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<br />substantial completion of the Services, and whether or not fabricated, installed or <br />completed. The Contractor shall bear all costs of correcting such rejected Services. <br /> <br />3. ADDITIONAL SERVICES. If the need for additional work or changes under this <br />Agreement is identified by Contractor during the course of performing its obligations <br />hereunder, Contractor shall set forth such additional work and the cost thereof in a <br />supplemental work order (a "Supplemental Work Order") and submit such Supplemental <br />Work Order for approval by the City. No such additional work shall be done or paid for <br />without the specific prior written approval of the City. <br /> <br />4. TERM. This Agreement shall be for a term of , beginning <br />, and ending , unless terminated sooner pursuant to <br />paragraph 12 of this Agreement. Services shall commence upon execution by both parties <br />and the issuance of a Notice to Proceed (the "Commencement Date"). Any change in fee, <br />terms or conditions shall be accomplished by written amendment to this Agreement and <br />approval by the City. <br /> <br />5. TIME OF PERFORMANCE. Time is of the essence of this Agreement. The <br />parties agree that all tasks specified in RFP No. 09-11-01, and Attachment "A", shall be <br />substantially complete no later than from the Commencement Date <br />("Substantial Completion Date"), unless extended through mutual agreement in writing by <br />the City and Contractor. A reasonable extension of time shall be granted in the event the <br />work of the Contractor is delayed or prevented by the City or by circumstances beyond the <br />reasonable control of the Contractor including weather conditions or acts of God which <br />render the performance of the Contractor's duty impracticable. <br /> <br />6. COMPENSATION. Payment to Contractor for all charges and tasks under this <br />Agreement shall not exceed a total amount of $ in accordance <br />with this Agreement and the schedule of charges reflected in Exhibit "A". This fee to the <br />Contractor shall be disbursed on a monthly basis accompanied by itemized invoices and <br />under the following conditions: <br /> <br />a. Disbursements. There are no reimbursable expenses associated with this <br />contract. <br /> <br />b. Payment Schedule. Invoices received for services rendered in conformity <br />with the Agreement will be sent to the Finance Department for payment. <br />Invoices must reference the contract number assigned hereto. Invoices will be <br />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 <br />this Agreement is contingent upon an annual appropriation for its purpose by <br />the City Commission. <br /> <br />d. Final Invoice. In order for both parties herein to close their books and <br />records, the Contractor will clearly state "final invoice" on the Contractor's <br />final/last billing to the City. This certifies that all services have been properly <br />performed and all charges and costs have been invoiced to the City. Since this <br /> <br />22 <br />