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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 />3. TERM. Subject to the provisions relating to the termination of this Agreement as set <br />forth hereunder, the term of this Agreement shall begin upon the execution date of this <br />Agreement and shall end no later than 45 (forty-five) calendar days from the issuance of a notice <br />to proceed from the City. Payment will be made only for work completed to the satisfaction of <br />the City. Contractor is to commence performance of work from the execution date of this <br />Agreement and shall continue in a diligent manner until the Services are complete. Contractor <br />acknowledges that compliance with the commencement and completion schedule is the essence <br />of this Agreement. The terms of Sections 22 and 23 entitled "Indemnification and Waiver of <br />Liability," and "Compliance with Law," respectively, shall survive termination of this <br />Agreement. <br /> <br />4. COMPENSATION. Payment to Contractor for all charges and tasks under this <br />Agreement shall be in accordance with this Agreement and the schedule of charges reflected in <br />Attachment "A" and under the following conditions: <br /> <br />a. Disbursements. There are no reimbursable expenses associated with this contract. <br /> <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 /> <br />c. Availabilitv 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, <br />the Contractor will clearly state "final invoice" on the Contractor's fInal/last <br />billing to the City. This certifies that all services have been properly performed <br />and all charges and costs have been invoiced to the City. Since this account will <br />thereupon be closed, any other additional charges, if not properly included on this <br />final invoice, are waived by the Contractor. <br /> <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 <br />Contractor 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 Contractor. Contractor shall not <br />pledge the City's credit or ll)ake it a guarantor of payment or surety for any contract, debt, <br /> <br />CIOII-023 United Iron & Aluminum Agreement <br /> <br />. <br />