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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 />shall be in accordance with the Contract Documents and the Fee Schedule as reflected in <br />Attachment "A," under the following conditions: <br />A. Disbursements. There are no reimbursable expenses associated with this <br />Agreement. <br />B. Payment Schedule. Invoices received from the Contractor pursuant to this <br />Agreement will be reviewed by the initiating City Department. <br />If services have been rendered in conformity with the Agreement, the invoice will <br />be sent to the Finance Department for payment. Invoices must reference the <br />Agreement number assigned hereto. Invoices will be paid in accordance with the <br />State of Florida Prompt Payment Act. The City will pay properly submitted <br />Contractor invoices following each monthly period within thirty (30) days of <br />receipt, for completed and accepted deliveries or specified services and/or goods, <br />unless the City notifies the Contractor in writing of the dispute, before payment is <br />due. <br />C. CPI Adjustment for Renewal Terms. Prior to completion of each exercised contract <br />term, the City may consider an adjustment to price based on changes in the <br />Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI -W): <br />Miami -Fort Lauderdale, FL. It is the Contractor's responsibility to request any <br />pricing adjustment under this provision, which shall not exceed 5%. <br />D. 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. In the event the City Commission fails to appropriate funds for the <br />particular purpose of this Agreement during any year of the term hereof, then this <br />Agreement shall be terminated upon twenty (20) days written notice and the <br />Contractor shall be compensated for the Services satisfactorily performed prior to <br />the effective date of termination. <br />E. 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 />BRIGHTVIEW LANDSCAPE SERVICES, INC. Page 3 of 19 233 <br />