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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br /> (305) 947-0606 phone (305) 949-3113 Fax <br /> b. Payment Schedule. Invoices received from the Contractor pursuant to this <br /> Agreement will be reviewed by the initiating City Department. Payments shall <br /> made only after completion of each monthly service period. If services have been <br /> rendered in conformity with the Agreement, the invoice will be sent to the Finance <br /> Department for payment. Invoices must reference the contract number assigned <br /> hereto. Invoices will be paid in accordance with the State of Florida Prompt <br /> Payment Act. The City will pay properly submitted Contractor invoices following <br /> each quarterly period within 30 (thirty)days of receipt, for completed and accepted <br /> deliveries or specified services unless the City notifies the Contractor in writing of <br /> the dispute, before the payment is due. <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. If the City should not appropriate or otherwise make available funds <br /> sufficient to purchase the Services procured pursuant to this Agreement, the City <br /> may unilaterally terminate any and all contractual or other obligations herein <br /> without any further liability or penalty upon twenty (20)days' notice to Contractor. <br /> d. Final Invoice. In order for both parties herein to close their books and records, the <br /> Contractor will clearly state "final invoice" on the Contractor's final/last billing to <br /> the City. This certifies that all services have been properly performed and all <br /> charges and costs have been invoiced to the City. Since this account will thereupon <br /> be closed, any other additional charges, if not properly included on this final <br /> invoice, are waived by the Contractor. <br /> Contractor 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 /> Contractor with the prior written approval of the City. If the City disputes any charges on the <br /> invoices, it may make payment of the uncontested amounts and withhold payment on the contested <br /> amounts until they are resolved by agreement with Contractor. <br /> Contractor shall not pledge the City's credit or make it a guarantor of payment or surety <br /> for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor <br /> further warrants and represents that it has no obligation or indebtedness that would impair its <br /> ability to fulfill the terms of this Agreement. <br /> 5. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an <br /> independent contractor and shall be treated as such for all purposes. Nothing contained in this <br /> Agreement or any action of the parties shall be construed to constitute or to render the Contractor <br /> an employee, partner, agent, shareholder, officer or in any other capacity other than as an <br /> independent contractor other than those obligations which have been or shall have been undertaken <br /> by the City. Contractor shall be responsible for any and all of its own expenses in performing its <br /> duties as contemplated under this Agreement. The City shall not be responsible for any expense <br /> incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or <br /> pay Social Security services and that such obligations shall be that of the Contractor, other than <br /> 2 SIB <br /> C6 I 89-1516-069 ACADEMY BUS. LLC. <br />