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AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH <br />AND LUKES LANDSCAPING INC. <br />`'' • CONTRACT NO. 1012-099 <br />(PRIMARY R.O.W. AGREEMENT), <br />_THIS AG EMENT {hereinafter referred to as the "Agreement') is made in duplicate, <br />this = day of UM , 2018, by and between the CITY OF SUNNY ISLES BEACH, <br />Florida, (hereinafter ref rred to as "City"), and LUXES LANDSCAPINGt INC., a corporation <br />authorized to do business in the State of Florida (hereinafter referred to as "Contractor") whose <br />Federal I.D. 0 is 59-1587233. <br />RE ITA <br />WHEREAS, the City is 1kn need of a primary Contractor to provide Landscape <br />Maintenance Services throughout the City's Rights of Ways and Facilities ("Services"), as more <br />particularly described in Attachment "A", which is incorporated herein by reference; and <br />WHEREAS, Contractor is qualified, willing and able to provide the desired Services <br />subject to the terms and conditions contained herein; and <br />WHEREAS, the City desires to enter into this Agreement with Contractor to provide the <br />Services in a total amount not to exceed One Million Eight Hundred Fitly 'rwo Thousand <br />Tivo Hundred Seventy One Dollars and Ten Cents ($1,852,271.10) in accordance with <br />Attachments "B" and "C", a copy which is attached hereto. <br />NOW THEREFORE, in consideration of the promises and the mutual covenants herein <br />names, the parties agree as follows: <br />1. RECITALS.' The recitals set forih above are hereby incorporated into this Agreement <br />and made a part hereof for reference. <br />2. SERVICES. Contractor shall provide landscape maintenance to the City's rights of <br />ways and facilities as the primary Contractor for the Services, as more particularly described in <br />the Fee Schedules reflected in Attachments "B" and "C". The Services shall be performed by <br />Contractor to the full satisfaction of the City. Contractor agrees to furnish all labor and material <br />in a good and workmanlike and professional manner to perform Services. Contractor agrees to <br />have a qualified representative to audit and inspect the Services provided on a regular basis to <br />ensure all Services are being performed in accordance with the City's needs and pursuant to the <br />terms of this Agreement, and shall report to the City accordingly. Contractor agrees to <br />irn iiediately inform the City via telephone and in writing of any problems that could cause <br />damage to the City's property, improvements and persons. Contractor will require its employees <br />to perform their work in a manner consistent with the type and scope of work to be performed. <br />In the event that the Contractor. fails to complete the Services pursuant to the terms of this <br />contract and City must undertake the completion of performance of Services, Contractor agrees <br />to indemnify the City or all costs incurred with respect to the completion of those Services and <br />any damages the City may suffer as a result of Contractor's failure to perform the Services. <br />3. TERM. Subject to the provisions relating to the termination of this Agreement as <br />set forth in Section 7 hereunder, the term of this Agreement shall have an effective <br />049.1012 LUKES LANDSCAPMG, INC. <br />