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<br /> <br />CITY OF SUNNY ISLES BEACH <br />AGREEMENT WITH AES PRECAST COMPANY, INC. <br />CONTRACT NO. C0910-048 <br /> <br />THIS AGREEMENT ("Agreement") entered into this _'2-1"'" day of JIAc...'( 2010, <br />by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to "City"), a municipal <br />corporation of the State of Florida, and AES PRECAST COMPANY, INC. an Alabama corporation <br />(hereinafter referred to as "Contractor") whose Federal I.D.# is lP3-1 \3lP1~c, . <br /> <br />RECIT ALS <br /> <br />WHEREAS, the City of Sunny Isles Beach is in need of a contractor to provide construction of a <br />concession stand at the City's skateboard park located at Town Center Park ("Services"); and <br /> <br />WHEREAS, Contractor is a sole source provider and has submitted a proposal to the City to <br />construct a prefabricated concession stand and therefore is exempt from the bidding requirements of the <br />City's procurement ordinance; and <br /> <br />WHEREAS, Contractor is a certified and insured company with the necessary experience to <br />provide the desired Services; and <br /> <br />WHEREAS, Contractor has expressed the ability and desire to provide these Services, as more <br />fully described in Attachment "A", which is attached hereto and made a part hereof; and <br /> <br />WHEREAS, the City desires to enter into an Agreement with Contractor to provide the Services <br />in a total amount not to exceed Fifty-One Thousand Two Hundred Thirty Dollars ($51,230.00). <br /> <br />NOW THEREFORE, in consideration of the premises and the mutual covenants herein, the <br />parties agree as follows: <br /> <br />TERMS <br /> <br />1. RECIT ALS. The Recitals set forth above are hereby incorporated into this Agreement and made <br />a part hereof for reference. <br /> <br />2. SERVICES. Contractor agrees to furnish all labor and materials in a good workmanlike and <br />professional manner and to perform the Services designated in Attachment "A" attached hereto, and <br />incorporated herein by reference. The Services shall be performed by Contractor to the full satisfaction <br />of the City. Contractor agrees to have a qualified representative to audit and inspect the Services <br />provided on a regular basis to ensure all Services are being performed in accordance with the City's <br />needs and pursuant to the terms of this Agreement, and shall report to the City accordingly. Contractor <br />agrees to immediately inform the City via telephone and in writing of any problems that could cause <br />damage to the City's property, improvements and persons. Contractor will require its employees to <br />perform their work in a manner befitting the type and scope of work to be performed. In the event that <br />the Contractor fails to complete the Services pursuant to the terms of this contract and City must <br /> <br />('I~ <br />. J I <br />I . <br />