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`+uNNY Isle <br />s <br />P» <br />FLOP' <br />AGREEMENT BETWEEN THE CITY OF SUNNY ISLES <br />BEACH AND BAUSCH ENTERPRISES, INC <br />CONTRACT NO.2026-9052 <br />THIS CONTRACTUAL AGREEMENT (hereinafter "Agreement") is made this 2l'A <br />day of May 2026, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter <br />"City"), and BAUSCH ENTERPRISES, INC, a Florida corporation, whose Federal Employer <br />Identification (FEI) No. is 65-0633847 (hereinafter "Contractor"). <br />RECITALS <br />WHEREAS, the City is in need of a contractor to fabricate and install five (5) <br />aluminum lifeguard towers at locations 158, 167, 182, 189, and 192, as more particularly <br />described in Attachment "A" (hereinafter "Services" or "Work"); and <br />WHEREAS, on February 28, 2023, the City of Fort Lauderdale issued Invitation to Bid <br />("ITB") No. 51, entitled "Purchase and Installation of Lifeguard Towers" and on July 10, 2023, <br />the City of Fort Lauderdale entered into an Agreement with Contractor for an initial one (1) year <br />period terminating June 5, 2024, with the option to renew for four (4) additional one-year, terms, <br />which option has currently been exercised through June 5, 2026; and <br />WHEREAS, pursuant to Section 62-13(C) of the City's Code of Ordinances, purchases <br />made under state, county or other governmental contracts, or competitive bids with other entities <br />are exempt from the City's competitive bidding procedures; and <br />WHEREAS, Contractor is a certified and insured company with the necessary experience <br />to provide the desired Services; and <br />WHEREAS, the City desires to enter into an agreement with Contractor, using the City of <br />Fort Lauderdale's bid and pricing information, to provide the Services, subject to the terms and <br />conditions contained herein; and <br />WHEREAS, the City wishes to enter into this Agreement with Contractor to provide the <br />desired Services, as more particularly described in Attachment "A," for an amount of Four <br />Hundred Sixty -Seven Thousand Five Hundred Dollars and No Cents ($467,500.00), plus Forty - <br />Six Thousand Dollars and No Cents ($46,000.00), as a contingency amount, if necessary, resulting <br />in a total not -to -exceed amount of Five Hundred Thirteen Thousand Five Hundred Dollars and No <br />Cents ($513,500.00); <br />NOW THEREFORE, in consideration of the promises and the mutual covenants set forth <br />herein, the parties agree as follows: <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 />as well as the terms and conditions of the ITB No. 51 entitled "Purchase and Installation of <br />Lifeguard Towers," and the awarded Agreement, which are specifically incorporated herein and <br />BAUSCH ENTERPRISES, INC. <br />67 <br />