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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 />3. SERVICES. Contractor shall provide the Services, on an as -needed basis, as the <br />secondary and non-exclusive Contractor, pursuant to the terms and conditions set forth in the <br />Contract Documents, including but not limited to, providing all labor, equipment, and materials <br />for HVAC preventative maintenance, including inspections on chillers, pumps, cooling towers, air <br />handler units, pipes, valves, mini split units, emergency services, coil maintenance, duct cleaning, <br />regular filter replacement, and HEPA filters, at Gateway Park, Pelican Community Park, Public <br />Works Compound, The Spot, Heritage Park, and Town Center Park/Meditation Garden. <br />The Services shall be performed by Contractor to the full satisfaction of the City. Contractor <br />agrees to furnish all labor and material in a good and workmanlike and professional manner to <br />perform Services. Contractor agrees to have a qualified representative to audit and inspect the <br />Services provided on a regular basis to ensure all Services are being performed in accordance with <br />the City's needs and pursuant to the terms of this Agreement and shall report to the City <br />accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any <br />problems that could cause damage to the City's property, improvements and persons. Contractor <br />will require its employees to perform their work in a manner befitting the type and scope of work <br />to be performed. In the event the Contractor fails to complete the Services pursuant to the terms <br />of this Agreement and City must undertake the completion of performance of Services, Contractor <br />agrees to indemnify the City for all costs incurred with respect to the completion of those Services <br />and any damages the City may suffer as a result of the Contractor's failure to perform the Services. <br />4. TERM. Subject to the provisions relating to the termination of this Agreement as set <br />forth hereunder, the initial term of this Agreement shall commence on August 1, 2025, and shall <br />continue thereafter for a period of two (2) years. Prior to, or upon completion of the initial term, <br />the City shall have the option, at its sole discretion, to renew this Agreement for one (1) additional <br />three (3) year renewal term. <br />The terms of Section 11 entitled "Warranty of Services & Materials," Section 12 entitled <br />"Defective Work," Section 14, entitled "Indemnification and Waiver of Liability," and Section <br />21, entitled "Compliance with Law," shall survive termination of this Agreement. <br />5. COMPENSATION. During the term of this Agreement, the City shall pay Contractor for <br />Services performed under this Agreement, an amount not to exceed One Hundred Thousand <br />Dollars and No Cents ($100,000.00). Payment to Contractor for all charges under this Agreement <br />shall be in accordance with the Contract Documents, under the following conditions: <br />A. Disbursements. There are no reimbursable expenses associated with this contract <br />except for expenses approved by the City Manager. <br />B. Payment Schedule. Contractor shall submit invoices to the City by the 10t` day of <br />each month. Invoices received from the Contractor pursuant to this Agreement will <br />be reviewed by the initiating City Department. If Services have been rendered in <br />conformity with the Agreement, the invoice will be sent to the Finance Department <br />for payment. Invoices must reference the Agreement number assigned hereto. <br />Invoices will be paid in accordance with the State of Florida Prompt Payment Act. <br />C. Availability of Funds. The City's performance and obligation to pay under this <br />Agreement is contingent upon an annual appropriation for its purpose by the City <br />CON-MECH, INC. <br />