LANDSCAPE SERVICES AGREEMENTLANDSCAPE SERVICES AGREEMENT
THIS LANDSCAPE SERVICES AGREEMENT, entered into this 20th day of
October, 2016, by and between the CITY OF CLEARWATER, a Florida municipal
corporation, hereinafter referred to as "City ", P.O. Box 4748, Clearwater, Florida
33758 and Earth Designs, hereinafter referred to as "Earth Designs ", PO Box 4606,
Clearwater, FL 33758.
WHEREAS, the City requires landscaping services on 576 parcels of
land /property segmented into six (6) Zones;
and
WHEREAS, Earth Designs agrees to provide landscaping services as
described in Invitation to Bid (ITB) #29 -16, Landscaping Services, for Zone 4 — East ;
NOW THEREFORE, in consideration of the promises stated herein, the City
and Earth Designs mutually agree as follows:
1. SCOPE OF PROJECT.
Earth Designs agrees to provide Landscaping Services for Zone 4 - East per
the Detailed Specifications and Terms and Conditions set forth in Invitation to
Bid Number 29 -16, Landscaping Services, and Earth Designs' Invitation to Bid
(ITB) response dated August 10, 2016.
2. TIME OF PERFORMANCE.
The initial Contract Term shall commence on November 1, 2016 and end
September 30, 2017. Per the ITB, two (2), one (1) year renewal terms are
available, subject to the City's discretion.
3. COMPENSATION.
The City will pay Earth Designs a sum not to exceed $60,320.00 as described
in Earth Designs' ITB response dated August 10, 2016 - Zone Fee Schedule. The
City may, from time to time, require changes in the scope of Landscaping Services to
be performed hereunder. Such changes, including any increase or decrease in the
amount of Earth Designs' compensation and changes in the terms of this Contract
which are mutually agreed upon by and between City and Earth Designs shall be
effective when memorialized in writing, approved /accepted by both parties.
4. METHOD OF PAYMENT.
Earth Designs' invoices shall be submitted to the City for approval for payment
on a Net 30 basis. The City agrees to pay after approval under the terms of the
Florida Prompt Payment Act F.S. 218.70.
The City's performance and obligation to pay under this Contract is contingent
upon an annual appropriation of the City's budget.
5. NOTICES AND CHANGES OF ADDRESS.
Any notice required or permitted to be given by the provisions of this
Contract shall be conclusively deemed to have been received by a party hereto on
the date it is hand delivered to such party at the address indicated below (or at such
other address as such party shall specify to the other party in writing), or if sent by
registered or certified mail (postage prepaid) on the fifth (5th) business day after the
day on which such notice is mailed and properly addressed.
Earth Designs
Steve Griffin, Owner
PO Box 4606
Clearwater FL 33758
727 - 644 -8677
City of Clearwater
Alexis Wells, Landscape Manager
PO Box 4748
Clearwater FL 33758
727 - 462 -6139
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6. TERMINATION OF CONTRACT.
Termination by the City is pursuant to ITB No. 29 -16 Terms and Conditions.
7. INDEMNIFICATION AND INSURANCE.
Earth Designs agrees to comply with all terms, provisions, and requirements
contained in ITB No. 29 -16, made a part hereof as if said document were fully set
forth at length herein.
8. PROPRIETARY MATERIALS.
Not applicable to contract.
9. INTERESTS OF PARTIES.
Earth Designs covenants that its officers, employees and shareholders have
no interest and shall not acquire any interest, direct or indirect, which would conflict in
any manner or degree with the performance and /or provision of services required
under the terms and conditions of this Contract.
10. CONFORMANCE WITH LAWS.
Earth Designs agrees to comply with all applicable federal, state and local
laws during the life of this Contract.
11. ATTORNEY FEES.
In the event that either party seeks to enforce this Contract through
attorneys at law, then the parties agree that each party shall bear its own attorney
fees and costs.
12. GOVERNING LAW AND VENUE.
The laws of the State of Florida shall govern this Contract, and any action
brought by either party shall lie in Pinellas County, Florida.
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IN WITNESS WHEREOF, the parties hereto have executed this Contract as of
the date set forth above.
Countersigned:
C e-Orl� n CrCV,0s
George N. Cretekos
Mayor
Apprpved/a • for
Mathew S 'ith
Assistant City Attorney
Attest:
Print Name:
Secretary
CITY OF CLEARWATER, FLORIDA
By:
,44444,5-xL.
William B. Home II
City Manager
Attest:
(?4U
Rosemarie Call
City Clerk
Earth Designs
By:
Print Name: Q\ .\\D
Title: c \i t'C h
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