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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 />A. First, this Agreement Between the City of Sunny Isles Beach and J&J, Inc., d/b/a Eagle <br />Painting — Contract No. 2026-6901-3. <br />B. Second, the terms and conditions of ITB No. 23-04-12-CM, entitled "Miscellaneous <br />Painting and Pressure Cleaning Services," and of the awarded Agreement, appended <br />collectively as Attachment "A." <br />3. SERVICES. Contractor shall provide the Services pursuant to the terms and conditions <br />set forth in the Contract Documents. The Services shall be performed by Contractor to the full <br />satisfaction of the City. Contractor agrees to furnish all labor and material in a good and <br />workmanlike and professional manner to perform Services. Contractor agrees to have a qualified <br />representative to audit and inspect the Services provided on a regular basis to ensure all Services <br />are being performed in accordance with the City's needs and pursuant to the terms of this <br />Agreement and shall report to the City accordingly. Contractor agrees to immediately inform the <br />City via telephone and in writing of any problems that could cause damage to the City's property, <br />improvements and persons. Contractor will require its employees to perform their work in a <br />manner befitting the type and scope of work to be performed. In the event that the Contractor fails <br />to complete the Services pursuant to the terms of this contract and City must undertake the <br />completion of performance of Services, Contractor agrees to indemnify the City for all costs <br />incurred with respect to the completion of those Services and any damages the City may suffer as <br />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 term of this Agreement shall commence upon the execution of this Agreement <br />by all Parties and shall terminate on May 2, 2027. <br />The terms of Section 15, entitled "Indemnification and Waiver of Liability," Section 22, entitled <br />"Compliance with Law," Section 11, entitled "Warranty of Services," and Section 12, entitled <br />"Defective Work," and those specifically provided for in the Contract Documents, shall survive <br />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 Two Hundred Thousand <br />Dollars and No Cents ($200,000.00). Payment to Contractor for all charges and tasks under this <br />Agreement 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. Invoices received from the Contractor pursuant to this <br />Agreement will be reviewed by the initiating City Department. Invoices must <br />reference the contract number assigned hereto. Invoices will be paid in accordance <br />with the State of Florida Prompt Payment Act. The City will pay properly <br />submitted Contractor invoices following each monthly period within 30 (thirty) <br />days of receipt, for completed Services, unless the City notifies the Contractor in <br />writing of the dispute, before the payment is due. <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 />J&J, INC., DB/A EAGLE PAINTING <br />