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, NY fS<PfP <br />G <br />�= <br />;r <br />AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH <br />AND RCP SHELTERS, INC. <br />h' <br />CONTRACT NO. 7076-036 <br />O► IYN <br />THIS AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, <br />this 26th day of March , 2019 by and between the CITY OF SUNNY ISLES <br />BEACH (hereinafter referred to as "City"), and RCP SHELTERS, INC., a Corporation <br />authorized to do business in the State of Florida (hereinafter referred to as "Contractor") <br />whose Federal I.D. # is 59-2595331. <br />RECITALS <br />WHEREAS, City is in need of a Contractor to furnish and install a Pavilion at Town <br />Center Park, located at 17200 Collins Avenue, as more particularly described in Attachment <br />"A", which is attached hereto and made part hereof, and <br />WHEREAS, Contractor has expressed the ability and desire to provide these Services to <br />the City pursuant to the pricing terms and conditions using Manatee County MCSD No. 16 -0025 - <br />MR Contract, which is incorporated herein by reference; and <br />WHEREAS, pursuant to the City's procurement code provisions, purchases made under <br />state, county or other governmental contracts, or competitive bids with other governmental <br />agencies are exempt from the City's competitive bidding procedures; and <br />WHEREAS, pursuant to the City's procurement code provisions, the City Commission <br />may authorize the wavier of the City's competitive bidding procedures for the additional <br />enhancements upon recommendation by the City Manager that is in the City's best interest to do <br />so due to insufficient time; and <br />WHEREAS, the City desires to enter into this Agreement with Contractor to provide the <br />desired Services as more particularly described in Attachment "A" , which is attached hereto and <br />incorporated herein by refefence, for a total amount not to exceed Seventy Two Thousand Five <br />Hundred Ninety Four Dollars ($72,594.00), in addition to a contingency amount not to exceed <br />Seven Thousand Two Hundred Fifty Nine Dollars and Forty Cents ($7,259.40), bringing the total <br />amount not to exceed Seventy Nine Thousand Eight Hundred Fifty Three Dollars and Forty Cents <br />($79,853.40). <br />NOW THEREFORE, in consideration of the mutual covenants contained herein, and for <br />other valuable consideration received, the receipt and sufficiency of which are hereby <br />acknowledged, the parties agree as follows: <br />1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement <br />and made a part hereof'for reference. <br />2. SERVICES. Contractor agrees to perform the Services as more particularly described in <br />Attachment "A", a copy of which is attached hereto and incorporated herein by reference. The <br />Services shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to <br />have a qualified representative to audit and inspect the Services provided on a regular basis to <br />ensure all Services are being performed in accordance with the City's needs and pursuant to the <br />terms of this Agreement, and shall report to the City accordingly. Contractor agrees to <br />7076-036 RCP Shelters, Inc. <br />