Reso 2012-1882 - Laserfiche WebLink

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City of Sunny Isles Beacll 18070 Collins A venue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax be in accordance with this Agreement and the schedllle of charges reflected in Attachment "A" and under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract. b. Payment Schedule. Invoices received from the Contractor pursuant to tI1is 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. A vailabilitv of Funds. The City's perfonnancc and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. d. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor'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 Contractor. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs lInless any such expense or cost is incllrred by Contractor 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 contcsted amounts until they are rcsolved by agreement with Contractor. Contractor 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 Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. ~ 5. LI UIDATED DAMAGES AND OTHER REMEDIES FOR DELAY. In the event thc Services are not completed within the thirty ( ) day timeframe established in Section 3 of this Agreement, and in the absence of any extended calendar days granted by City, then the Contractor shall be required to pay a liquidated damage penalty of $500.00 (Five Hundred Dollars) for each calendar day the Services remain incomplete, continuing to the time at which the Services are complete. As compensation dlle the City for loss of use and for additional costs incurred by the City due to such non-completion of the Services, the City shall have the right to deduce said liquidated damages from any due, or that may become due to the Contractor under this Agreement, or to invoice thc Contractor for such damages if the costs incurred exceed the amount due the Contractor. Such amount is the actual cash value agrecd upon as the loss to City resulting from Contractor's delay. Additionally, the City reserves the right to withhold 50% of the total Compensation to be paid to Contractor until final completion and acceptance of the Services. '* (,0 ,<::>p.",/~ ~Q.o"""" "'l> t>-.'I <.'i"l' ~~I'-.;('" Cll12-023 STElGERBUlLT. LLC AGREEMENT Page 2 of9 f'1 ;,! t"\ \ R :l,.,,' U t Li