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logy AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND LUKES LANDSCAPING, INC. F°u+CONTRACT NO. 1012-099 PRIMARY R.O.W. AGREEMENT) HIS AGRF EMENT (hereinafter referred to as the "Agreement") is made in duplicate, this 1I V- day of `1 2018, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and LUKES LANDSCAPING, INC., a corporation authorized to do business in the State of Florida (hereinafter referred to as "Contractor") whose Federal I.D. # is 59-1587233. RECITALS WHEREAS, the City is in need of a primary Contractor to provide Landscape Maintenance Services throughout the City's Rights of Ways and Facilities ("Services"), as more particularly described in Attachment"A", which is incorporated herein by reference; and WHEREAS, Contractor is qualified, willing and able to provide the desired Services subject to the terms and conditions contained herein; and WHEREAS,the City desires to enter into this Agreement with Contractor to provide the Services in a total amount not to exceed One Million Eight Hundred Fifty Two Thousand Two Hundred Seventy One Dollars and Ten Cents (51,852,271.10) in accordance with Attachments "B" and "C", a copy which is attached hereto. NOW THEREFORE, in consideration of the promises 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 shall provide landscape maintenance to the City's rights of ways and facilities as the primary Contractor for the Services, as more particularly described in the Fee Schedules reflected in Attachments "B" and "C". The Services shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to furnish all labor and material in a good and workmanlike and professional manner to perform Services. 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 consistent with 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 agrees to indemnify the City or all costs incurred with respect to the completion of those Services and any damages the City may suffer as a result of Contractor's failure to perform the Services. 3.TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Section 7 hereunder, the term of this Agreement shall have an effective 099-1012 LUKES LANDSCAPING, INC.