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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 />2. SERVICES: Consultant agrees to furnish all labor and materials in a good workmanlike and <br />professional manner and to perform the Services designated in Attachment "A" attached hereto, and <br />incorporated herein by reference. Consultant agrees to have a qualified representative to audit and <br />inspect the Services provided on a regular basis to ensure all Services are being performed in <br />accordance with the City's needs and pursuant to the terms of this Agreement, and shall report to the <br />City accordingly. Consultant agrees to immediately inform the City via telephone and in writing of <br />any problems that could cause damage to the City's property, improvements and persons. Consultant <br />will require its employees to perform their work in a manner befitting the type and scope of work to be <br />performed. <br /> <br />3. TERM: Subject to the provisions relating to the termination of this Agreement as set forth <br />hereunder, the term of this Agreement shall begin upon the execution of this Agreement and the <br />Services shall be completed by the completion date which is 120 (one hundred and twenty) days <br />thereafter. The term of this Agreement may be extended for an additional term at the option of the <br />City. Payment will be made only for work completed to the satisfaction of the City. Consultant is to <br />commence performance of work on the Commencement Date and continue in a diligent manner until <br />work is complete. Consultant acknowledges that compliance with the commencement and completion <br />schedule is the essence of this Agreement. The terms of Sections 9 and 10 entitled "Compliance with <br />Law" and "Indemnification and Waiver of Liability" respectively, shall survive termination of this <br />Agreement. <br /> <br />4. COMPENSATION. 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 invoiced to the City. Since this account <br />will thereupon be closed, any other additional charges, if not properly included on this <br />final invoice, are waived by the Consultant. <br /> <br />2 <br /> <br />C091O-055 LIVS ASSOCIATES AGREEMENT <br /> <br />V <br />I <br />