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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 />The terms of Sections 16, entitled "Indemnification and Waiver of Liability," Section 23, entitled <br />"Compliance with Law," Section 12, entitled "Warranty of Services," and Section 13, entitled <br />"Defective Work," and those specifically provided for in the Contract Documents, shall survive <br />termination of this Agreement. <br />5. COMPENSATION. During the term of this Agreement, the City shall pay Contractor for <br />Services performed under this Agreement, for an amount of One Million Two Hundred Seventy - <br />Three Thousand Nine Hundred Thirteen Dollars and No Cents ($1,273,913.00), plus Seventy <br />Thousand Dollars and No Cents ($70,000.00) as a contingency amount, if necessary, resulting in <br />a total not -to -exceed amount of One Million Three Hundred Forty -Three Thousand Nine Hundred <br />Thirteen Dollars and No Cents ($1,343,913.00). Payment to Contractor for all charges and tasks <br />under this Agreement shall be in accordance with the Contract Documents, including but not <br />limited to Section 4 of IFB No. PW1925, 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. Payment to Contractor of the sum set forth herein shall be <br />allocated based upon the following progress milestones: <br />Permit Issuance......................................................$302,554.34 <br />Materials Received/Construction Scheduled ....................$302,554.34 <br />Completion of Construction.......................................$302,554.34 <br />Final Inspection..................................................... $302,554.34 <br />Retainage(5%)........................................................ 63 $ 6 95.65 <br />Contingency, if necessary ............................................$70,000.00 <br />Invoices received from the Contractor pursuant to this Agreement will be reviewed <br />by the initiating City Department. Invoices must reference the contract number <br />assigned hereto. Invoices will be paid in accordance with the State of Florida <br />Prompt Payment Act. The City will pay properly submitted Contractor invoices <br />following each monthly period within 30 (thirty) days of receipt, for completed <br />Services, unless the City notifies the Contractor in writing of the dispute, before the <br />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 />GARLAND/DBS, INC. <br />