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b. Payment Schedule. Services will be completed based on task orders requested by <br />City Manager or designee. Task orders for services shall be issued on an as needed <br />basis in accordance with the Contractor's Fee Schedule as reflected in Attachment <br />"A". Invoices received from the Consultant pursuant to this Agreement will be <br />reviewed by the initiating City Department. If services have been rendered in <br />conformity with the Agreement, the invoice will be sent to the Finance Department <br />for payment. Invoices must reference the contract number assigned hereto. <br />Invoices will be paid in accordance with the State of Florida Prompt Payment Act. <br />The City will pay properly submitted Consultant invoices within thirty (30) days of <br />receipt, for completed and accepted deliveries or specified services and/or goods, <br />unless the City notifies the Consultant in writing of the dispute, before the payment <br />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. <br />d. Final Invoice. In order for both parties herein to close their books and records, the <br />Consultant will clearly state "final invoice" on the Consultant'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 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 />invoices, it may make payment of the uncontested amounts and withhold payment on the contested <br />amounts until they are resolved by agreement with Consultant. Consultant shall not pledge the <br />City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, <br />judgment, lien, or any form of indebtedness. The Consultant further warrants and represents that <br />it has no obligation or indebtedness that would impair its ability to fulfill the terms of this <br />Agreement. <br />5. INDEPENDENT CONTRACTOR RELATIONSHIP. The Consultant 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 Consultant <br />an employee, partner, agent, shareholder, officer or in any other capacity other than as an <br />independent Consultant other than those obligations which have been or shall have been <br />undertaken by the City. Consultant shall be responsible for any and all of its own expenses in <br />performing its duties as contemplated under this Agreement. The City shall not be responsible for <br />any expense incurred by the Consultant. The City shall have no duty to withhold any Federal <br />income taxes or pay Social Security services and that such obligations shall be that of the <br />Consultant, other than those set forth in this Agreement. Consultant shall furnish its own <br />transportation, office and other supplies as it determines necessary in carrying out its duties under <br />this Agreement. <br />114-6885 APTIM ENVIRONMENTAL & INFRASTRUCTURE, INC. <br />