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DRAFT AGREEMENT CITY OF SUNNY ISLES BEACH LANDSCAPE MAINTENANCE SERVICES AGREEMENT WITH CONTRACT NO: OF 5Ut-l THIS SERVICE AGREEMENT ("Agreement") made and entered into this day of 20_, by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal corporation of the State of Florida (hereinafter referred as to "City"), and , a Florida corporation, authorized to do business in the State of Florida (hereinafter referred to as "Contractor"). RECITALS WHEREAS, pursuant to Resolution No. , adopted by the City of Sunny Isles Beach City Commission on , 2010, the City Commission accepted the competitive proposal of Contractor to provide landscape maintenance services to the City (the "Work") and authorized the City Manager to enter into an agreement for the Work with the Contractor; and WHEREAS, Contractor has expressed the ability and desire to provide the Work subject to the terms and conditions contained herein, and has submitted a proposal to the City as more fully described in Attachment "A", which is attached hereto and made a part hereof. NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, representations and warranties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: ARTICLE 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. ARTICLE 2. SCOPE OF WORK. Contractor shall furnish all labor, materials and equipment and perform all the Work (as that term is defined in the "Invitation to Proposal - Proposal No. 10-11-01") in the manner and form provided by this Agreement for the Contract Term set forth in Article 3 below. ARTICLE 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder, this Agreement shall be for a term of three (3) years with three (3) options to renew this Agreement on a year to year basis, and shall commence upon execution by both parties and the issuance of a Notice to Proceed. ARTICLE 4. COMPENSATION. Payment to Contractor for all charges under this Agreement shall be in accordance with this Agreement and a schedule of charges reflected in Attachment "A". Contractor shall submit invoices on a monthly basis within ten (10) days following the end of each calendar month. City shall pay Contractor only for Work actually performed. The Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. In the event PAGE 90 OF 105 PROPOSAL No.