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<br />AGREEMENT BETWEEN THE CITY OF SUNNY
<br />ISLES BEACH AND VISUALSCAPE, INC.
<br />CONTRACT NO. 2024-7556
<br />CIt OI fUlf
<br />THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is
<br />made in duplicate, this��day of October, 2024, by and between the CITY OF SUNNY
<br />ISLES BEACH, Florida, (hereinafter referred to as "City"), and VISUALSCAPE, INC., a
<br />Florida corporation, whose Federal Employer Identification (FEI) No. is 452599402 (hereinafter
<br />referred to as "Contractor").
<br />RECITALS
<br />WHEREAS, the City is in need of a primary non-exclusive Contractor to provide citywide,
<br />including City parks and rights-of-way landscape maintenance services, as more particularly described
<br />in Invitation to Bid No. 24-06-02, entitled "Citywide Landscape Maintenance Services," attached
<br />hereto as Attachment "A," and incorporated herein by reference and made a part hereof
<br />(hereinafter "Services); and
<br />WHEREAS, upon evaluation, Contractor was determined to have submitted the lowest
<br />responsible and responsive bid; and
<br />WHEREAS, Contractor is qualified, willing and able to provide the Services subject to
<br />the terms and conditions contained herein; and
<br />WHEREAS, the City desires to enter into this Agreement with Contractor to provide, as
<br />primary non-exclusive contractor, the Services in a total not -to -exceed amount of Five Million
<br />Two Hundred Thousand Dollars and No Cents ($5,200,000.00);
<br />NOW THEREFORE, in consideration of the promises and the mutual covenants set forth
<br />herein, the Parties agree as follows:
<br />1. RECITALS. The recitals set forth above are hereby incorporated into this Agreement and
<br />made a part hereof for reference.
<br />2. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement,
<br />as well as ITB No. 24-06-02, appended hereto as Attachment "A," and Contractor's Response
<br />thereto, appended hereto as Attachment "B" (hereinafter referred to collectively as "Contract
<br />Documents"). In the event of any conflict between or among the contract documents or any
<br />ambiguity or missing specifications or instruction, the following priority is established:
<br />A. First, this Agreement Between the City of Sunny Isles Beach and VisualScape, Inc. —
<br />Contract No. 2024-7556.
<br />B. Invitation to Bid No. 24-06-02, entitled "Citywide Landscape Maintenance Services."
<br />C. Second, Contractor's Response to ITB No. 24-06-02.
<br />3. SERVICES. Contractor shall provide the Services, as primary and non-exclusive
<br />contractor, as more particularly described in Attachment "A." Contractor shall provide all labor,
<br />materials, equipment, tools, qualified and certified supervision, and other items and services both
<br />necessary and incidental to ensure that the landscape maintenance services are performed in a
<br />manner that will maintain a healthy landscape and present a neat, clean, and professional
<br />appearance of all parks and recreational facilities areas, rights-of-way, bus shelter locations,
<br />mage t or iv
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