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0 <br />00 <br />N <br />City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br />its Metasys Facility Management System, as more particularly set forth in Attachment "A." <br />Contractor shall notify City of any technical issues that arise and will provide a quarterly report of <br />the system upon inspection. The Services shall be perforined by Contractor to the full satisfaction <br />of the City. Contractor agrees to furnish all labor and material in a good and workmanlike and <br />professional manner to perform Services. Contractor agrees to have a qualified representative to <br />audit and inspect the Services provided on a regular basis to ensure all Services are being <br />performed in accordance with the City's needs and pursuant to the terms of this Agreement and <br />shall report to the City accordingly. Contractor agrees to immediately inform the City via <br />telephone and in writing of any problems that could cause damage to the City's property, <br />improvements and persons. Contractor will require its employees to perform their work in a <br />manner befitting the type and scope of work to be performed. In the event that the Contractor fails <br />to complete the Services pursuant to the terms of this Agreement and City must undertake the <br />completion of performance of Services, Contractor agrees to indemnify the City for all costs <br />incurred with respect to the completion of those Services and any damages the City may suffer as <br />a result of the Contractor's failure to perform the Services. <br />3. TERM. Subject to the provisions relating to the termination of this Agreement as set <br />forth herein, this Agreement shall commence January 1, 2025, and shall continue for an initial term <br />of tluee (3) years. City, at its sole discretion, shall have the option to renew this Agreement for <br />two (2) one year terms. <br />The terms of Section 12, entitled "Indemnification and Waiver of Liability," Section 19, entitled <br />"Compliance with Law," Section 7, entitled Warranty of Services, and Section 8, entitled <br />"Defective Work," shall survive termination of this Agreement. <br />4. COMPENSATION. During the term of this Agreement, the City shall pay Contractor <br />for Services perfonned under this Agreement Thirty -Three Thousand Two Hundred Forty -Eight <br />Dollars and No Cents ($33,248.00) plus Twenty Thousand Seven Hundred Fifty -Two Dollars and <br />No Cents ($20,752.00) for contingency, if necessary, resulting in a total not -to -exceed amount of <br />Fifty -Four Thousand Dollars and No Cents ($54,000.00). Payment to Contractor for all charges <br />and tasks under this Agreement shall be in accordance with the following. <br />A. Disbursements. There are no reimbursable expenses associated with this contract <br />except for expenses approved by the City Manager. <br />B. Payment Schedule. Invoices received from the Contractor pursuant to this <br />Agreement will be reviewed by the initiating City Department. Invoices must <br />reference the contract number assigned hereto. Invoices will be paid in accordance <br />with the State of Florida Prompt Payment Act. The City will pay properly <br />submitted Contractor invoices following each monthly period within 30 (thirty) <br />days of receipt, for completed Services and accepted deliveries, unless the City <br />notifies the Contractor in writing of 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 fiinds <br />sufficient to purchase the Services procured pursuant to this Agreement, the City <br />JOHNSON CONTROLS, INC. <br />