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OF iUl'l CITY OF SUNNY ISLES BEACH AGREEMENT WITH LUKES LANDSCAPING, INC. CONTRACT NO: C0708-040 THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is made in triplicate, this ~ J~ day of ~u~ ' 2008, by and between the CITY OF SUNNY ISLES BEACH, Florid, (hereinafter referred to as "CIty"), and LUKES LANDSCAPING. INC. (hereinafter referred to as "Contractor") whose Federal J.D. # is RECIT ALS WHEREAS, the City is need of landscaping services to include maintenance of landscape medians, trimming and/or removal of trees, planting and re-planting of narrow medians; and WHEREAS, Contractor has expressed the ability and desire to provide these Services subject to the terms and conditions contained in its proposal as more fully described in Attachment "A", which is attached hereto and made a part hereof; and WHEREAS, the City desires to contract with Contractor to provide the Services described in Attachment "A", attached hereto and made a part hereof; and WHEREAS, the City desires to enter into an Agreement with Contractor to provide the Services in a total amount not to exceed Five Hundred Thousand Dollars ($500,000,00), NOW THEREFORE, in consideration of the premises and the mutual covenants herein names, the parties agree as follows: 1, RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. SERVICES. Contractor agrees to furnish all labor and materials in a good workmanlike and professional manner and to perform the Services designated in Attachment "A" attached hereto, and incorporated herein by reference. The scope of services includes the procurement of landscape materials and/or services on an as needed basis as per Attachment "A", items A-I through K -12, The Services shall be performed by Contractor to the full satisfaction of the City, Contractor agrees to have a qualified representative to audit and inspect the Services provided on a regular basis to ensure all Services are being performed in accordance with the City's needs and pursuant to the terms of this Agreement, and shall report to the City accordingly, Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to the City's property, improvements and persons, Contractor will require its employees to perform their work in a manner befitting the type and scope of work to be performed. In the event that the Contractor fails to complete the Services pursuant to the terms of this contract and City must undertake the completion of performance of Services, Contractor C0708-040 LUKE'S LANDSCAPING INe. AGREEMENT Exhibit "A"