Reso 2016-2631 - Laserfiche WebLink

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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305)947-0606 phone(305)949-3113 Fax 4. COMPENSATION. The City agrees to pay the Contractor a total amount not to exceed Sixty Thousand Dollars (560,000.00) for Fiscal Year 2016-2017, Sixty Five Thousand Dollars (565,000.00) for Fiscal Year 2017-2018, and Seventy Thousand Dollars ($70,000.00) for Fiscal Year 2018-2019, bringing the total contract amount not to exceed One Hundred Ninety Five Thousand Dollars (5195,000.00) to perform the Services, as more particularly described in Attachment "A". The actual amount paid by the City to Contractor during any Fiscal Year shall be based on invoiced orders made for Fiscal Year 2016-2017, Fiscal Year 2017-2018, and/or Fiscal Year 2018-2019. Prices shall remained fixed for the entirety of the term of this Agreement. Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with this Agreement and the schedule of charges reflected in Attachment "A", which fee shall be disbursed on a monthly basis and under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract. b. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. If Services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. c. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. d. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 5. LIQUIDATED DAMAGES. Time is of the essence in this Agreement. Notwithstanding any other Section in this Agreement, in the event the Contractor fails to install the holiday lights and decorations at Heritage Park by December 2, 2016, for Fiscal Year 2016- 2017,November 27, 2017 for Fiscal Year 2017-2018, and/or November 26, 2018 for Fiscal Year SIB C5607-1617-012—Miami Christmas Lights Page 2 of 10