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CITY OF SUNNY ISLES BEACH AND KMR CONSTRUCTION MANAGEMENT, INC. SERVICE AGREEMENT CONTRACT NO. 0607-094 THIS SERVICE AGREEMENT ("Agreement") entered into this2f:day of '- \l.V\U. 2007, by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to "City"), a municipal corporation of the State of Florida, and KMR CONSTRUCTION MANAGEMENT, INC., authorized to do business in the State of Florida (hereinafter referred to as "Contractor"), whose Federal I.D, # is 65-0380481, RECITALS WHEREAS, the City requires a foundation and slab to be designed and built for the pre- constructed restroom facility planned for the Town Center Park site ("Services"); and WHEREAS, on May 24, 2007, in response to the City's request for proposal for the Town Center Park Restrooms project, located at the northwest corner of l72nd Street and Collins Avenue, Contractor submitted the attached Proposal/Agreement for a Foundation and Slab, (Attachment "A"), attached hereto and made part hereof; and WHEREAS, Contractor's quote was the lowest of the three (3) quotes received by the City for this project and the City wishes to contract with Contractor to provide the desired Services as more particularly described in Attachment "A" for a total amount not to exceed Twenty Thousand Five Hundred and Fourteen Dollars ($20,514,00); and WHEREAS, the Contractor is qualified, willing and able to provide the desired Services, NOW THEREFORE, in consideration of the premises and the mutual covenants herein names, the parties agree as follows: TERMS I. RECITALS: The recitals set forth above are hereby incorporated into this Agreement and made a part hereof. 2, SERVICES: Contractor agrees to furnish all labor and materials in a good workmanlike and professional manner and to perform the Services designated in Attachment "A" attached hereto, and incorporated herein by reference. The Services shall be performed by Contractor to the full satisfaction of the City, Contractor agrees to have a qualified representative to audit and inspect the Services provided on a regular basis to ensure all Services are being performed in accordance with the City's needs and pursuant to the terms of this Agreement, and shall report to the City aecordingly, Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to the City's property, improvements and persons, Contractor will require its employees to perform their work in a manner befitting the type and scope of work to be performed" In the event that the Contractor fails to complete the Services pursuant to the terms of this contraet and City must undertake the completion of performance of Services, Contractor agrees to indemnify the _w. C0607-094 KMR Construction Management, Inc. Services Agreement "J c \\) .J