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• <br /> City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br /> (305) 947-0606 phone (305) 949-3113 Fax <br /> Sections 15 and 16 entitled "Indemnification and Waiver of Liability" and "Compliance with <br /> Law"respectively, shall survive termination of this Agreement. <br /> 4. COMPENSATION. As the entire compensation under this Agreement and during the <br /> terms of this Agreement, in whatever capacity rendered, the City shall pay Consultant an <br /> amount not to exceed Twenty Five Thousand Dollars ($25,000.00) in accordance with the fee <br /> proposal, for the performance of the stated Services. Payment to Consultant for all charges and <br /> tasks under this Agreement shall be in accordance with this Agreement and the schedule of <br /> charges reflected in Attachment "A", which fee shall be disbursed on a monthly basis and under <br /> the following conditions: <br /> a. Disbursements. There are no reimbursable expenses associated with this <br /> contract, except for such expenses approved by the City Manager. <br /> b. Payment Schedule. Invoices received from the Consultant 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. <br /> Consultant shall make no other charges to the City for supplies, labor, taxes, licenses, <br /> permits, overhead or any other expenses or costs unless any such expense or cost is incurred by <br /> Consultant with the prior written approval of the City. If the City disputes any charges on the <br /> invoices, it may make payment of the uncontested amounts and withhold payment on the <br /> contested amounts until they are resolved by agreement with Consultant. <br /> Consultant shall not pledge the City's credit or make it a guarantor of payment or surety <br /> for any contract, debt, obligation,judgment, lien, or any form of indebtedness. The Consultant <br /> further warrants and represents that it has no obligation or indebtedness that would impair its <br /> ability to fulfill the terms of this Agreement. <br /> 5. INDEPENDENT CONTRACTOR RELATIONSHIP. The Consultant is an <br /> independent contractor and shall be treated as such for all purposes. Nothing contained in this <br /> Agreement or any action of the parties shall be construed to constitute or to render the <br /> Consultant an employee, partner, agent, shareholder, officer or in any other capacity other than <br /> as an independent contractor other than those obligations which have been or shall have been <br /> undertaken by the City. Consultant shall be responsible for any and all of its own expenses in <br /> performing its duties as contemplated under this Agreement. The City shall not be responsible <br /> for any expense incurred by the Consultant. The City shall have no duty to withhold any <br /> Federal income taxes or pay Social Security services and that such obligations shall be that of <br /> the Consultant, other than those set forth in this Agreement. Consultant shall furnish its own <br /> 2 <br /> C1415-032 HPF ASSOCIATES,INC. S I B <br />