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<br /> <br />CITY OF SUNNY ISLES BEACH <br />SHADE COVERING PURCHASE AND <br />INSTALLATION AGREEMENT <br /> <br />THIS AGREEMENT, entered into this 24 'fIl day of ,];uu/ 2002, by and <br />between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to "City") and SUPEluOR <br />PARK SYSTEMS, INC. (hereinafter referred to as "Contractor"). <br /> <br />WHEREAS, the City desires to provide shade covering for the playground equipment at the <br />Golden Shores Pocket Park and the Senator Gwen Margolis Park; and <br /> <br />WHEREAS, the City desires to contract with Contractor to provide the services described in <br />Attachment "A", and for the consideration hereinafter named, Contractor covenants and agrees with <br />the City as follows: <br /> <br />1. Services. Contractor agrees to furnish all labor and materials in a good and <br />workmanlike and professional manner, to perform the work designated in Attachment "A" attached <br />hereto, which is incorporated herein by reference. Contractor shal~ perform the services described in <br />Attachment "A" to the full satisfaction of the City. Contractor agrees to have a qualified <br />representative inspect the Property on a regular basis to ensure all services are being performed in <br />accordance with Attachment "A" and shall report to the City accordingly. Contractor agrees to <br />immediately inform the City via telephone and in writing of any problems that could cause damage <br />to Property, improvements and persons at the Property. Contractor will require its employees to <br />perform their work in a manner befitting the type and scope of work to be performed. In the event <br />that the Contractor fails to complete performance pursuant to the terms of this contract and City must <br />undertake the completion of performance of services, Contractor agrees to indemnify the City for all <br />costs incurred with respect to the completion of those services and any damages the City may suffer <br />as a result of the failure of performance by Contractor. <br /> <br />2. Additional Services. If Contractor identifies the need for additional work or changes <br />under this Agreement during the course of performing its obligations hereunder, Contractor shall set <br />forth such additional work and the cost thereof in a supplemental work order (a "Supplemental Work <br />Order") and submit such Supplemental Work Order for approval by the City. No such additional <br />work shall be done or paid for without the specific prior written approval of the City. <br /> <br />3. Payment for Vendor's Services. Payment to Contractor for all charges under this <br />Agreement shall be in accordance with this Agreement and a schedule of charges or tasks reflected in <br />Attachment "A". The Contractor shall make no other charges to the City for supplies, labor, taxes, <br />licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred <br />by Contractor with the prior written approval of the City. If the City disputes any charges on the <br />invoices, it may make payment of the uncontested amounts and withhold payment on the contested <br />amounts until they are resolved by agreement with Contractor. <br /> <br />4. Undisclosed Conditions. In the event that undisclosed conditions are discovered during <br />the performance of this Agreement, the City shall have the right to cancel this Agreement upon thirty <br /> <br />Page 1 of 4 <br /> <br />SIB <br /> <br />Shade Covering - Superior Park Systems <br />