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Reso 2023-3556
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Reso 2023-3556
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Last modified
10/3/2023 12:45:23 PM
Creation date
10/2/2023 1:54:11 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2023-3556
Date (mm/dd/yyyy)
09/21/2023
Description
Waiving bidding requirements, approving Agreement w/ Brightview Landscaping, Inc, for landscaping maintenance svcs for City Right-of-Ways & Facilities
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br />1. RECITALS. The recitals set forth above are hereby incorporated into this Agreement and <br />made a part hereof for reference. <br />2. SERVICES. Contractor shall provide the Services, as more particularly described in <br />Attachment "A." The Services shall be performed by Contractor to the full satisfaction of the City. <br />Contractor agrees to furnish all labor and material in a good and workmanlike and professional <br />manner to perform Services. Contractor agrees to have a qualified representative to audit and <br />inspect the Services provided on a regular basis to ensure all Services are being performed in <br />accordance with the City's needs and pursuant to the terms of this Agreement, and shall report to <br />the City accordingly. Contractor agrees to immediately inform the City via telephone and in <br />writing of any problems that could cause damage to the City's property, improvements, and <br />persons. Contractor will require its employees to perform their work in a manner consistent with <br />the type and scope of work to be performed. In the event that the Contractor fails to complete the <br />Services pursuant to the terms of this contract and City must undertake the completion of <br />performance of Services, Contractor agrees to indemnify the City or all costs incurred with respect <br />to the completion of those Services and any damages the City may suffer as a result of Contractor's <br />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 8 hereunder, the term of this Agreement shall have an effective commencement <br />date of October 1, 2023, and shall terminate on September 30, 2024. There shall be no renewal <br />terms. <br />Payment will be made only for work completed to the satisfaction of the City. The terms of <br />Sections 16 and 18 titled "Indemnification and Waiver of Liability," and "Compliance with Law," <br />respectively, shall survive termination of this Agreement. <br />4. COMPENSATION. During the term of this Agreement, Contractor agrees to provide the <br />Basic Services, on a recurring basis, in a total amount not to exceed Five Hundred Twenty -Three <br />Thousand Eight Hundred Fifty Dollars and Forty -Four Cents ($523,850.44), and Supplemental <br />Services in an amount not -to -exceed Three Hundred Seventy -Six Thousand One Hundred Forty - <br />Nine Dollars and Fifty -Six Cents ($376,149.56), in accordance with Attachment "A," for a total <br />contract not -to -exceed amount of Nine Hundred Thousand Dollars and No Cents ($900,000.00). <br />Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with <br />the Contract Documents and the Fee Schedule as reflected in Attachment "A," under the following <br />conditions: <br />A. Disbursements. There are no reimbursable expenses associated with this <br />Agreement. <br />B. Payment Schedule. Invoices received from the Contractor pursuant to this <br />Agreement will be reviewed by the initiating City Department. <br />Contractor shall invoice the City for recurring monthly Basic Service payments of <br />Forty -Three Thousand Six Hundred Fifty -Four Dollars and Twenty Cents <br />Brightview Landscape Services, Inc. Page 2 of 16 <br />
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