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CITY OF SUNNY ISLES BEACH CONSULTANT/CONTRACTOR AGREEMENT NO. 04-97362-02 THIS AGREEMENT entered into this ~n+h day of -rY\ A-'r'J 2004, by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to "City") and THE MERCER GROUP, INC., (hereinafter referred to as "Consultant"). WHEREAS, Consultant is a qualified consulting service corporation qualified to do business in Florida; and WHEREAS, the City desires to contract with Consultant to provide the services described in the proposal/scope of work dated April 9, 2004, and attached hereto as Exhibit "A", and for the consideration hereinafter named, Consultant covenants and agrees with the City as follows: 1. Services. Consultant shall provide all labor, supervision, materials, supplies and equipment, to perform management consulting services as more particularly described in Exhibit "A" attached hereto and made a part hereof. This Agreement establishes the scope of services, specifications and performance standards to be performed, as incorporated herein, and firm prices in accordance with the Consultant's proposal dated April 9, 2004. The total price for these services is $15,250.00, payable 30% upon completion of initial site work and orientation; and 70% at presentation of Final Report. 2 Payment for Consultant Services. Request for partial payment of services must be submitted, in duplicate, with supporting documents, if any, referencing this contract number and/or Purchase Order Number, to the attention of the Finance Department, City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida, 33160. .. Consultant shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Consultant with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Consultant. Consultant shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Consultant further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 3. Additional Services. If the need for additional work or changes under this Agreement is identified by Consultant during the course of performing its obligations hereunder, Consultant shall set forth such additional work and the cost thereof in a supplemental work order (a "Supplemental Work Order") and submit such Supplemental Work Order for approval by the City. No such additional work shall be done or paid for without the specific prior written approval of the City. City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Mercer Group Consultant Agreement Attorney/ Agreements/ch 5/13/2004 Page I of6 Exhibit "A" S\B