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OS,NtVY 1S`F@ <br />AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH <br />AND BRIGHTVIEW LANDSCAPE SERVICES, INC. <br />01 CONTRACT NO. 2024-6603 <br />C.fr OF 5Uµ'NO <br />THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is <br />made in duplicate, this _Z� day of September, 2024, by and between the CITY OF SUNNY <br />ISLES BEACH, Florida, (hereinafter referred to as "City"), and BRIGHTVIEW LANDSCAPE <br />SERVICES, INC., a Florida corporation, whose Federal Employer Identification (FEI) Number <br />is 95-4194223 (hereinafter referred to as "Contractor"). <br />RECITALS <br />WHEREAS, the City is in need of a secondary Contractor to provide citywide landscaping <br />services, including City parks and rights-of-way landscape maintenance services, on an as -needed basis, <br />as more particularly described in Invitation to Bid No. 24-06-02, entitled "Citywide Landscape <br />Maintenance Services," attached hereto as Attachment "A," and incorporated herein by reference <br />and made a part hereof (hereinafter "Services); and <br />WHEREAS, upon evaluation, Contractor was determined to have submitted the second <br />lowest responsible and responsive bid; and <br />WHEREAS, Contractor is qualified, willing and able to provide the Services subject to <br />the terms and conditions contained herein; and <br />WHEREAS, the City desires to enter into this Agreement with Contractor to provide, as <br />primary non-exclusive contractor, the Services in a total not -to -exceed amount of Five Hundred <br />Thousand Dollars and No Cents ($500,000.00); <br />NOW THEREFORE, in consideration of the promises and the mutual covenants set forth <br />herein, the Parties agree as follows: <br />1. RECITALS. The recitals set forth above are hereby incorporated into this Agreement and <br />made a part hereof for reference. <br />2. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement, <br />as well as ITB No. 24-06-02, appended hereto as Attachment "A," and Contractor's Response <br />thereto, appended hereto as Attachment `B" (hereinafter referred to collectively as "Contract <br />Documents"). In the event of any conflict between or among the contract documents or any <br />ambiguity or missing specifications or instruction, the following priority is established: <br />A. First, this Agreement Between the City of Sunny Isles Beach and Brightview <br />Landscape Services, Inc. — Contract No. 2024-6603. <br />B. Invitation to Bid No. 24-06-02, entitled "Citywide Landscape Maintenance Services." <br />C. Second, Contractor's Response to ITB No. 24-06-02. <br />3. SERVICES. Contractor shall provide the Services, as secondary contractor, on an as - <br />needed basis, as more particularly described in Attachment "A." Contractor shall provide all labor, <br />materials, equipment, tools, qualified and certified supervision, and other items and services both <br />necessary and incidental to ensure that the landscape maintenance services are performed in a <br />manner that will maintain a healthy landscape and present a neat, clean, and professional <br />appearance of all parks and recreational facilities areas, rights-of-way, bus shelter locations, <br />Page 1 5 231 <br />