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a5 <br />O` SVNNY /S(E9 <br />CITY OF SUNNY ISLES BEACH <br />' PARK/MEDIAN/RIGHT-OF-WAY <br />f�l,� _L pP '• <br />LANDSCAPE MAINTENANCEAGREEMENT <br />Ot SUN <br />THIS AGREEMENT, entered into this IS %Vt` day of N D%)Cm6*__ 2001, by and <br />between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to "City") and LUKES' <br />LANDSCAPING, INC. (hereinafter referred to as "Contractor"). <br />WHEREAS, the City is in need of landscape maintenance services for its parks, medians, <br />and right-of-ways; and <br />WHEREAS, the City desires to contract with Contractor to provide the services described in <br />Attachment "A", and for the consideration hereinafter named, Contractor covenants and agrees with <br />the City as follows: <br />1. Services. Contractor agrees to furnish all labor and materials in a good and <br />workmanlike and professional manner, to perform the work designated in Attachment "A" attached <br />hereto, which is incorporated herein by reference. The services described in Attachment "A" shall be <br />performed by Contractor to the full satisfaction of the City. Contractor agrees to have a qualified <br />representative inspect the Property on a regular basis to ensure all services are being performed in <br />accordance with Attachment "A" and shall report to the City accordingly. Contractor agrees to <br />immediately inform the City via telephone and in writing of any problems that could cause damage <br />to Property, improvements and persons at the Property. Contractor will require its employees to <br />perform their work in a manner befitting the type and scope of work to be performed. In the event <br />that the Contractor fails to complete performance pursuant to the terms of this contract and City must <br />undertake the completion of performance of services, Contractor agrees to indemnify the City for all <br />costs incurred with respect to the completion of those services and any damages the City may suffer <br />as a result of the failure of performance by Contractor. <br />2. Additional Services. If the need for additional work or changes under this Agreement is <br />identified by Contractor during the course of performing its obligations hereunder, Contractor shall <br />set forth such additional work and the cost thereof in a supplemental work order (a "Supplemental <br />Work Order") and submit such Supplemental Work Order for approval by the City. No such <br />additional work shall be done or paid for without the specific prior written approval of the City. <br />3. Payment for Vendor's Services. Payment to Contractor for all charges under this <br />Agreement shall be in accordance with this Agreement and a schedule of charges or tasks reflected in <br />Attachment "A". The unit prices contained in the first two-year period shall be maintained <br />throughout the applicable six -year contract. Moreover, the Contractor shall make no other charges to <br />the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless <br />any such expense or cost is incurred by Contractor with the prior written approval of the City. If the <br />City disputes any charges on the invoices, it may make payment of the uncontested amounts and <br />withhold payment on the contested amounts until they are resolved by agreement with Contractor. <br />4. Undisclosed Conditions. In the event that undisclosed conditions are discovered during <br />the performance of this Agreement, the City shall have the right to cancel this Agreement upon thirty <br />Page 1 of 4 <br />Landscape Mtnc - Lukes' Landscaping. Doc <br />