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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 />execution of this Agreement by all Parties and shall terminate upon the City's final inspection and <br />the City's issuance of a final Certificate of Payment to Contractor. The City shall notify the <br />Contractor in writing of the date on which the Work shall begin ("the Notice to Proceed Date"). <br />The Contractor shall commence site activities on the Notice to Proceed Date, and the Work shall <br />be carried on regularly and without interruption. The Contractor shall achieve final completion <br />of the Work no later than twelve (12) weeks after the Notice to Proceed Date. The number of <br />calendar days from the Notice to Proceed Date, through the date set forth for final completion, <br />shall constitute the "Contract Time." <br />The terms of Sections 13, entitled 'Indemnification and Waiver of Liability," Section 20, entitled <br />"Compliance with Law," Section 9, entitled "Warranty of Services," and Section 10, 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, an amount of One Hundred Six Thousand Three <br />Hundred Nine Dollars and Ninety -Two Cents ($106,309.92), plus Fifteen Thousand Nine Hundred <br />Forty -Six Dollars and Forty -Nine Cents ($15,946.49) as a contingency amount, if necessary, <br />resulting in a total not -to -exceed amount of One Hundred Twenty -Two Thousand Two Hundred <br />Fifty -Six Dollars and Forty -Nine Cents ($122,256.49). Payment to Contractor for all charges and <br />tasks under this Agreement shall be in accordance with the Contract Documents, under the <br />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. Invoices received from the Contractor pursuant to this <br />Agreement will be reviewed by the initiating City Department. Invoices must <br />reference the contract number assigned hereto. Invoices will be paid in accordance <br />with the State of Florida Prompt Payment Act. The City will pay properly <br />submitted Contractor invoices following each monthly period within 30 (thirty) <br />days of receipt, for completed Services, unless the City notifies the Contractor in <br />writing of the dispute, before the 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 />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 />FITNESS SHOWROOM'S OF LONG ISLAND, INC. 3 <br />