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<br /> <br />CITY OF SUNNY ISLES BEACH <br />AGREEMENT WITH FOR <br />THE DESIGN AND CONSTRUCTION OF <br />FABRIC CANOPY STRUCTURE AT <br />GOVERNMENT CENTER <br />CONTRACT NO. <br /> <br />THIS AGREEMENT, entered into this day of 2010, by <br />and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to the "City") <br />and a Florida corporation, authorized to do business in the State of <br />Florida (hereinafter referred to as the "Contractor"), whose federal tax identification number <br />IS <br /> <br />RECIT ALS <br /> <br />WHEREAS, the City is in need of a contractor for the design and construction of <br />fabric canopy structure at Government Center ("Services"), as more particularly described in <br />Attachment "A", attached hereto and made a part hereof; and <br /> <br />WHEREAS, the Contractor is qualified, willing and able to provide the Services on <br />the terms and conditions set forth herein; and <br /> <br />WHEREAS, the City desires to enter into this Agreement with Contractor to provide <br />the Services in a total amount not to exceed <br /> <br />NOW THEREFORE, in consideration of the foregoing and for the mutual <br />covenants, representations and warranties and other good and valuable consideration, the <br />receipt and adequacy of which is hereby acknowledged, the parties agree as follows: <br /> <br />1. RECITALS. The Recitals set forth above are hereby incorporated into this agreement <br />and made a part hereof for reference. <br /> <br />2. SERVICES. Contractor shall provide to the City the Services as more particularly <br />described in Attachment "A" attached hereto and made a part hereof. <br /> <br />3. TERM. Subject to the provisions relating to the termination of this Agreement as set <br />forth in Paragraph 10 hereunder, the term of this Agreement shall commence from the <br />execution date of this Agreement and the Services shall be completed no later than 60 (sixty) <br />days thereafter. <br /> <br />4. LIQUIDATED DAMAGES AND OTHER REMEDIES FOR DELAY. In the event <br />the Services are not completed within 60 (Sixty) days from the execution date of this <br />Agreement, and in the absence of any extended calendar days granted by City, then the <br />Contractor shall be required to pay a liquidated damage penalty of $300.00 (Three Hundred <br />Dollars) for each calendar day beyond the 60 (Sixty) days period, continuing to the time at <br />which the Services are complete. Such amount is the actual cash value agreed upon as the <br />loss to City resulting from Contractor's delay. Additionally, the City shall also be entitled to <br /> <br />17 <br />