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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br /> (305) 947-0606 phone(305) 949-3113 Fax <br /> Agreement and shall end upon the completion of Services described in Attachment "B", and <br /> may be extended as necessary, in writing by the parties hereto. <br /> 4. COMPENSATION. Payment to Consultant for all charges under this Agreement shall <br /> be in accordance with this Agreement and a schedule of charges reflected in Attachment "B" <br /> for an aggregate amount among the three (3) ranked City consultants not to exceed Two <br /> Hundred Fifty Thousand Dollars ($250,000.00). Consultant acknowledges and agrees that <br /> the $250,000.00 amount shall be shared between Consultant and the other two qualified <br /> consultants as Services are performed and invoiced to the City. <br /> Consultant shall submit invoices on a monthly basis within ten(10) days following the end of <br /> each calendar month. City shall pay Consultant only for Services actually performed. The <br /> Consultant 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 <br /> by Consultant with the prior written approval of the City. If the City disputes any charges on <br /> the invoices, it may make payment of the uncontested amounts and withhold payment on the <br /> contested amounts until they are resolved by agreement with Consultant. <br /> 5. 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 /> 6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Consultant is an independent <br /> contractor and shall be treated as such for all purposes. Nothing contained in this Agreement <br /> or any action of the parties shall be construed to constitute or to render the Consultant an <br /> 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, Consultant shall be responsible for any and all of its own expenses in <br /> performing its duties as contemplated under this Agreement. The City shall not be <br /> responsible for any expense incurred by the Consultant. The City shall have no duty to <br /> withhold any Federal income taxes or pay Social Security services and that such obligations <br /> shall be that of the Consultant, other than those set forth in this Agreement. Consultant shall <br /> furnish its own transportation, office and other supplies as it determines necessary in carrying <br /> out its duties under this Agreement. <br /> 7. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by <br /> the Consultant pursuant to this Agreement and related Services to this Agreement are <br /> intended and represented for the ownership of the City only. Any other use by Consultant or <br /> other parties shall be approved in writing by the City. If requested, Consultant shall deliver <br /> the documents to the City within fifteen (15) calendar days. <br /> 8. INDEMNIFICATION. Consultant agrees to indemnify and hold harmless, the City, its <br /> officers, agents, and employees from, and against, any and all claims, actions, liabilities, <br /> losses and expenses including, but not limited to, attorney's fees for personal, economic or <br /> 2 <br /> C0607-028 EDAW, Inc.Consultant Agreement <br />