br />paid in accordance with the State of Florida Prompt Payment Act. <br />C. Availability of Funds. The City's performance and obligation to pay under this Agreement <br />is contingent upon an annual appropriation for its purpose by the City Commission. <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 the <br />City. This certifies that all services have been properly performed and all charges and <br />costs have been invoiced to the City. Since this account will thereupon be closed, any <br />other additional charges, if not properly included on this final invoice, are waived by the <br />Contractor. <br />Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead <br />or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior <br />written approval of the City. If the City disputes any charges on the invoices, it may make payment of the <br />uncontested amounts and withhold payment on the contested amounts until they are resolved by <br />agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of <br />payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The <br />Contractor further warrants and represents that it has no obligation or indebtedness that would impair its <br />ability to fulfill the terms of this Agreement. <br />5. APPROPRIATION 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 Commission. In the <br />event the City Commission fails to appropriate funds for the Services during any term of this Agreement, <br />this Agreement shall be terminated upon thirty (30) days written notice and the Contractor shall be <br />compensated only for services satisfactorily performed prior to the date of termination. <br />C1011 -056 CROSSING GUARDS AGREEMENT Page 4 of I [ <br />