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<br />City of Sunny Isles Beach <br /> <br />18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 792-1562 Fax <br /> <br />3. TERM. Subject to the provisions relating to the termination of this Agreement as set <br />forth in Paragraph 8 hereunder, the term of this Agreement shall commence on November 30, <br />2007 and shall end thirty-six (36) months thereof: i.e. November 30, 2010. The Xerox <br />copy/scan machines shall be delivered and installed on November 30,2007. <br /> <br />4. COMPENSA TION. Payment to Contractor for all charges and tasks under this <br />Agreement shall be in accordance with this Agreement and the schedule of charges reflected <br />in Attachment "A", which fee shall be disbursed on a monthly basis and under the following <br />conditions: <br /> <br />A. Disbursements. There are no reimbursable expenses associated with this <br />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. A vailability 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 <br />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 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 <br />by Contractor 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 Contractor. <br /> <br />Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for <br />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 />2 <br /> <br />C0708-0 16 Xerox Corporation Agreement <br /> <br />~ <br /> <br />c.:-:-':-':J <br /> <br />CJ~J <br />