Reso 2002-433 - Laserfiche WebLink

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EXHIBIT 'A' TAX EXEMPTION AGREEMENT TO CONTRACT City of Sunny Isles Beach April 11, 2002 The Contractor and the Owner desire to enter into an arrangement whereby certain purchases under the Contract can be made through the Owner as a means of taking advantage ofthe Owner's status of being exempt from sales and use tax. 1. Notwithstanding anything in the Contract to the contrary, the Owner shall directly purchase all materials and equipment identified in the Contract Documents as required for incorporation into the Project ("Owner-Provided Materials"). The Owner does hereby grant to the Contractor the full authority as an agent of the Owner to prepare, place and execute Purchase Orders for and in the name of the Owner for all Owner-Provided Materials. The Contractor as agent of the Owner shall sign such Purchase Orders. 2. The Owner will be liable for the timely payment for all Owner-Provided Materials. The Contractor will submit requisitions for orders of Owner-Provided Materials to the Owner for approval when required. Vendors will render statements ("OPM Invoices") to the Owner for any Owner-Provided Materials purchased. The Owner will provide copies of all OPM Invoices to the Contractor upon approval by the Owner. After reviewing the OPM Invoices, the Contractor will return these OPM Invoices with proper back up to the Owner for payment. The Owner shall make payment directly to the respective vendors as provided in the OPM Invoices. The Owner will send such vendor payments along with Contractor payment to the Contractor who will, as Owner's agent, distribute such vendor payments to the respective vendors in return for Releases of Lien. The Owner will provide Contractor with any tax exemption certificates or other documents required or useful to provide to the vendors of Owner-Provided Materials to evidence the tax-exempt status of the Owner. 3. The Contract Sum and GMP shall be reduced by the sum of all Costs of the Work paid by the Owner for Owner-Provided Materials plus any applicable sales and use tax amounts initially included in the Contract Sum and GMP for such Owner-Provided Materials. 4. The Contractor shall maintain separate accounting records for all transactions carried out under the authority of this Agreement. Such records shall be open to the Owner during normal business hours of the Contractor. 5. The Contractor shall select, obtain approvals, submit samples, price shop drawings, pursue, receive, inspect, and accept or reject all Owner-Provided Materials purchased in the manner described herein per the Contract. The Contractor shall remain responsible for the proper installation of all Owner- Provided Materials and will continue to warrant its installation of these Owner-Provided Materials as provided in the Contract. This Agreement will not be an acceptable excuse for delay to the construction schedule. 6. The authority granted the Contractor hereunder may be revoked by the Owner at any time upon written notice delivered to the Contractor at its offices located at: 560 Village Boulevard, Suite #120, West Palm Beach, Florida 33409, during normal business hours. 7. The Owner agrees that the Contractor's Fee as set forth in the Contract shall not be reduced as a result of any Owner-Provided Materials deduct change orders; i.e., the Contractor's Fee shall continue to apply to the total sum of all remaining Costs of the Work plus the costs of all Owner-Provided Materials and plus the applicable tax amounts. L' ewise, all agreed charging rates based on the GMP or Contract Sum, including without limitation r nds and insurance, shall continue to be charged based on the total sum of the Contract Sum 0 GM amount plus the costs of all Owner-Provided M_.I' ond pI.. the .pplk.ble ,ox omou ,. ! ~~g:~~, . V .'1 \ ~/~-t./