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RESOLUTION NO. 2024 - 3� <br />A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, <br />FLORIDA, APPROVING A FIRST AMENDMENT TO THE AGREEMENT WITH GREEN <br />FACULTIES, INC. TO PROVIDE CARPET AND FLOOR MAINTENANCE SERVICES, IN <br />AN AMOUNT NOT TO EXCEED TWO HUNDRED FIFTEEN THOUSAND FIVE <br />HUNDRED DOLLARS AND NO CENTS ($215,500.00), ATTACHED HERETO AS <br />EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT; <br />AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO <br />EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. <br />WHEREAS, on January 9, 2024, the City of Sunny Isles Beach (the "City") issued and <br />advertised Invitation to Bid No. 24-01-01 ("ITB") to provide carpet and floor maintenance <br />services (the "Services"); and <br />WHEREAS, on February 15, 2024, via Resolution No. 2024-3621, the City Commission of <br />the City of Sunny Isles Beach awarded the ITB to, and approved Agreements with, Jumep Multy <br />Services LLC ("Primary Contractor") and Green Facilities Inc. ("Secondary Contractor"); and <br />WHEREAS, the Primary Contractor has expressed their unwillingness and inability to <br />perform their obligations set forth in their Agreement with the City; and <br />WHEREAS, Section 9(A) of the Agreement states that, "The City may, by written notice <br />to Contractor, terminate the contract if Contractor has been found to have failed to perform <br />the Services in a manner satisfactory to the City as per specifications set forth in the Contract <br />Documents. The date of termination shall be stated in the notice. The City shall be the sole <br />judge of non-performance."; and <br />WHEREAS, on April 23, 2024, the City Manager served the Primary Contractor with a <br />Notice of Default and Notice of Termination, pursuant to the aforementioned Section 9(A) of <br />their Agreement; and <br />WHEREAS, the Secondary Contractor has expressed their ability and desire to provide <br />the City with the Services as the primary contractor; and <br />WHEREAS, the City Commission wishes to approve a First Amendment to the <br />Agreement with the Secondary Contractor, to provide the City with the desired Services as the <br />primary contractor, in an amount not to exceed in an amount not to exceed Two Hundred <br />Fifteen Thousand Five Hundred Dollars and No Cents ($215,500.00), attached hereto as Exhibit <br />„A„ <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY <br />ISLES BEACH, FLORIDA, AS FOLLOWS: <br />Section 1. Approval of First Amendment. The City Commission hereby approves a First <br />Amendment with Green Facilities Inc. to provide carpet and floor maintenance services as the <br />@BCL@3COBC87E.doc Page 1 of 2 <br />