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<br />City of Sunny Isles Beach <br /> <br />17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br /> <br />a. Disbursements. There are no reimbursable expenses associated with this contract. <br /> <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. <br /> <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. This Agreement is subject to the approval of the City Commission. <br /> <br />d. Final Invoice. In order for both parties herein to close their books and records, <br />the Contractor will clearly state "final invoice" on the Contractor's final/last <br />billing to the City. This certifies that all services have been properly performed <br />and all charges and costs have been invoiced to the City. Since this account will <br />thereupon be closed, any and other additional charges, if not properly included on <br />this final invoice are waived by the Contractor. <br /> <br />Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, <br />permits, overhead or any other expenses or costs unless any such expense or cost is incurred by <br />Contractor with the prior written approval of the City. If the City disputes any charges on the <br />invoices, it may make payment of the uncontested amounts and withhold payment on the <br />contested amounts until they are resolved by agreement with Contractor. <br /> <br />Contractor shall not pledge the City's credit or make it a guarantor of payment or surety <br />for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor <br />further warrants and represents that it has no obligation or indebtedness that would impair its <br />ability to fulfill the terms of this Agreement. <br /> <br />5. UNDISCLOSED CONDITIONS. In the event that undisclosed conditions are <br />discovered during the performance of this Agreement, the City shall have the right to cancel this <br />Agreement upon thirty (30) days written notice to Contractor. Upon termination, the City may <br />bid/re-bid the project if the Contractor fails to perform under this Agreement due to the <br />undisclosed conditions. <br /> <br />6. 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 <br />undertaken by the City, Contractor shall be responsible for any and all of its own expenses in <br /> <br />Page 2 of9 <br /> <br />Cleaning Systems, Inc. <br />Attorney/ Agreements/jb <br />1/10/2005 <br /> <br />S\B <br />