The URL can be used to link to this page

Home My Public Portal About1995 Agreement.tifVILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into on the 2.7 day of �'brrry 1995 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 or Landscape Maintenance Supervisor, to perform the following services: Replace the existing impatiens and begonias on Crandon Boulevard with dwarf pentas in accordance with the following specifications: 1) All expired or existing annuals to be completely removed from site and disposed of. 2) All plant material to be Florida #1, or better. 3) All planting beds to be drenched with subdue or equal as per product label. 4) Provide and plant 4" pot - dwarf pentas. Varieties to be selected by a Village representative. 5) As backfill in the individual planting pits, use a nursery mix or 60% Florida Peat (containing no pine bark) and 40% sand 6) Use no mulch. 7) Top -dress area, after planting, with 13-13-13 (120 day nutri-cote slow release fertilizer by Florikan phone number (1-800-322-8666). Follow manufactures instructions for quantity per plant size. 8) The area to be planted has an existing underground 'wethose' irrigation system. Exercise care in removing existing vegetation and replanting new plants so as to not damage the underground system. 2. FEES FOR SERVICES The CONTRACTOR agrees to charge the Village for the above specified services at a rate of $1.03 per plant (quantity at ± 9,708 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. 2 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. 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. 3 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: 14. GOVERNING LAW Florida. 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, Fl 33149 Mr. Jesus Rodriguez President Gorgeous Lawns Inc. 19495 S.W. 210 Street Miami, Florida 33187 This Agreement shall be construed in accordance with the laws of the State of 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. 4 CONTRACTOR: VILLAGE: GORGEOUS LAWNS INC. Mr. Jesus Rodriguez 19495 S.W. 210 Street Miami, Florida 33187 (305) 251-7319 / 790-6692 By: 2 2?4 VILLAGE OF KEY BISCAYNE 85 West McIntyre Street Key Biscayne, Florida 33149 By: Attest: Authorized by Village Council January 24, 1995. C. Samuel Kissinger Village Manager uido H. In_uanzo, Village Clerk 5