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Home My Public Portal About1994 Agreement.tifLlorente, Waid and Mayor Festa voted No. The manager briefly discussed the Village's occupational license program and the possible appointment of an equity study committee to review the license fee structure. The manager reported on the following aspects of the Village's beautification program: Crandon Boulevard project; street tree planting program; landscaping program. re -sodding program; and neighborhood Mayor Festa made a motion awarding a contract to Salman Maintenance, 14775 Southwest 81 Street, Miami, for general landscape maintenance as follows: items 1-12 (as outlined in the bid document) in the amount of approximately $117,000.00; item 14 (solid sod) at a cost Page 3 of 6 June 14, 1994 of $0.1854 per square foot; item 15 (stump removal) at a cost of $45.00 per stump; and item 17 (reset trees) at a cost of $9.00 per tree. The motion was seconded by Councilman Llorente and adopted by a 5 - 0 voice vote. The vote was as follows: Councilmembers Llorente, Sime, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes. Mayor Festa made a motion awarding a contract to Gorgeous Lawns and Gardens, 19495 Southwest 210 Street, Miami, for general landscape maintenance as follows: item 13 (maintenance person) at a cost of $15.00 per hour and item 16 (tree removal) at a cost of $100.00 per tree. The motion was seconded by Councilman Llorente and adopted by a 4 - 0 - 1 voice vote. The vote was as follows: Councilmembers Llorente, Sime, Waid, and Mayor Festa voting Yes. Vice Mayor Rasco was absent during the vote. Mayor Festa made a motion awarding a contract to Turf Management, 17635 South Dixie Highway, Miami, for maintenance of the tree farm property in the amount of $6,950.00. The motion was seconded by Councilman Sime and adopted by a 4 - 0 - 1 voice vote. The vote was as follows: Councilmembers Llorente, Sime, Waid, and Mayor Festa voting Yes. Vice Mayor Rasco was absent during the vote. The manager gave a brief report regarding the stormwater utility project. The manager and Building, Zoning and Planning Director John Little made a presentation regarding proposed public bus shelters. Joyce VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into on the 1,./IA day of 1994 by and between the Village of Key Biscayne, Dade County, Florida, party of the first part (hereinafter called "Village"), and Gorgeous Lawns Inc., Miami, Florida, party of the second part (hereinafter called "Contractor"); RECITALS: The VILLAGE wants to engage the CONTRACTOR to perform certain professional services as specifically described in accordance with paragraph 1, scope of services to this Agreement ("Specified Services"). The CONTRACTOR wants to provide such Specified Services in connection with the Seasonal Colored Plant replacement on Crandon Boulevard. In consideration of the mutual covenants set forth in this Agreement, the parties agree as follows: 1. SCOPE OF SERVICES A. The CONTRACTOR agrees, as directed by the Village Landscape Architect, to perform the following services: Replace the existing caladiums on Crandon Boulevard with begonias and impatiens in accordance with the specifications attached as exhibit A. 2. FEES FOR SERVICES The CONTRACTOR agrees to charge the Village for the above specified services at a rate of $.92 per plant (quantity at ± 10,860 plants). Invoicing and payment: The CONTRACTOR will issue an invoice once the work has been completed. Said invoice is payable by the VILLAGE within 30 days. The VILLAGE shall pay to the Contractor for the faithful performance of this Contract, in lawful money of the United States. 3. TERM The term of this Agreement is 3 months unless terminated pursuant to paragraph 7 or extended pursuant to paragraph 9. 4. GENERAL TERMS AND CONDITIONS The VILLAGE reserves the right to increase or decrease the quantity of plants as described in the scope of work section of this agreement. 5. ASSIGNMENT This Agreement shall not be assignable by the CONTRACTOR. 6. PROHIBITION AGAINST CONTINGENT FEES The CONTRACTOR, warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the CONTRACTOR any fee, commission, percentage, gift, or any other consideration, continent upon or resulting from the award or making of this Agreement unless approved by the Manager of the Village of Key Biscayne. 7. TERMINATION This Agreement may be terminated by the VILLAGE upon ten days' written notice with or without cause and by the CONTRACTOR upon 45 days' written notice with or without cause. If this Agreement is terminated, the CONTRACTOR shall be paid in accordance with the provisions of Paragraph 2 of this contract for all acceptable work performed up to the date of termination. 8. NONEXCLUSIVE AGREEMENT The services to be provided by the CONTRACTOR pursuant to this Agreement shall be nonexclusive and nothing herein shall preclude the VILLAGE engaging other firms to perform the same or similar services for the benefit of the VILLAGE within the VILLAGE'S sole and absolute discretion. 9. ENTIRE AGREEMENT The parties hereby agree that this is the entire agreement between the parties. This Agreement cannot be amended or modified without the express written consent of the parties. 10. WARRANTIES OF CONTRACTOR The CONTRACTOR hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal, State and local laws necessary to perform the Specified Services. 2 The CONTRACTOR shall furnish proof that he has Worker's Compensation Insurance as required by Chapter 440, Florida Statutes and, where applicable, coverage for the U.S. Longshoremen's and Harbor Worker's Act and the Jones Act. The CONTRACTOR shall also furnish proof that he has Contractual Liability Insurance and Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the work, in an amount no less that $1,000,000 per Occurrence for Bodily Injury and Property Damage combined. 11. ATTORNEY'S FEES In connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. This provision shall exclude all litigation resolved by agreement of the parties. 12. NOTICES All notices and communications to the VILLAGE shall be in writing and shall be deemed to have been properly given if transmitted by registered or certified mail or hand delivery. All notices and communications shall be effective upon receipt. Notices shall be addressed as follows: Village: With a copy to: Contractor: C. Samuel Kissinger Village Manager Village of Key Biscayne 85 West McIntyre Street Key Biscayne, FL 33149 Richard Jay Weiss, Esq. Village Attorney Weiss Serota & Helfman, P.A. 2665 South Bayshore Drive Suite 204 Miami, Florida 33133 Guido, H. Inguanzo, Jr. Village Clerk Village of Key Biscayne 85 West McIntyre Street Key Biscayne, F1 33149 Mr. Jesus Rodriguez President Gorgeous Lawns Inc. 19495 S.W. 210 Street Miami, Florida 33187 3 14. GOVERNING LAW This Agreement shall be construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written. CONTRACTOR: GORGEOUS LAWNS INC Mr. Jesus Rodriguez 19495 S.W. 210 Street Miami, Florida 33187 By: Attest:. ��—'r By: VILLAGE: VILLAGE OF KEY BISCAYNE 85 West McIntyre Street Key Biscayne, Florida 33149 C. Samuel ssinger Village Manager Attest: Guido H nguanzo, Jr. Village Clerk Authorized by Village Council August 30, 1994. 4