HomeMy Public PortalAbout1999 Agreeement Letter dated July 28.tifGorgeous Lawns and Gardens, Inc.
Department of Finance and Administrative Services
Village Countzl
Joe I Rasco, Mayor
Gregory C Han, Vice Mayor
Scott Bass
Martha Fdez-Leo❑ Broucek
Alan H Fein
Mortimer Fried
Robert Oldakowski
Director
Thomas N Zannis, CPA
Mr. Jesus Rodriguez, President
Gorgeous Lawns and Gardens ihc.
19495 S.W. 210 Street
Miami, FL 33133
RE: Letter Renewal Agreement
Dear Mr. Rodriguez:
July 28, 1999
Please be advised I am renewing our landscape maintenance agreement dated September 1, 1997 and
ending September 30, 1999 between your firm and the Village. The renewal is in accordance with
section III, paragraph (b) which authorizes the 1997 agreement to be renewed for one (1) additional,
two (2) year term. Part II of the bid specifications dated May 9, 1997 also addresses this issue.
The renewal is effective October 1, 1999 and the contract ends October 31, 2001. The Village has the
right of thirty (30) day termination of this letter renewal agreement. The contractor recognizes that the
contract does not have a mutual right of termination. Please see section III (C). A copy of the 1997
contract and the landscape maintenance specifications are attached and made part of this two (2) year
letter renewal agreement. Thank you.
CSK/adv
enclosures
Accepted:
f .! Attachments:
es ' o. ri _uez, rest. / L 1997 Landscape Maintenance Specifications
2. 1997 Contract
Very truly your ,
I
ainuel issig
illage Manager
85 West McIntyre Street • Key Biscayne, Florida 33149 • (305) 365-5511 • Fax (305) 365-8936
LANDSCAPE SERVICES AGREEMENT
THIS AGREEMENT is entered into this
sl-
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 pursuant to this Agreement are reasonably regarded by
Village as crucial to the unique aesthetic features of the
Village and that the Village must 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") .
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(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 and local laws necessary
to perform the services described in the Specifications.
(F) Prior to commencing the performance of service
hereunder, Contractor shall provide to Village evidence of the
liability insurance required by the Specifications. Each
insurance policy shall state that it is not cancelable or
subject to 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 Manager
Village of Key Biscayne
85 West McIntyre Street
Key Biscayne, Florida 33149
4
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
AND GARDENS, INC.
By:
Title: President
Witness
Witnes
103001\landscape.agr
September 23, 1997 11:26am
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VILLAGE OF KEY BISCAYNE
Bv:
Village Mana
suant to Village Council
rization of August 26, 1997
gi'd/e6P
Clerk
OVED AS TO LEGAL FORM
SUFFICIENCY
Village Attorney
VILLAGE OF KEY BISCAYNE
MISCELLANEOUS PARK, CUL-DE-SAC,
RIGHT-OF-WAY, AND BALL FIELD AREAS INCLUDING
PUBLIC WORKS AND MISCELLANEOUS FUNCTIONS
KEY BISCAYNE,
FLORIDA
APRIL, 1994
REV. 5-10-94
REV. 5-9-97
LANDSCAPE MAINTENANCE
SPECIFICATIONS
ODA
O'LEARY DESIGN ASSOCIATES PA
LANDSCAPE ARCHITECTURE win PLANNING
URBAN DESICN GRAPHIC DESIGN
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