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<br />City of SUIlIlY Isles Beach <br /> <br />18070 Collins A venue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br /> <br />3, TERM. Subjecl to the provisions relating to the termination of this Agreement as set forth in <br />Paragraph 10 hereunder, the term of this Agreement shall commence upon execution by both parties <br />and the issuance of a Notice to Proceed. Agreement shall terminate on or before October 14, 2008, <br />unless extended by written consent of the City. Any change in fee, terms or conditions shall be <br />accomplished by written amendment to this contract. <br /> <br />4, COMPENSA TION. Payment to Consultant for all charges and tasks under this Agreement <br />shall be in accordance with this Agreement and the schedule of charges renected in Attachment "A", <br />which fee shall be disbursed on a monthly basis and under the following conditions: <br /> <br />a. Disbursements. There are no reimbursable expenses associated with this contract. <br /> <br />b. Payment Schedule. Invoices received from the Consultant plll'suant to this <br />Agreement will be reviewed by the initiating City Department. If services have been <br />rendered in conformity with the Agreement, the invoice will be sent to the Finance <br />Department for payment. Invoices must reference the contract number assigned <br />hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment <br />Act. <br /> <br />c. Availabilitv 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 /> <br />d. Final Invoice. In order for both parties herein to close their books and records, the <br />Consultant will clearly state "final invoice" on the Consultant's final/last billing to <br />the City. This certifies that all services have been properly performed and all charges <br />and costs have been invoiced to thc City. Since this account will thereupon be <br />closcd, any and other additional charges, if not propcrly included on this final invoice <br />are waived by thc Consultant. <br /> <br />Consultant shall make no other charges to the City for supplies, labor, taxes, liccnscs, <br />permits, ovcrhead or any other expcnses or costs unless any such expcnse or cost is inclll'red by <br />Consultant 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 contestcd <br />amounts until they are resolved by agreement with Consultant. <br /> <br />Consultant shall not pledge the City's crcdit or make it a guarantor of payment or surety for <br />any contract, debt, obligation, judgment, licn, or any form of indebtedness. The Consultant further <br />warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill <br />the tcrms of this Agreement. <br /> <br />5, UNDISCLOSED CONDITIONS, In thc event that undisclosed conditions are discovered <br />dlll'ing the performance of this Agreemcnt, the City shall have the right to cancel this Agreement <br />upon thirty (30) days written notice to Consultant. Upon termination, the City may re-bid the project <br />if the Consultant fails to perform under this Agreement due to the undisclosed conditions. <br /> <br />C0607-021CGA Ellgint:ering Design & Construction Engineering Inspection Services Agreement <br />Page 2 01'9 <br /> <br />SIB <br />