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• <br /> City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br /> (305) 947-0606 phone (305) 949-3113 Fax <br /> 3. TERM. Subject to the provisions relating to the termination of this Agreement as set <br /> forth in Section 8 hereunder, this Agreement shall commence from the issuance of a Notice to <br /> Proceed from the City Manager or his designee and shall terminate upon the completion of <br /> Services. Payment will be made only for work completed to the satisfaction of the City. <br /> Consultant is to commence performance of work on the Commencement Date and continue in a <br /> diligent manner until work is complete. Consultant acknowledges that compliance with the <br /> commencement and completion schedule is the essence of this Agreement. The terms of <br /> Sections 16 and 17 entitled "Indemnification and Waiver of Liability" and '`Compliance with <br /> Law" respectively, shall survive termination of this Agreement. <br /> 4. COMPENSATION. As the entire compensation under this Agreement and during the <br /> terms of this Agreement, in whatever capacity rendered, the City shall pay Consultant an <br /> amount not to exceed One Hundred Three Thousand One Hundred Thirteen Dollars Fifty Cents <br /> ($103,113.50) for the performance of the stated Services. Payment to Consultant for all charges <br /> and tasks under this Agreement shall be in accordance with this Agreement and the schedule of <br /> charges reflected in Attachment "A", which fee shall be disbursed on a monthly basis and under <br /> the following conditions: <br /> a. Disbursements. There are no reimbursable expenses associated with this <br /> contract. <br /> b. Payment Schedule. Invoices received from the Consultant 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 /> c. Availability 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. [n order for both parties herein to close their books and records, <br /> the Consultant will clearly state "final invoice" on the Consultant'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 <br /> this final invoice, are waived by the Consultant. <br /> Consultant shall make no other charges to the City for supplies, labor, taxes, licenses, <br /> permits, overhead or any other expenses or costs unless any such expense or cost is incurred by <br /> Consultant with the prior written approval of the City. If the City disputes any charges on the <br /> 2 <br /> C1314-047 R.1 BEHAR & CO.. 1NC. `_ <br />