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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 />TERMS <br />1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement <br />and made a part hereof for reference. <br />2. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement, <br />the terms and conditions of RFP No. COG -2143, entitled "Alternative and Renewable Energy <br />Solutions," the CCOG Master Agreement with Contractor, which are incorporated herein and <br />made a part hereof as Attachments "A" and `B," respectively, as well as Contractor's proposals <br />to the City which is incorporated herein and made a part hereof as Attachment "C" (hereinafter <br />collectively referred to as "Contract Documents"). In the event of any conflict between or among <br />the contract documents or any ambiguity or missing specifications or instruction, the following <br />priority is established: <br />A. First, this Agreement Between the City of Sunny Isles Beach and Advanced Roofing, <br />Inc., d/b/a Advanced Green Technologies — Contract No. 2024-7612-2. <br />B. Second, the terms and conditions of RFP No. COG -2143 and Master Agreement. <br />C. Third, Contractor's Proposal <br />3. SERVICES. Contractor shall provide the Services pursuant to the terms and conditions <br />set forth in the Contract Documents, including Contractor's Proposal appended hereto as <br />Attachment "C" (hereinafter referred to as "Services"), including a two (2) year Preventative <br />Maintenance Program. <br />The Services shall be performed by Contractor to the full satisfaction of the City. Contractor <br />agrees to furnish all labor and material in a good and workmanlike and professional manner to <br />perform Services. Contractor agrees to have a qualified representative to audit and inspect the <br />Services provided on a regular basis to ensure all Services are being performed in accordance with <br />the City's needs and pursuant to the terms of this Agreement and shall report to the City <br />accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any <br />problems that could cause damage to the City's property, improvements and persons. Contractor <br />will require its employees to perform their work in a manner befitting the type and scope of work <br />to be performed. In the event that the Contractor fails to complete the Services pursuant to the <br />terms of this contract and City must undertake the completion of performance of Services, <br />Contractor agrees to indemnify the City for all costs incurred with respect to the completion of <br />those Services and any damages the City may suffer as a result of the Contractor's failure to <br />perform the Services. <br />4. TERM. Subject to the provisions relating to the termination of this Agreement as set <br />forth hereunder, the term of this Agreement shall commence upon full execution of the <br />Agreement, and shall terminate one (1) year thereafter. <br />The terms of Sections 13, entitled "Indemnification and Waiver of Liability," Section 20, <br />entitled "Compliance with Law," Section 10, entitled "Warranty of Services & Materials," and <br />Section 11, entitled "Defective Work," shall survive termination of this Agreement. Contractor's <br />two (2) year Preventative Maintenance Program shall also survive termination of this Agreement. <br />ADVANCED ROOFING INC., D/B/A ADVANCED GREEN TECHNOLOGIES <br />