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DocuSign Envelope ID: E6E1E814-097B-44C8-BAAF-69FDA8B8354A <br />City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br />material to an unauthorized location. The amounts specified above are mutually agreed upon as a <br />reasonable and proper amount of damage the City should suffer by failure of the Contractor to <br />complete requirements set forth in the scope of work. <br />23. PERFORMANCE AND PAYMENT BOND. Upon activation of a task order by the City, <br />the Contractor will be required to provide Performance and Payment Bonds within three (3) calendar <br />days of a written `Notice to Proceed' by the City, each Bond shall be the amount equal to the total <br />one hundred percent (100%) of the amount of the Agreement. Once activated, the Payment and <br />Performance Bonds shall be in force for a period of not less than one (1) year from the date of <br />original execution by the Bond Surety. Bonds shall be executed by the Contractor and surety <br />company authorized to do business in the State of Florida with an A.M. Best rating of "A-" <br />(Excellent) or better, which bond shall be conditioned upon the successful completion of all work, <br />labor, services, materials to be provided and furnished, and the payment of all subcontractors, <br />materials and laborers. If the value of the contracted work increases, the Contractor shall be required <br />to provide an updated Performance and Payment Bond in an amount equal to the new value. <br />24. MISCELLANEOUS. <br />A. In the event any provision of this Agreement is found to be void and unenforceable <br />by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless <br />be binding upon the parties with the same effect as though the void or unenforceable provisions had <br />been severed and deleted. <br />B. This Agreement may be executed in multiple identical counterparts, each of which <br />shall be deemed an original for all purposes. <br />C. No waiver of any provision of this Agreement shall be valid or enforceable unless <br />such waiver is in writing and signed by the party granting such waiver. <br />D. Each individual executing this Agreement on behalf of a party hereto hereby <br />represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized <br />by all necessary and appropriate action to execute this Agreement on behalf of such party and does <br />so with full legal authority to bind their respective party to this Agreement. <br />E. This Agreement contains the entire agreement of the parties, and may be amended, <br />waived, changed, modified, extended, or rescinded only by in writing signed by the party against <br />whom any such amendment, waiver, change, modification, extension, and/or rescission is sought. <br />F. If there is a conflict or inconsistency between any term, statement, requirement, or <br />provision of any exhibit attached hereto, any document or events referred to herein, or any document <br />incorporated into this Agreement, the term, statement, requirement, or provision contained in this <br />Agreement shall prevail and be given superior effect and priority over any conflicting or inconsistent <br />term, statement, requirement or provision contained in any other document or attachment, including <br />but not limited to Attachments "A," and `B." <br />Phillips and Jordan, Incorporated Page 26 of 31 <br />