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Home My Public Portal About1997 Agreeement.tifAugust 28, 1997 Village Clerk. The Clerk reported that the Mayor had issued the following proclamations during the month of August: a.) Proclaiming August 25 -September 1, 1997 as Firefighter Appreciation Week; b.) Proclaiming September 16, 1997 as Florida International University Day; c.) Proclaiming September 16, 1997 as International Day of Peace; d.) Proclaiming September 17-23, 1997 as Constitution Week; e.) Proclaiming October 14-20, 1997 as Licensed Midwives Awareness Week; f.) Proclaiming November 18, 1997 as National Community Education Day. Village Manager. The Village Manager requested a motion to authorize him to award the following contracts: a.) Contract for landscaping maintenance services for a two year period to Gorgeous Lawns, Inc. in the amount of $ 99,967.00. The Attorney addressed the Council regarding this issue. Councilmember Fried made a motion to award the landscaping contract to Gorgeous Lawns, Inc. The motion was seconded by Councilmember Han and approved by a 4-0 roll call vote. The vote was as follows: Councilmembers Fried, Han, Vice Mayor Padovan and Mayor Festa voting Yes. Martha Broucek, 177 Ocean Lane Drive; Cecile Sanchez, 260 Cypress Drive; Carlos Coto, 310 Harbor Court; Jane Lusk Smith, 350 W. Enid Drive; Haydee Archibald, 881 Ocean Drive; Bob Hinkley, 800 Crandon Boulevard; Mike Bracken, 224 W. Mashta; Roger Castro, Property Manager of a Broward County addressed the Council. b.) Contracts for lighting Crandon Boulevard medians. 1. Installation $ 29,900 + 10% contingency for a total of $ 33,000 to Horsepower Electric, Inc. 2. Materials $ 33,234.30 + 10% contingency for a total of $37,000 to Paramount Electronic Distributor. Councilmember Han made a motion to award the contract for lighting Crandon Boulevard medians. Councilmember Fried seconded the motion. Mayor Festa made a motion to defer this item to the next Council meeting. The motion was seconded by Vice Mayor Padovan and failed by a 3-1 voice vote. The vote was as follows: Councilmembers Han, Vice Mayor Padovan and Mayor Festa voting Yes. Councilmember Fried voting No. Councilmember Fried made a motion to reconsider the motion to defer. The motion was seconded by Vice Mayor Padovan and approved by a 4-0 voice vote. The vote was as follows: Councilmembers Fried, Han, Vice Mayor Padovan and Mayor Festa voting Yes. The motion to defer was approved by a 4-0 voice vote. The vote was as follows: Councilmembers Fried, Han, Vice Mayor Padovan and Mayor Festa voting Yes. 3 of 5 LANDSCAPE SERVICES AGREEMENT THIS AGREEMENT is entered into this I SF day of September, 1997, by and between GORGEOUS LAWNS AND GARDENS, INC., a Florida corporation (the "Contractor") and the VILLAGE OF KEY BISCAYNE, FLORIDA (the "Village"). WHEREAS, pursuant to bids submitted on July 16, 1997, in response to detailed specifications, the Village Council has awarded this Landscape Services Agreement (the "Agreement") to Contractor in accordance with the Landscape Maintenance Specifications (the "Specifications") prepared by O'Leary Design Associates, P.A., as revised on May 9, 1997, as kept on file in the office of the Village Clerk; and WHEREAS, the undersigned parties desire to enter into this Agreement to implement the bid, as awarded by the Village Council. NOW, THEREFORE, IN CONSIDERATION FOR THE COVENANTS AND PROVISIONS HEREOF, THE PARTIES DO AGREE AS FOLLOWS: I. Obligations Of The Contractor. (A) During the term of this Agreement, the Contractor shall perform in a satisfactory and timely manner each and every of the services and tasks as described in the Specifications. Further, the Contractor understands and acknowledges that the services to be provided by Contractor to Village Village Village pursuant to this Agreement as crucial to the unique and that the Village must are reasonably regarded by aesthetic features of the have a continued level of confidence in the performance of such services to its satisfaction. (B) During the term of this Agreement, the Contractor shall abide by and comply with each and every of the obligations and duties imposed upon the Contractor by the Specifications, as if set forth at length herein. II. Obligations Of The Village. (A) In accordance with the bid awarded by the Village Council, during the term hereof, as compensation for services provided in accordance with this Agreement, the Village shall pay Contractor a total annual compensation of $99,967.00, for each year of the term hereof, payable in equal monthly installments of $8,330.58, pursuant to monthly invoices from Contractor. Such invoices shall be billed by Contractor on the 5th of each month for service provided in the immediately previous month. (B) Additional compensation shall be payable by Village for additional services requested by Village in accordance with the prices bid pursuant to item no. 15 through and including item no. 34 of the Contractor's bid. The bid is on file in the Office of the Village Clerk. Any such services shall be billed in Contractor's monthly invoice. Nothing in this Agreement shall preclude the Village, at its discretion, from utilizing other firms for any such additional services. III. Term Of Agreement. (A) The term of this Agreement shall be for a period of two years commencing on October 1, 1997, and expiring on September 30, 1999 (the "Initial Term"). 2 (B) The parties may mutually agree to renew this Agreement for additional one year terms beyond the Initial Term. Any such yearly renewal is subject to the written approval of the Village Manager of Village. (C) Notwithstanding the provisions of paragraphs A and B above, the Village may terminate this Agreement, in its sole discretion, at any time, during the Initial Term or during any renewal period, upon thirty (30) days advance written notice to the Contractor. The Village's right of termination shall be exercised by the Village Manager and shall be at the sole discretion of the Manager. Contractor recognizes that Contractor does not have a mutual right of termination and agrees and acknowledges that other covenants of this Agreement provide consideration for this provision. (D) In the event of termination of this Agreement by Village pursuant to paragraph (C) above, Village shall pay Contractor compensation solely up to the date of the monthly installment due under Section 2(A) above and shall not have any further obligation to compensate Contractor. IV. General Provisions. (A) The Specifications constitute a part of this Agreement. (B) This Agreement shall not be assignable by the Contractor. (C) This Agreement shall be construed in accordance with the laws of the State of Florida. Venue for any litigation 3 hereunder shall be in Dade County, Florida. (D) 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. (E) 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 to perform the services described in (F) Prior to commencing the hereunder, liability insurance subject to and local laws necessary the Specifications. performance of service Contractor shall provide to Village evidence of the insurance required by the Specifications. Each policy shall state that it is not cancelable or impairment without written notice to the Village 30 days prior to the effective date of said cancellation or impairment. V. Notices. All notices and communications hereunder to the Village or Contractor 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: C. Samuel Kissinger - Village Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 4 Manager With a copy to: Contractor: Richard Jay Weiss, Esq. - Village Attorney Weiss Serota & Helfman, P.A. 2665 South Bayshore Drive Suite 420 Miami, Florida 33133 Gorgeous Lawns and Gardens, Inc. 19495 S.W. 210 Street Miami, Florida 33187 Attn: Jesus Rodriguez, President or to such other address as either party may designate in writing to the other. IN WITNESS WHEREOF, the undersigned parties have accepted, made and executed this Agreement, in triplicate, on the date first indicated above. CONTRACTOR - GORGEOUS LAWNS VILLAGE OF KEY BISCAYNE AND GARDENS, INC. BY: -%1;,..,0 J�siis Rodrigu M Title: President Witness Bv: Village Mana suant to Village Council rization of August 26, 1997 Witnes , ►: • e Clerk OVED AS TO LEGAL FORM etary (A test �AND SUFFICIENCY 14/74° 103001\landscape.agr September 23, 1997 11:26am 5 Village Attorney