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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 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 ninety (90) days 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 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 <br />for Services performed under this Agreement, for an amount not to exceed Sixty -Four Thousand <br />Seven Hundred Fifty -One Dollars and Ninety -Nine Cents ($64,751.99). Payment to Contractor <br />for all charges and tasks under this Agreement shall be in accordance with the Contract Documents, <br />under the following conditions: <br />A. Disbursements. There are no reimbursable expenses associated with this contract. <br />B. Payment Schedule. Invoices received from the Contractor pursuant to this <br />Agreement will be reviewed by the initiating City Department. The hardware, <br />software, and installation materials shall be invoiced upon delivery to the City, <br />adhering to standard payment terms of Net 30. A signed proof of delivery form will <br />be furnished upon request. The installation services pertaining to this project shall <br />not be contingent upon progress payments. Services rendered shall be invoiced <br />upon completion, aligning with the installation of all hardware, software, <br />programming, and system commissioning. The invoice will be sent to the Finance <br />Department for payment. Invoices must reference the contract number assigned <br />hereto. Invoices will be paid in accordance with the State of Florida Prompt <br />Payment Act. The City will pay properly submitted Contractor invoices following <br />each monthly period within 30 (thirty) days of receipt, for completed and accepted <br />deliveries or specified services and/or goods, unless the City notifies the Contractor <br />in 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 />NULLENIUM PRODUCTS, INC. <br />