Reso 2011-1830 - Laserfiche WebLink

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AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND USA SHADE & FABRIC STRUCTURES, INC. CONTRACT NO. CII12-008 THIS AGREEMENT, entered into this ~4t,. day of \='~"-^4(2011, by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to'the "City") and USA SHADE AND FABRIC STRUCTURES, INC. a Florida corporation, authorized to do business in the State of Florida (hereinafter referred to as the "Contractor"), whose federal tax identification number is REC]T ALS WHEREAS, the City is in need of a contractor for the design and construction of fabric canopy structure at Heritage Park and Golden Shores Community Park ("Services"), as more particularly describcd in Attachment "A", attached hereto and made a part hereof; and WHEREAS, the Contractor is qualified, willing and able to provide the Services on the terms and conditions set forth herein; and WHEREAS, the City desires to enter into this Agreement with Contractor to provide the Services in a total amount not to exceed Three Hundred Thirty-Four Thousand Six Hundred Twenty-Three Dollars ($334,623.00). NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, representations and warranties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: I. RECITALS. The Recitals set forth above are hereby incorporated into this agreement and made a part hereof for reference. 2. SERVICES. Contractor shall provide to the City the Serviccs as more particularly described in Attachment "A" attached hereto and made a part hereof. Contractor's performance of Services shall allow pedestrian access from the Heritage Park parking garage to the Heritage Park area with minimal interruptions. Additionally, the Contractor's performance of Services at Golden Park and Heritage Park shall occur simultaneously. Contractor's wind load calculations shall be made per Florida Building Code (latest edition) as required by the City's Building Department. Contractor acknowledges that the Contractor's pricing detail sheets and General Terms and Conditions shall not apply to this Agreement and shall not be considered part of the Contract Documents, as defined in Section 1.23 of Request for Proposal No. 11-10-01. 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Paragraph 11 hereunder, the tenn of this Agreement shall commence from the issuance of a Notice to Proceed from the City Manager or his designee and the Services shall be completed no later than One Hundred Eighty-Seven (187) days thereafter. Exhibit "A" ('; f ~j ~.j 1 [; CII12-Q08USA SHADE & FABRIC STRUCTURE. Page lof11