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9 <br />�n <br />U IS <br />Y na�.w�OP. <br />yf 'D9�♦ fLOp'� O`'� <br />N <br />QTY OF SU33 F <br />AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH <br />AND BRIGHTVIEW LANDSCAPE SERVICES, INC. <br />CONTRACT NO. 2023-6603 <br />THIS AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, <br />this JLS�day of September, 2023, by and between the CITY OF SUNNY ISLES BEACH, <br />Florida, (hereinafter referred to as "City"), and BRIGHTVIEW LANDSCAPE SERVICES, <br />INC., a corporation authorized to do business in the State of Florida (hereinafter referred to as <br />"Contractor") whose Federal I.D. # is 95-4194223. <br />RECITALS <br />WHEREAS, the City is in need of a Contractor to provide recurring Landscape <br />Maintenance Services throughout the City's rights-of-way, as well as City Facilities, including bus <br />shelters, parking lots, and beach access paths, as more particularly described in the Contractor's <br />proposal, attached hereto as Attachment "A," which is incorporated herein by reference ("Basic <br />Services); and <br />WHEREAS, the City is also in need of a Contractor to provide supplemental on -demand <br />Landscape Maintenance Services throughout City's rights-of-way and City Facilities <br />("Supplemental Services"); and <br />WHEREAS, Contractor is qualified, willing and able to provide the desired Basic and <br />Supplemental Services (hereinafter collectively "Services") subject to the terms and conditions <br />contained herein; and <br />WHEREAS, pursuant to the City's procurement code, Section 62-12, "[t]he City <br />Commission may authorize the waiver of competitive bidding procedures upon the <br />recommendation of the City Manager that it is in the City's best interest to do so, to obtain <br />goods and services which cannot be acquired through the normal purchasing process due <br />to insufficient time, the nature of the goods or services, or other factors;" and <br />WHEREAS, the City Manager has recommended that waiver of the competitive <br />bidding procedures as it relates to the Services, and under the terms and conditions set <br />forth herein, are in the City's best interests; and <br />WHEREAS, the City has conducted a good faith review of available sources and <br />negotiation as to price, delivery and terms for the Services; and <br />WHEREAS, the City desires to enter into this Agreement with Contractor to provide the <br />recurring Basic Services in a total amount not to exceed Five Hundred Twenty -Three Thousand <br />Eight Hundred Fifty Dollars and Forty -Four Cents ($523,850.44), and Supplemental Services in <br />an amount not -to -exceed Three Hundred Seventy -Six Thousand One Hundred Forty -Nine Dollars <br />and Fifty -Six Cents ($376,149.56), in accordance with Attachmente "A," for a total contract not - <br />to -exceed amount of Nine Hundred Thousand Dollars and No Cents ($900,000.00); and <br />NOW THEREFORE, in consideration of the promises and the mutual covenants herein, <br />the Parties agree as follows: <br />Brightview Landscape Services, Inc. Page 1 of 16 <br />