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Agreement and the schedule of charges reflected in the City of Kissimmee, Florida, Bid No. <br /> BA2015-012, as more thoroughly described in Attachment "B", and under the following <br /> 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. If services have <br /> been rendered in conformity with the Agreement, the invoice will be sent to the <br /> Finance Department for payment. 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 /> within 30(thirty)days of receipt,for completed and accepted deliveries or specified <br /> services and/or goods, unless the City notifies the Contractor in writing of the <br /> 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. <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 /> they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or <br /> make it a guarantor of payment or surety for any contract, debt, obligation,judgment, lien, or any <br /> form of indebtedness. The Contractor further warrants and represents that it has no obligation or <br /> indebtedness that would impair its ability to fulfill the terms of this Agreement. <br /> 5. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an <br /> independent contractor and shall be treated as such for all purposes. Nothing contained in this <br /> Agreement or any action of the parties shall be construed to constitute or to render the Contractor <br /> an employee, partner, agent, shareholder, officer or in any other capacity other than as an <br /> independent contractor other than those obligations which have been or shall have been undertaken <br /> by the City. Contractor shall be responsible for any and all of its own expenses in performing its <br /> duties as contemplated under this Agreement. The City shall not be responsible for any expense <br /> incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or <br /> pay Social Security services and that such obligations shall be that of the Contractor, other than <br /> those set forth in this Agreement. Contractor shall furnish its own transportation, office and other <br /> supplies as it determines necessary in carrying out its duties under this Agreement. <br /> C6252-1516-096-HG2 EMERGENCY LIGHTING.LLC 2 <br /> 1B <br />