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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br />2. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement, <br />as well as the terms and conditions of the Florida Buy RFP No. 21-15, and awarded agreement <br />with Contractor (Contract Number 22-172), which are specifically incorporated herein and made <br />a part hereof as Attachment `B," as well as Contractor's Proposal, attached and incorporated herein <br />as Attachment "A" (hereinafter referred to collectively as "Contract Documents"). In the event of <br />any conflict between or among the contract documents or any ambiguity or missing specifications <br />or instruction, the following priority is established: <br />A. First, this Agreement Between the City of Sunny Isles Beach and Fabricon Modular, <br />LLC — Contract No. 2024-8836. <br />B. Second, the terms and conditions of Florida Buy RFP No. 21-15, and Contract Number <br />22-172. <br />C. Third, Contractor's Proposal, appended as Attachment "A." <br />3. SERVICES. Contractor shall provide the Equipment and Services to the City pursuant to <br />the terms and conditions set forth in the Contract Documents, to specifically include, but not <br />limited to, supplying, installing, and constructing a modular and pre-engineered building at <br />18070 Collins Avenue, as more particularly described in Attachment "A." <br />A. Order and Delivery. Contractor will deliver the Equipment to a delivery location <br />identified by the City. It is understood and agreed that Contractor, in reliance on the <br />promises of City, contained herein, is specially ordering the Equipment described in <br />Attachment "A" from the manufacturer, based on information supplied to Contractor <br />by City. In so ordering this Equipment, City understands that the Equipment may not <br />be standard, readily resalable product, and that Contractor is incurring extraordinary <br />costs and expenses in ordering this Equipment from the manufacturer. Upon delivery, <br />City shall inspect and accept the Equipment. The Equipment is deemed finally accepted <br />at the time of delivery to the delivery location, unless City notifies Contractor of a <br />defect or deficiency with the Equipment in writing by electronic mail, and by regular <br />mail addressed to Contractor's address provided in Section 16 of this Agreement within <br />forty-eight (48) hours after Contractor 's delivery of the Equipment to the delivery <br />location. <br />B. City's Site. City shall choose a firm level site, accessible by truck, to locate the <br />Equipment. City shall own such site and/or have express legal authorization to locate <br />the Equipment upon that same site. If City fails to provide such a site, then Contractor <br />shall pay for any resulting additional delivery and installation charges, including but <br />not limited to, storage related charges attributable to delayed delivery and/or <br />installation of the Equipment required and/or requested by City. <br />C. Title. The Parties expressly agree that title to the Equipment shall pass from Contractor <br />to City only after City has paid Contractor the total purchase price of the Equipment, <br />as indicated in Attachment "A." City grants to Contractor a security interest in the <br />Equipment until such time as Contractor has received the total purchase price for the <br />Equipment. Documents of title, if any, as available to Contractor, related to the <br />Equipment will be provided to City thirty (30) business days after the total purchase <br />price has been paid by City to Contractor. All licenses, title and/or permits required <br />FABRICON MODULAR, LLC a 173 <br />