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CITY OF SUNNY ISLES BEACH HV AC EQUIPMENT MAINTENANCE SERVICE AGREEMENT J.lHl ~ THIS AGREEMENT ("Agreement") entered into tlllS _Clay of .... i.u.U"_ 2006, by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to "City"), a municipal corporation of the State of Florida, and SOUTHEAST MECHANICAL CONTRACTORS, a Florida corporation authorized to do business in the State of Florida (hereinafter refen'ed to as "Contractor"). RECIT ALS \VHEREAS, the City is in need of a contractor to provide maintenance services for its heating, ventilation and air conditioning equipment ("Services"); and \VHEREAS, Contractor is qualified to provide said Services; and WHEREAS, Contractor has expressed the ability and desire to provide the desired Services subject to the tenns and conditions contained herein. WHEREAS, the City desires to contract with Contractor to provide the Services described in Exhibit "A", attached hereto and made a part hereof; and NOW THEREFORE, in consideration of the premises and the mutual covenants herein, the parties agree as follows: TERMS 1. RECITALS: The recitals set fmih above are hereby incorporated into this Agreement and made a part hereof. 2. SERVICES: Contractor agrees to fumish all labor and materials in a good and workmanlike and professionalmalmer and to perform the Services designated in Exhibit "A" attached hereto, which is incorporated herein by reference. The Services described in Exhibit "A" shall be perfonned by Contractor to the full satisfaction of the City. Contractor agrees to have a qualified representative to audit and inspect the Services provided on a regular basis to ensure all Services are being perfonned in accordance with Exhibit "A" and shall repmi to the City accordingly. Contractor agrees to immediately infol111 the City via telephone and in writing of any problems that could cause damage to the City's property, improvements and persons. Contractor will require its employees to perform their work in a manner befitting the type and scope of work to be perfol111ed. In the event that the Contractor fails to complete perfolmance pursuant to the tel111S of this contract and City must undertake the completion of perfolmance of Services, Contractor agrees to indemnify the City for reasonable costs incUlTed with respect to the completion of those Services and any damages the City may suffer as a result of the failure of performance by Contractor. 3. COMPENSATION: A. Contractor shall be compensated a total fee of Twenty-One Thousand Seven Hundred ancl Eighty-Nine Dollars and Five Cents ($21,789.05). Payment to Contractor for all charges under this Agreement shall be in accordance with this Agreement and a schedule of charges or tasks reflected in Exhibit "A", except for the telms and annual investment described in Section 5, SIB