Reso 2007-1074 - Laserfiche WebLink

Home Browse Search

City of Sunny h'les Beue" 18070 Collins Avcnue, Sunny Islcs Beach, Florida 33160 (305) 947-0606 phone (-305) -949-3 I-I3-Fax Agreemcnt and shall end upon the completion of Serviccs dcscribed in Attachmcnt "B", and may be extended as necessary, in writing by the parties hereto. 4. COMPENSATION. Payment to Consultant for all charges under this Agreement shall be in accordance with this Agreement and a schedule of charges reflccted in Attachment "B" for an aggrcgate amount among the three (3) ranked City consultants not to excccd Two Hundred Fifty Thousand Dollars ($250,000.00). Consultant acknowledges and agrces that the $250,000.00 amount shall be sharcd between Consultant and the other two qualified consultants as Services are performed and invoiced to the City. Consultant shall submit invoices on a monthly basis within ten (10) days following the end of each calendar month. City shall pay Consultant only for Services actually performed. The Consultant shall makc 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 disputcs 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. 5. A V AILABIUTY OF FUNDS. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. 6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Consultant is an independent contractor and shall be treatcd as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construcd'to constitute or to rcnder the Consultant an employee, partner, agent, shareholder, officer or in any other capacity other than as an indcpendent contractor other than those obligations which have been or shall have been undertaken by the City, Consultant shall be rcsponsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall nat be responsible for any expense incurrcd by the Consultant. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall bc that of the Consultant, other than those set forth in this Agreement. Consultant shall furnish its own transportation, office and ather supplies as it determines necessary in carrying out its duties under this Agreement. 7. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the Consultant pursuant to this Agrccment and related Services to this Agreement are intendcd and represented for the ownership of the City only. Any other use by Consultant ar other parties shall be approved in writing by the City. If requested, Consultant shall delivcr the documents to the City within fifteen (15) calcndar days. 8. INDEMNIFICATION. Consultant agrecs to indcmnify and hold harmless, the City, its officers, agents, and employees from, and against, any and all claims, actions, liabilities, 2 C0607-027 O'Leary Richards Design Associates, Inc.Consultant Agreement ,'.: ~. p . I ~ ~). . " S \ ,)