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l <br /> 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth <br /> hereunder, this Agreement shall commence upon execution of the Agreement and shall terminate <br /> no later than three (3) years thereafter. <br /> 4. COMPENSATION. The Contractor agrees to provide Services on an as needed basis in <br /> an amount not to exceed Forty Thousand Dollars ($40,000.00) for equipment rental for various <br /> events held via the Cultural & Community Services Department in addition to Five Thousand <br /> Dollars ($5,000.00) for miscellaneous rentals on an as needed basis for the department of Public <br /> Works,bringing the total contract amount not to exceed Forty Five Thousand Dollars($45,000.00) <br /> ("Compensation"). The City is not required to reimburse the Contractor for any services beyond <br /> the agreed upon Compensation unless the services are authorized by amendment and approved as <br /> required by the City's purchasing procedures. Payment to Contractor for all charges and tasks <br /> under this Agreement shall be in accordance with this Agreement and a schedule of charges <br /> reflected in Attachment "A", which is attached hereto and incorporated herein by reference, and <br /> under the following conditions: <br /> a. Permit Fees. Actual permit fees shall be reimbursable to Contractor at cost, per <br /> Addendum No. 1 to ITB No. 16-08-01. <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 /> 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. In the event the City Commission fails to appropriate funds for the <br /> particular purpose of this Agreement during any year of term hereof, then this <br /> Agreement shall be terminated upon ten(10)days written notice and the Contractor <br /> shall be compensated for the Services satisfactorily performed prior to the effective <br /> date of termination. <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 billing <br /> to 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 /> be closed, any other additional charges, if not properly included on this final <br /> invoice, are waived by the Contractor. <br /> Contractor 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 Contractor <br /> with the prior written approval of the City. If the City disputes any charges on the invoices, it may <br /> make payment of the uncontested amounts and withhold payment on the contested amounts until <br /> they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or <br /> make it a guarantor of payment or surety for any contract, debt, obligation,judgment, lien, or any <br /> Page 2 of 8 S 0 <br /> B <br /> C2649-1617-009—SUNBELT RENTALS INC. <br />