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<br />City ofSUlI/IY Isles Beach <br /> <br />17070 Collins A venue, Suite 250, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-31 I3 Fax <br /> <br />3. TERM. Subject to the provisions relating to the termination of this Agreement as set <br />forth in Paragraph 10 hereunder, the term of this Agreement shall be for Six Months (6) Months <br />from date of execntion, and shall begin within ten (10) days after notification to proceed. Any <br />change in fee, terms or conditions shall be accomplished by written amendment to this contract. <br /> <br />4. COMPENSATION. Payment to Consultant for all charges and tasks under this <br />Agreement shall be in accordance with this Agreement and the schedule of charges reflected in <br />Exhibit "A", 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. Pavment Schedule. Invoices received from the Consultant 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. 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, <br />the Consultant will clearly state "final invoice" on the Consultant'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 Consultant. <br /> <br />Consultant shall make no other charges to the City for supplies, labor, taxes, licenses, <br />permits, overhead or any other expcnses or costs unless any such expense or cost is incurred 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 <br />contested amounts until they are resolved by agreement with Consultant. <br /> <br />Consultant 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 Consultant <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 Consultant. Upon termination, the City may <br />re-bid the project if the Consultant fails to perform under this Agreement due to the undisclosed <br />condi tions. <br /> <br />2 <br /> <br />M'lJ <br />S, ~)\\~ <br /> <br />Miller, Legg & Associales Consultant Agreement <br />Attorney! Agrecmentsljb <br />