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<br />4. COMPENSATION. Consultant agrees to provide the Services in an amount not to
<br />exceed Twenty Thousand Dollars ($20,000.00). Payment to Consultant for all charges under this
<br />Agreement shall be in accordance with this Agreement and a proposed fee schedule reflected in
<br />Attachment "A". Consultant shall submit invoices to the City's Finance Department on a
<br />monthly basis within ten (10) days following the end of each calendar month. City shall pay
<br />Consultant only for Services actually performed. The Consultant shall make no other charges to
<br />the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs
<br />unless any such expense or cost is incurred by Consultant with the prior written approval of the
<br />City. If the City disputes any charges on the invoices, it may make payment of the uncontested
<br />amounts and withhold payment on the contested amounts until they are resolved by agreement
<br />with Consultant.
<br />
<br />5. ACCESS TO FINANCIAL RECORDS: During the term of this Agreement, and for
<br />3 (three) years following expiration or termination of this Agreement, the City, at all reasonable
<br />times, shall be granted access to all files, books, and records (to include any correspondence,
<br />documents, papers, accounts, tapes, discs, and accounting records or other evidence pertaining to
<br />costs incurred) applicable to this Agreement in the custody and possession of the Consultant.
<br />The Consultant shall make all such records and materials available in their respective office(s) at
<br />all reasonable times for inspection by the City or by any other authorized representative of the
<br />City and copies shall be furnished at no cost to the City if requested. These rights and duties
<br />survive expiration or termination of this Agreement.
<br />
<br />6. INDEPENDENT CONSULTANT RELATIONSIllP: It is understood and agreed that
<br />nothing contained in this Agreement shall be deemed to create a partnership, joint venture, other
<br />association, or an employer/employee relationship between the Consultant and the City.
<br />Consultant shall be in the relation of an independent Consultant and is to have entire charge,
<br />control and supervision of the work to be performed hereunder.
<br />
<br />7. COMPLIANCE WITH LAW: Consultant shall comply with all laws, regulations and
<br />ordinances of any federal, state, or local governmental authority having jurisdiction with respect
<br />to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material
<br />permits, licenses, approvals and consents necessary for the lawful conduct of the activities
<br />contemplated under this Agreement. Specifically, Consultant shall comply with all applicable
<br />conflict of interest provisions as provided in state statutes, Miami-Dade County Code and the
<br />Code of the City of Sunny Isles Beach (Section 62-16 entitled "Ethics in Public Contracting").
<br />As provided in Section 62-16, Code of the City of Sunny Isles Beach, the City Commission may
<br />terminate this Contract for violation of the above-referenced ethical standards.
<br />
<br />8. INDEMNIFICATION AND WAIVER OF LIABILITY: The Consultant agrees, to
<br />the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents,
<br />representatives, officers, directors, officials and employees from and against claims, damages,
<br />losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of
<br />appellate proceedings) relating to, arising out of or resulting from any acts, errors, mistakes or
<br />omissions of Consultant, or any of its officers, employees, servants, agents or subcontractor, in
<br />the performance of its obligations under this Agreement.
<br />
<br />CIOII-Q40 RMPKFUNDING INC. AGREEMENT
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