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Reso 2022-3402
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Reso 2022-3402
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Last modified
9/30/2022 4:14:47 PM
Creation date
9/30/2022 10:47:27 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2022-3402
Date (mm/dd/yyyy)
09/15/2022
Description
Approving 4th Amendment to Agreement w/ Brightview Landscape Services, Inc., for rights-of-way & facilities landscape services.
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commencement date of August t, 2018 and shall terminate no later than twenty six (26) months <br />thereafter, with the option to renew for three (3) additional one (1) year term. <br />.4. COMPENSA'1 ON.. During the term of this Agreement, Contractor agrees to provide <br />the desired Services to the City in a total amount not to exceed One Million Eight Hundred <br />Fifty Two Thousand Two Hundred Seventy One Dollars and Ten Cents (S1,852,271.10). <br />Payment to Contractor for all charges and tasks under this Agreement shall be in accordance <br />with the Contract Documents and the Fee Schedule as .reflected in Attachments "B" and <br />which is hereto attached, under the following conditions: <br />a. ' Disbursements. There are no reimbursable expenses associated with this <br />Agreement. <br />b. Payment Schedule. Invoices received fivrn the Contractor pursuant to this <br />Agreement will be reviewed by the , initiating City- Department. <br />Contractor shall•invoice the City for monthly recurring payments of Thirty Eight <br />Thousand Two Hundred Eighty Five Dollars ($38,285.00) for items in Group <br />A through D bf the recurring' monthly "Basic Services" Fee Schedule, as <br />particularly described in Attachment "B", and "Beach Access Paths" Fee <br />Schedule, as described in Attachment "C" which is attached hereto. All other <br />items, not previously described will be invoiced at the unit rate, as described in <br />Attachment "B". if services have been rendered in conformity with the <br />Agreement, the invoice will be sent "to the Finance Department for payment. <br />Invoices must reference the Agreement number assigned hereto. Invoices will be <br />paid in accordance with the State of Florida Prompt Payment Act. The City will <br />pay properly submitted Contractor invoices following each quarterly period <br />within thirty (30) days of receipt, for completed and accepted deliveries or <br />specified services and/or goods, unless the City notifies the Contractor in writing <br />of the dispute, before payment is due. <br />C. Availabili3Y of Funds. The City's performance and obligation to pay under this <br />Agreement is contingent upon an annual appropriation for its ptirpose by the City <br />Commission. In the event the City Commission fails to appropriate funds for the <br />particular purpose of this Agreement during any year of the term hereof, then this <br />Agreement shall be terminated upon twenty (20) days written notice and the <br />Contractor shall be compensated for the Services. satisfactorily performed prior <br />to the effective date of termination. <br />d. Final Invoice. In order for both parties herein to close their books and records, <br />the Contractor will clearly state "final invoice" on the Contractor's final/last <br />billing to the City. This certifies that all services have been properly performed <br />and all charges and costs have been invoiced to the City, Since this account will <br />thereupon be closed, any other additional charges, if not properly included on this <br />final invoice, are waived by the Contractor. <br />Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits; <br />overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor <br />094.1012 LUKES LANDSCAPING, INC. <br />
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