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Y <br /> City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br /> (305) 947-0606 phone(305)949-3113 Fax <br /> 4. TERM. Subject to the provisions relating to the termination of this Agreement as set <br /> forth hereunder, the term of this Agreement shall commence upon the date stated in a Notice to <br /> Proceed from the City Manager or his designee and shall terminate no later than Thirty (30) days <br /> thereafter. <br /> 5. COMPENSATION. During the term of this Agreement, in whatever capacity rendered, <br /> the City shall pay Contractor for Services performed under this Agreement in an amount not to <br /> exceed Forty Eight Thousand Five Hundred Fifty Nine Dollars and Ninety Nine Cents <br /> ($48,559.99), plus a contingency not to exceed amount of Five Thousand Dollars ($5,000.00) <br /> bringing this total contract amount not to exceed Fifty Three Thousand Five Hundred Fifty Nine <br /> Dollars and Ninety Nine Cents ($53,559.99). Any use of contingency funds are subject to pre- <br /> approval by the City Manager or his designee. <br /> Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with <br /> this Agreement and the schedule of charges reflected under the following conditions: <br /> a. Disbursements. There are no reimbursable expenses associated with this <br /> Agreement. <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. The City will pay properly submitted Contractor invoices <br /> within 30(thirty)days of receipt,for completed and accepted deliveries or specified <br /> services and/or goods, unless the City notifies the Contractor in writing of the <br /> dispute, before the payment is due. <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. If the City should not appropriate or otherwise make available funds <br /> sufficient to purchase the Services procured pursuant to this Agreement, the City <br /> may unilaterally terminate any and all contractual or other obligations herein <br /> without any further liability or penalty upon twenty (20)days' notice to Contractor. <br /> Any obligation for payment under this Agreement shall be made solely from <br /> appropriated funds. The City shall have no legal or equitable obligation to approve <br /> any funds in the future and in the event of the City's decision not to approve and <br /> appropriate any additional funds the City shall have no further liability to <br /> Contractor <br /> d. Final Invoice. In order for both parties herein to close their books and records,the <br /> Contractor will clearly state"final invoice" on the Contractor's final/last billing to <br /> the City. This certifies that all services have been properly performed and all <br /> charges and costs have been invoiced to the City. Since this account will thereupon <br /> 2 <br /> C5966-1516-102-SOUTHERN UNDERGROUND INDUSTRIES,INC. 4 >- <br />