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RESOLUTION NO.2014 -_R,-;�tO I <br />A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF <br />SUNNY ISLES BEACH, FLORIDA, APPROVING THE FOURTH <br />AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF <br />SUNNY ISLES BEACH AND LUKE'S LANDSCAPING, INC. D /B /A <br />LUKES - SAWGRASS LANDSCAPE, INC. FOR CITYWIDE <br />LANDSCAPING SERVICES IN SUBSTANTIALLY THE SAME <br />FORM ATTACHED HERETO AS EXHIBIT "A "; PROVIDING <br />THE CITY MANAGER AND THE CITY ATTORNEY WITH THE <br />AUTHORITY TO DO ALL THINGS NECESSARY TO <br />EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN <br />EFFECTIVE DATE. <br />WHEREAS, on August 21, 2012, the City of Sunny Isles Beach and Luke's <br />Landscaping, Inc. d /b /a Lukes - Sawgrass Landscape, Inc. ( "Lukes ") entered into an Agreement <br />for Citywide Landscaping Services (the "Agreement "); and <br />WHEREAS, this Agreement was entered into pursuant to Request for Proposal ( "RFP ") <br />No. 12 -05 -01 which requires Lukes to furnish a performance and payment bond for 100% of the <br />total recurring services; and <br />WHEREAS, this performance /payment bond requirement is resulting in additional, <br />unnecessary costs to Lukes, which in turn are being passed onto the City; and <br />WHEREAS, in order to waive the performance and payment bond requirement, currently <br />required by Section 2.7 of RFP No. 12- 05 -01, the parties are required to execute the Fourth <br />Amendment to the Agreement for Citywide Landscaping Services, in substantially the same form <br />attached hereto as Exhibit "A ". <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br />Section 1. Approving the Fourth Amendment to the Agreement. The City Commission <br />hereby agrees to approve the Fourth Amendment to the Agreement between the City of Sunny <br />Isles Beach and Luke's Landscaping, Inc. d /b /a Lukes - Sawgrass Landscape, Inc. dated August <br />21, 2012, for Citywide Landscaping Services, in substantially the same form attached hereto as <br />Exhibit "A ". <br />Section 2. Authorization of City Manager and City Attorney. The City Manager and City <br />Attorney are hereby authorized to do all things necessary to effectuate the terms of this <br />Resolution. <br />Section 3. Effective Date. This Resolution shall become effective upon adoption. <br />Page 1 of 2 <br />