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 Botanical Dimensions Inc, a corporation, hereinafter referred to as "BD ",
PO Box 13257, Tampa, FL 33681.
WHEREAS, the City requires landscaping services on 576 parcels of
land /property segmented into six (6) Zones;
and
WHEREAS, BD agrees to provide landscaping services as described in
Invitation to Bid (ITB) #29 -16, Landscaping Services, for Zone 6 - Southwest;
NOW THEREFORE, in consideration of the promises stated herein, the City
and BD mutually agree as follows:
1. SCOPE OF PROJECT.
BD agrees to provide Landscaping Services for Zone 6 - Southwest per the
Detailed Specifications and Terms and Conditions set forth in Invitation to Bid
Number 29 -16, Landscaping Services, and BD's 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 BD a sum not to exceed $54,351.00 as described in BD's 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 BD's
compensation and changes in the terms of this Contract which are mutually agreed
upon by and between City and BD shall be effective when memorialized in writing,
approved /accepted by both parties.
4. METHOD OF PAYMENT.
BD's 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.
Botanical Dimensions Inc
Henry Tastet Jr., President
PO Box 13257
Tampa FL 33681
813- 831 -6689
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City of Clearwater
Alexis Wells, Landscape Manager
PO Box 4748
Clearwater FL 33758
727 - 462 -6139
6. TERMINATION OF CONTRACT.
Termination by the City is pursuant to ITB No. 29 -16 Terms and Conditions.
7. INDEMNIFICATION AND INSURANCE.
BD 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.
BD 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.
BD 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:
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George N. Cretekos
Mayor
Appr
form:
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Assistant City Attorney
Attest:
Print Name:
Secretary
CITY OF CLEARWATER, FLORIDA
By:
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William B. Home II
City Manager
Attest:
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Rosemarie Call
City Clerk
Botanical Dimensions Inc.
By:
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