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City via telephone and in writing of any problems that could cause damage to the City's property, <br /> improvements and persons. Contractor will require its employees to perform their work in a manner <br /> befitting the type and scope of work to be performed. In the event that the Contractor fails to complete <br /> performance pursuant to the terms of this contract and City must undertake the completion of <br /> performance of Services, Contractor agrees to indemnify the City for all costs incurred with respect to the <br /> completion of those Services and any damages the City may suffer as a result of the failure of <br /> performance by Contractor. <br /> 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in <br /> Paragraph 10 hereunder, the term of this Agreement shall commence upon issuance of a Notice to <br /> Proceed from the City Manager or his designee. Completion of Services shall be achieved no later than <br /> ninety (90) calendar days from the Commencement Date specified in the Notice to Proceed issued by the <br /> City Manager or his designee, and may be extended as necessary, in writing by the parties hereto. <br /> 4. COMPENSATION. The Contractor agrees to provide Network Infrastructure Design and <br /> Upgrade Services in a an amount not to exceed Thirty Four Thousand Five Hundred Sixty Four Dollars <br /> ($34,564.00), in addition to Hardware costs not to exceed One Hundred Sixty Eight Thousand Four <br /> Hundred Sixty Three Dollars and Thirty One Cents, ($168,463.31) bringing the total contract amount not <br /> to exceed Two Hundred Three Thousand Twenty Seven Dollars and Thirty One Cents ($203,027.31) <br /> ("Compensation"). Payment to Contractor for all charges and tasks under this Agreement shall be in <br /> accordance with this Agreement and a schedule of charges reflected in Attachment "A" and under the <br /> 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 Agreement <br /> will be reviewed by the initiating City Department. If services have been rendered in <br /> conformity with the Agreement, the invoice will be sent to the Finance Department for <br /> payment. Invoices must reference the contract 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 particular <br /> purpose of this Agreement during any year of the term hereof, then this Agreement shall be <br /> terminated upon ten (10) days written notice and the Contractor shall be compensated for <br /> the Services satisfactorily performed prior to 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 the <br /> City. This certifies that all services have been properly performed and all charges and <br /> costs have been invoiced to the City. Since this account will thereupon be closed, any <br /> other additional charges, if not properly included on this final invoice, are waived by the <br /> Contractor. <br /> Page 2 <br /> C538I-116-076 PRESIDIO NETWORKED SOLUTIONS, INC. <br />