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SUNNY IS(F 04 `�Bm AGREEMENT BETWEEN THE CITY OF SUNNY ISLES s s ' BEACH FLOP AND FABRICON MODULAR, LLC -',o . CONTRACT NO. 2024-8836 THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement'� is made in duplicate, this day of August, 2024, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and FABRICON MODULAR, LLC, a Florida limited liability company, whose Federal Employer Identification (FEI) No. is 85-2007862. RECITALS WHEREAS, the City is in need of a Contractor to supply, install, and construct a modular and pre-engineered building (hereinafter "Equipment") at 18070 Collins Avenue, as more particularly described in Attachment "A" (collectively "Services"); and WHEREAS, Contractor is a certified and insured company with the necessary experience to provide the desired Services; and WHEREAS, the Florida Panhandle Area Educational Consortium, as a Purchasing Agency for the Florida Buy State Cooperative Purchasing program (hereinafter "Florida Buy") issued Request for Proposals (RFP) No. 21-15 entitled "Modular & Pre -Engineered Buildings," appended hereto as Attachment "B" and awarded an agreement with Contractor for a three (3) year period, with an option to renew for two (2) additional 12 -month terms (Contract Number 22-172); and WHEREAS, the City desires to enter into an intergovernmental cooperative agreement with Contractor, using Florida Buy's bid and pricing information, to provide the Services described in Attachment "A," subject to the terms and conditions contained herein; and WHEREAS, pursuant to the City's procurement code provisions, Section 62-13(I), purchases made through intergovernmental cooperative purchasing arrangements or purchasing consortiums organized as a corporation not for profit whose members are governmental entities, provided that such cooperative purchasing arrangements or consortiums provide for a competitive process to select a vendor are exempt from the City's bidding procedures; and WHEREAS, 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 Two Hundred Seven Thousand Seven Hundred Fifty -Five Dollars and Ninety Cents ($207,755.90), which includes a ten percent (10%) contingency amount of Eighteen Thousand Eight Hundred Eighty - Six Dollars and Ninety Cents ($18,886.90); NOW THEREFORE, in consideration of the promises and the mutual covenants herein name, the parties agree as follows: TERMS RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. FABRICON MODULAR, LLC 172