Reso 2011-1792 - Laserfiche WebLink

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"Compliance with Law" and "Duty to Defend, Indemnify and Hold Harmless," respectively, shall survive termination of this Agreement. 4. COMPENSA TION. The City agrees to pay the Consultant an not to exceed one hundred and twenty five dollars ($125.00) per hour and shall be disbursed on a monthly basis as invoiced. Payment to Consultant for all charges and tasks under this Agreement shall be in accordance with this Agreement under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this Agreement. b. Payment Schedule. Invoices received from the Consultant 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. In the event the City fails to appropriate money for this specific purpose during any year under this Agreement, then this Agreement shall be canceled upon thirty (30) days written notice to the Consultant and the Consultant shall only be compensated for services satisfactorily performed up to the effective date of termination. d. Final Invoice. In order for both parties herein to close their books and records, the Consultant will clearly state "final invoice" on the Consultant'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 Consultant. Consultant 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 Consultant 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 Consultant. Consultant 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 Consultant further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 5. TERMINATION. A. If, through any cause within the reasonable control the Consultant shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Consultant of its violation of the particular terms of the agreement and grant Consultant seven (7) days to cure such default. If the default remains uncured after seven (7) days the City may terminate this agreement BELL DAVID Planning & Zoning Services Page 2 of6 - ,: o n I~' l.,.'