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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 />that could cause damage to the City's property, improvements and persons. Contractor will require <br />its employees to perform their work in a manner befitting the type and scope of work to be <br />performed. In the event that the Contractor fails to complete the Services pursuant to the terms of <br />this contract and City must undertake the completion of performance of Services, Contractor <br />agrees to indemnify the City for all costs incurred with respect to the completion of those Services <br />and any damages the City may suffer as a result of the Contractor's failure to perform the Services. <br />4. TERM. Subject to the provisions relating to the termination of this Agreement as set <br />forth herein, the term of this Agreement shall for a term of two (2) years, commencing upon the <br />full execution of this Agreement. <br />The terms of Section 10, entitled "Indemnification and Waiver of Liability," and Section 17, <br />entitled "Compliance with Law," shall survive termination of this Agreement. <br />5. COMPENSATION. During the term of this Agreement, the City shall pay Contractor <br />for Services performed under this Agreement, in an amount not to exceed Forty -Nine Thousand <br />Nine Hundred Dollars and No Cents ($49,900.00). Payment to Contractor for all charges and tasks <br />under this Agreement shall be in accordance with Attachment "A," 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. Contractor shall submit invoices to the City. Invoices received <br />from the Contractor pursuant to this Agreement will be reviewed by the initiating <br />City Department. If Services have been rendered in conformity with the <br />Agreement, the invoice will be sent to the Finance Department for payment. <br />Invoices must reference the Agreement 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 <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 />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 />DECKARD TECHNOLOGIES, INC. <br />