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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) 949-3113 Fax <br /> <br />incorporated herein by reference. The Services shall be performed by Consultant to the full <br />satisfaction of the City. Consultant agrees to have a qualified representative to audit and inspect the <br />Services provided on a regular basis to ensure all Services are being performed in accordance with the <br />City's needs and pursuant to the terms of this Agreement, and shall report to the City accordingly. <br />Consultant agrees to immediately inform the City via telephone and in writing of any problems that <br />could cause damage to the City's property, improvements and persons. Consultant will require its <br />employees to perform their work in a manner befitting the type and scope of work to be performed. In <br />the event that the Consultant fails to complete the Services pursuant to the terms of this Agreement and <br />City must undertake the completion of performance of Services, Consultant agrees to indemnify the <br />City for all costs incurred with respect to the completion of those Services and any damages the City <br />may suffer as a result of the Consultant's failure to perform the Services. <br /> <br />3. 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 reflected 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 Agreement. <br /> <br />b. Payment Schedule. Invoices received from the Consultant pursuant to this Agreement <br />will be reviewed by the initiating City Department. If services have been rendered in <br />conformity with the Agreement, the invoice will be sent to the Finance Department for <br />payment. Invoices must reference the contract number assigned hereto. Invoices will <br />be paid in accordance with the State of Florida Prompt Payment Act. <br /> <br />c. 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 /> <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 the <br />City. This certifies that all services have been properly performed and all charges and <br />costs have been invoiced to the City. Since this account will thereupon be closed, any <br />other additional charges, if not properly included on this final invoice, are waived by the <br />Consultant. <br /> <br />Consultant shall make no other charges to the City for supplies, labor, taxes, licenses, permits, <br />overhead or any other expenses or costs unless any such expense or cost is incurred by Consultant with <br />the prior written approval of the City. If the City disputes any charges on the invoices, it may make <br />payment of the uncontested amounts and withhold payment on the contested amounts until they are <br />resolved by agreement with Consultant. <br /> <br />C0708-027 LUFT CONSUL TlNG, INC. AGREEMENT <br /> <br />2 <br />