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SECTION 13 DRAFT AGREEMENT CITY OF SUNNY ISLES BEACH LANDSCAPE MAINTENANCE SERVICES AGREEMENT WITH CONTRACT NO: C0708- THIS SERVICE AGREEMENT ("Agreement") made and entered into this day August 2007, 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, Contractor has expressed the ability and desire to provide Services, 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; and WHEREAS, the City's Code provides that any purchase in excess of $25,000.00 requires City Commission approval and compliance with the City's procurement code, which mandates that such purchases must be awarded by competitive bidding, with certain limited exceptions; and WHEREAS, in response to the City's Invitation to Bid No.: 2008 - the City determined that the Contractor was the lowest responsible responsive bidder whose bid best serves the interests of and represents the best value to the City in conformity with the criteria set forth in Section 62-8 of the City Code. 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: 13.1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 13.2. SERVICES., Contractor shall provide to the City, janitorial maintenance services, as more particularly described in Attachment "A" attached hereto and made a part hereof. 13.3. 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 two (2) options to renew this Agreement for three (3) years each, and shall commence upon execution by both parties and the issuance of a Notice to Proceed. In the event both the City and Contractor agree and elect to exercise its option to renew, Contractor agrees to honor the same prices reflected in Attachment "A". 13.4. 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, by the 22"d day of each month. Should the 22"d fall on a weekend