Reso 2004-716 - Laserfiche WebLink

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1' City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax -2. TERM. Subject to the provisions relating to the termination of this Contract as set forth in Paragraph 10, hereunder, the term of this Contract shall be for 90 days and shall begin within ten (10) days after notification to proceed. Any change in fee, terms or conditions shall be accomplished by written amendment to this contract. 3. LIQUIDATED DAMAGES. Should Contractor fail to complete the required construction as specified herein within the times specified, (allowed extensions, if any, included), the City will suffer damage, the amount of which is difficult, if not impossible to ascertain. Therefore Contractor hereby agrees to pay the City, as liquidated damages, the sum of Five Hundred and No /100 dollars ($500.00) for each calendar dray of delay that actual completion extends beyond the time limit specified. 4. COMEENSATION. The total price for these services, as specified in Exhibit "A" hereto, shal not exceed Eighty -Eight Thousand Fifty -Six and 38/100 Dollars ($88,056.38) payable: 9 monthly ❑ as invoiced. Payment to Contractor for all charges and tasks under this Contract shall be in accordance with this Contract and the schedule of charges reflected in Exhibit "A ", which fee shall be disbursed on a monthly basis and under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract. b. Payment Schedule. Invoices received from the Contractor pursuant to this Contract will be reviewed by the initiating City Department. If services have been rendered in conformity. with the Contract, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. C. Availability of Funds. The City's performance and obligation to pay under this Contract is contingent upon an annual appropriation for its purpose by the City Commission. d. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's final /last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any and other additional charges, if not properly included on this final invoice are waived by the Contractor. Contractor 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 Contractor 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 Contract with Contractor. Contractor 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 Contractor 2 Tenex Construction Term Contract B Attorney /Contracts/ch