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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 D. Update the shared calendar of events created and maintained by Contractor, to provide notice of black -out dates for which the Gateway Center will be unavailable for use/rental. 5. TERM. Subject to the City's ability to terminate the Agreement in accordance with Section 16 hereunder, the term of this Agreement shall begin upon the execution of the Agreement by all parties and shall remain in effect for an initial two (2) year term. The City, at its sole option, may renew the Agreement for an additional two (2) year term and a subsequent renewal for an additional one (1) year term. Exercising any of the aforementioned options to renew is at the sole discretion of the City Payment will be made only for work completed to the satisfaction of the City. The terms of Sections 17 and 21 entitled "Indemnification and Waiver of Liability," and "Compliance with Law," respectively, shall survive termination of this Agreement. 6. COMPENSATION. Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with the agreed Revenue Share, as set forth below, and under the following conditions: The City shall retain seventy percent (70%) of the Rental Fee, and transfer thirty percent (30%) of the Rental Fee to the Contractor. A. Disbursements. There are no reimbursable expenses associated with this contract except for expenses approved by the City Manager. B. Payment Schedule. Invoices shall be remitted by the Contractor to the City on a monthly basis. The invoices shall list the preceding months events for which the invoice covers, which shall include the event date(s). Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. 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. 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. 7. 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, Style Catering Page 3 of 17