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HomeMy WebLinkAboutReso 2014-2204RESOLUTION NO.2014 -_R,-;�tO I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE FOURTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND LUKE'S LANDSCAPING, INC. D /B /A LUKES - SAWGRASS LANDSCAPE, INC. FOR CITYWIDE LANDSCAPING SERVICES IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO AS EXHIBIT "A "; PROVIDING THE CITY MANAGER AND THE CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 21, 2012, the City of Sunny Isles Beach and Luke's Landscaping, Inc. d /b /a Lukes - Sawgrass Landscape, Inc. ( "Lukes ") entered into an Agreement for Citywide Landscaping Services (the "Agreement "); and WHEREAS, this Agreement was entered into pursuant to Request for Proposal ( "RFP ") No. 12 -05 -01 which requires Lukes to furnish a performance and payment bond for 100% of the total recurring services; and WHEREAS, this performance /payment bond requirement is resulting in additional, unnecessary costs to Lukes, which in turn are being passed onto the City; and WHEREAS, in order to waive the performance and payment bond requirement, currently required by Section 2.7 of RFP No. 12- 05 -01, the parties are required to execute the Fourth Amendment to the Agreement for Citywide Landscaping Services, in substantially the same form attached hereto as Exhibit "A ". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approving the Fourth Amendment to the Agreement. The City Commission hereby agrees to approve the Fourth Amendment to the Agreement between the City of Sunny Isles Beach and Luke's Landscaping, Inc. d /b /a Lukes - Sawgrass Landscape, Inc. dated August 21, 2012, for Citywide Landscaping Services, in substantially the same form attached hereto as Exhibit "A ". Section 2. Authorization of City Manager and City Attorney. The City Manager and City Attorney are hereby authorized to do all things necessary to effectuate the terms of this Resolution. Section 3. Effective Date. This Resolution shall become effective upon adoption. Page 1 of 2 PASSED AND ADOPTED this 20th day of February, 2014. ATTEST: Jane A. Hines, City Clerk, MMC APPROVED AS TO FORM AND LEGAL SUFFICIENCY: City Attorney Vote: S—d v' orman S. Edelcup`, Mayor Moved by: c Seconded by: &VA&A -1,bLL Mayor Edelcup (Yes) (No) Vice Mayor Aelion ,/ (Yes) (No) Commissioner Gatto v_(Yes) (No) Commissioner Levin (Yes) (No) Commissioner Scholl (Yes) (No) Page 2 of 2 FOURTH AMENDMENT TO THE AGREEMENT BETWEEN THE G`ITY OF SUNNY ISLES BEACH AND LUKES' LANDSCAPING INC., d/b/a/ LUKES- SAWGRASS LANDSCAPE, INC. CONTRACT NO. C1314 -024 THIS FOURTH AMENDMENT to the Agreement between the City of Sunny Isles Beach and Lukes' Landscaping Inc., d/b/a/ Lakes- Sawgrass Landscape, Inc., executed this �_ day of F:9ZEM -(� , 2014, is made a part of the original Agreement between the parties dated August 21, 2012, ("the Agreement') between the City of Sunny Isles Beach ( "City") and Lukes' Landsca ing Inc. ("Contractor') attached hereto as Attachment "A °, whose Federal Identification # is Sa • t St 1233 . The City and Contractor hereby agree as follows: 1. WAIVER OF PERFORMANCE AND PAYMENT BONDS FOR ADDITIONAL SERVICES TO BE PERFORMED. Section 2.7 of Request for Proposal ("RFP'I No. 12 -05 -01 for "Citywide Landscaping Services" which is incorporated by reference into the original Agreement dated August 21, 2012, and requires the Contractor to furnish a performance and payment bond for 100' /o of the total recurring services for services listed in RFP No. 12 -05 -01, is hereby waived for any additional services that occur outside this scope of services. The waiver of this performance and payment bond applies to any expanded scope of services identified in any Amendment to the original Agreement dated August 21, 2012. 2. OTHER PROVISIONS REMAIN IN EFFECT: Except as specifically modified herein, all terms and conditions of the original Agreement between the parties, dated August 21, 2012, shall remain in full force and effect. 3. CONFLICTING PROVISIONS: If there is a conflict or inconsistency between any term, stabemertl; requirement* or provision of any exhibit attached hereto, airy document or events referred to herein, or any document incorporated into this Fourth Amendment, the teen, statement, requirement, or provision contained in this Fourth Amendment shall prevail and be given superior effect and priority over any conflicting or inconsistent term, statement, requirement or provision contained in any other document or attachment, including but not limited to Attachment "A" attached hereto. IN WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned above. WITNESS: LUKES' LANDSCAPING, INC., d/b/a/ LUKES- SAWGRA.SS LAKDSCAPE, jSignattine B< � O M i l d J• 69 Signature and Title Print ATTEST: LA Jane A. Hines, IM MC, City Clerk CITY OF SUNNY ISLES BEACH orman S. Edelcup, Mayor APPROVED AS TO FORM AND LEGAL SUM BY. ns Kinoccitytorney Exhibit "A" SV,1NY SE O eR 7 n AGREEMENT BETWEEN THE CITY OF SUNNY ISLES Se "-,' FLOW' BEACH AND LUKES' LANDSCAPING, INC., d /b /a LUKES - °F 3U " SAWGRASS LANDSCAPE, INC. CONTRACT NO. C1112 -057 THIS AGREEMENT (hereinafter referred to as the "Agreement ") is made in duplicate, this !) x day of — 2012, by and between the CITY OF SUNNY ISLES BEACH, Florida, (herei fter referred to as "City "), and LUKES' LANDSCAPING, INC. d/b /a LUKES - SAWGRASS LANDSCAPE, INC. a corporation authorized to do business in the State of Florida (hereinafter referred to as "Contractor ") whose Federal I.D. # is RECITALS WHEREAS, the City is need of landscaping services to include maintenance of landscape, irrigation, public right -of -way maintenance, sidewalks, street furniture, facility maintenance, trimming, planting and /or removal of trees ( "Services "); and WHEREAS, the City advertised City Wide Landscaping Services, Request for Proposal No. 12- 05 -01, for the Services, and the Contractor submitted a bid in response thereto which is incorporated herein by reference; and WHEREAS, the Contractor is qualified, willing and able to provide the Services on the terms and conditions set forth herein; and WHEREAS, the City desires to enter into this Agreement with Contractor to provide the Services in a total amount not to exceed Six Hundred Fifty Thousand Dollars ($650,000.00). 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: 1. RECITALS. The Recitals set forth above are hereby incorporated into this agreement and made a part hereof for reference. 2. SERVICES. Contractor shall provide the Services pursuant to the terms and conditions set forth in this Agreement, Request for Proposal No. 12- 05 -01, and the Contractor's response thereto which is incorporated herein by reference (collectively "Scope of Work "). 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Section 11 hereunder, this Agreement shall commence on the first calendar day of the month succeeding approval of this Agreement by the City Commission and shall end one (1) year thereafter. 4. RENEWAL. Prior to, or upon completion of the initial one year term, the City shall have the option to renew this Agreement for an additional four (4) one year renewal terms. QI'n C1112 -057 - LUKES -SAWGR ATTACHMENT "A" V..1 1 0 5. COMPENSATION. As the entire compensation under this Agreement and during the term of this Agreement, in whatever capacity rendered, the City shall pay Contractor an amount not to exceed Six Hundred Fifty Thousand Dollars ($650,000.00) for the performance of the Services. Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with this Agreement and the schedule of charges reflected in Request for Proposal No. 12- 05 -01, and the Contractor's response thereto, which is incorporated herein by reference, and under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract. b. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. If services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. In the event the City Commission fails to appropriate funds for the particular purpose of this Agreement during any year of the term hereof, then this Agreement shall be terminated upon ten (10) days written notice and the Contractor shall be compensated for the Services satisfactorily performed prior to the effective date of termination. d. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's final /last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 6. ADDITIONAL SERVICES. All payments to Contractor shall be based on invoices submitted to the City. The City shall only reimburse Contractor for services authorized pursuant to this Agreement. Any additional work performed by Contractor that is outside the Scope of C1112 -057 — LUKES- SAWGRASS LANDSCAPING Page 2 of 8 Work shall be required to be pre- authorized in advance in writing by the City Manager or his designee. In the event the Contractor performs work that it outside the Scope of Work, and does not obtain the required pre- authorization in writing from the City Manager or his designee, then the City shall not be under any legal obligation to reimburse Contractor for said services. 7. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent contractor and shall be treated as such for all purposes. Nothing contained in this agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this agreement. 8. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverages to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, contractors or employees, as more particularly set forth below: (a) General liability insurance with limits of Five Million Dollars ($5,000,000.00) combined single limit for bodily injury liability and property damage liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: Premises and/or Operations. Workers Compensation (Statutory Limits). Products and/or Completed Operations Hazard. Independent Contractors. Broad Form Property Damage. Broad Form Contractual Coverage applicable to this specific Agreement. Personal Injury Coverage with Employee and Contractual Exclusions removed with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. The City of Sunny Isles Beach is to be named as an additional insured with respect to liability arising out of operations performed for the City by or on behalf of Contractor or the acts or omissions of Contractor in connection with such operation. C1112 -057 — LUKES- SAWGRASS LANDSCAPING Page 3 of 8 0 1 P ' n (b) Workers' Compensation insurance to apply for all employees in compliance with the Workers Compensation Law of the State of Florida and all applicable federal laws. (c) Business Automobile Liability Insurance with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: Owned vehicles. Hired and non -owned vehicles. Employers' non - ownership. Such policies of insurance shall not diminish Contractors indemnification obligations hereunder. The insurance policy shall be issued by such company, in such forms and with such limits of liability and deductibles as are acceptable to the City and shall be endorsed to be primary over any insurance, which the City may maintain. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and appropriately endorsed for contractual liability with the City named as an additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City Manager or his designee. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) calendar day's prior written notice to the City Manager or his designee. 9. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the Contractor pursuant to this agreement and related services to this agreement are intended and represented for the ownership of the City only. Any other use by Contractor or other parties needs to be approved in writing by the City in order to be properly authorized. 10. INDEMNIFICATION. Contractor agrees to indemnify and hold harmless, the City, its officers, agents, employees from, and against any and all claims, actions, liabilities, losses and expenses including, but not limited to, attorney's fees for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or may be alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct of the Contractor, agents or other personal entity acting under Contractor's control in connection with the Contractor's performance of services pursuant to that agreement and to that extent the Contractor shall pay such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses including wrongful termination or allegations of discrimination or harassment, and shall pay all costs and attorneys' fees expended by the City in defense of such claims and losses including appeals. The parties agree that ten percent (10 %) of the total compensation is a specific consideration from the City to the Contractor for this indemnity. CI 112 -057 — LUKES- SAWGRASS LANDSCAPING Page 4 of 8 y 11. TERMINATION. A. If, through any cause within the reasonable control the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this agreement, the City shall have the right to terminate the services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this agreement. (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor (and sub Contractor(s)) shall be delivered to the City and the City shall compensate the Contractor for all services satisfactorily performed prior to the date of termination, as provided in Paragraph 5 herein. (ii.) Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the agreement by Contractor and the City may reasonably withhold payments to Contractor for the purposes of set -off until such time as the exact amount of damages due the City from the Contractor is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the services then remaining to be performed at any time by giving written notice which shall become effective ten (10) days following receipt by Contractor. The terms of Paragraphs A(i) and (ii) above shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 12. ASSIGNMENTS, TRANSFERS, SUBCONTRACTING. The Contractor shall not subcontract, assign or transfer any work under this agreement with the prior written consent of the City. Should the Contractor subcontract any services under this agreement, it shall be done with continued liability for the Contractor. The Contractor shall remain responsible for services, responsibilities and liabilities of any person or entity acting under Contractor. 13. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby knowingly, voluntarily and intentionally, waive the right which any may have to a jury trial in respect of any action, proceeding, litigation or counterclaim based hereon or arising out of, under, on or in connection with this agreement or any course of conduct, course of dealing, statements (whether verbal or written) or actions of either of party. 14. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. C1112 -057 — LUKES- SAWGRASS LANDSCAPING Page 5 of 8 Q f Arbitration shall be held in Miami -Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non - prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 15. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period of TEN (10) years subsequent to that date upon which the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Contractor under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Contractor of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Contractor in a court of equity for violating such provisions. 16. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: If to the City: Chief Fred A. Mass With a copy to: Acting City Manager Hans Ottinot City of Sunny Isles Beach City Attorney 18070 Collins Avenue City of Sunny Isles Beach Fourth Floor 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Fourth Floor Tel: (305) 792 -1701 Sunny Isles Beach, Florida 33160 Tel: (305) 792 -1702 If to the Jerry Palazzolo Contractor: President Lukes' Landscaping, Inc., d/b /a Lukes - Sawgrass Landscape, Inc. 2200 North 301h Road Hollywood, FL 33021 Tel: 954 431 -1111 17. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 18. AUDIT. The Contractor shall make available to the City or its representative all required financial records associated with the Agreement for a period of THREE (3) years. C1112 -057 — LUKES- SAWGRASS LANDSCAPING Page 6 of 8 Zj 19. NON- DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Contractor will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non- discrimination clause. The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 20. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the Miami -Dade County Conflict of Interest Ordinance Section 2 -11.1, as amended; and by the City of Sunny Isles Beach Ordinance No. 99 -82, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance of the services. The Contractor further covenants that in the performance of this agreement, no person having any such interest shall knowingly be employed by the Contractor. No member of, or delegate to the Congress of the United States shall be admitted to any share or part of this agreement or to any benefits arising therefrom. 21. ENTIRE AGREEMENT. This Agreement, together with all terms and conditions contained in Request for Proposal No. 12- 05 -01, and the Contractor's response thereto, contain the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by a writing signed by the party against whom any such amendment, waiver, change, modification, extension and /or rescission is sought. [remainder of page intentionally left blank] C1112 -057 — LUKES- SAWGRASS LANDSCAPING Page 7 of 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. WITNESS #1: J/- Si tore rca ti Print Name WITNESS #2: Signature Print Name ATTEST: Jane A. Hines, CMC, City Clerk LUKES' LANDSCAPING, INC. DB /A LUKES- SAWGRASS LANDSCAPING, INC. BY: C--Y� n Signature and Title CITY OF SUNNY ISLES BEACH IM S. Edelcup, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY C C1112 -057 — LUKES- SAWGRASS LANDSCAPING Page 8 of 8 "+ Cancellation of Bond by Obligee Bond Number: 80092131 Contract Date: 9/4/13 — 9/4/14 Contract Price: $682,009. Obligee: City of Sunny Isles Beach, Florida Principal: Lukes- Landscaping, Inc. Surety: The Guarantee Company of North America USA Termination Date: 2/20/14 It is agreed and understood that the obligee entered into a contract with the principal and required performance and payment bonds from the surety. It is agreed and understood that the surety provided the above bond. It is agreed and understood that the Obligee executed the 4th Amendment to the contract dated 2/20/14 cancelling the bond requirement. It is agreed and understood that the obligee cannot locate the original bond documents for cancellation. It is agreed and understood that the Obligee will be charged a premium on a prorata basis. By signing below the obligee releases the Surety from any and all liability arising from work performed after 2/20/14. All other terms and conditions remain the same. Signed on this Wof 4.2014. I Att � I`g��. �v1..�S T• �f � D and Title FOR AN OATH OR AFFIRMATION: STATE OF FLORIDA COUNTY OF Sworn to (or affirmed) and subscribed before me this Z day of 0, by (name of person making statement).j�jy�.ai (Signature of Notary Public -State of Florida) (Name of Notary Typed, Printed, or Stamped) (NOTARY SEAL) Personally Known OR Produced Identification Type of Identification Produced uu1pJIa LO�I��� �SION �e 20, po o� �s 9N 066337 O led t'o CUndeM;. t I11 Vl1!! Svr1NY S4 P � F n F L C /rY OF SUN PLO TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305) 949 -3113 Fax (305) 947 -2150 Building Department (305) 947 -5107 Fax MEMORANDUM Honorable Mayor and City Commission Fernando Amuchastegui, Deputy City Attorney February 20, 2014 City Commission Norman S. Edelcup, Mayor Isaac Aelion, vice Mayor Jeanette Gatto, Commissioner Jennifer Levin, Commissioner George "Bud" Scholl, Commissioner Christopher J. Russo, City Manager Hans Ottinot, City Attorney Jane A. Hines, MMC, City Clerk Resolution approving Fourth Amendment to the Agreement with Luke's Landscaping, Inc. d/b /a Lukes - Sawgrass Landscape, Inc. RECOMMENDATION The proposed Resolution approving a Fourth Amendment to the Agreement between the City of Sunny Isles beach and Luke's Landscaping, Inc. d /b /a Lukes - Sawgrass Landscape, Inc. is presented for your consideration. REASONS On August 21, 2012, the City of Sunny Isles Beach and Luke's Landscaping, Inc. d /b /a Lukes - Sawgrass Landscape, Inc. ( "Lukes ") entered into an Agreement for Citywide Landscaping Services. This Agreement was entered into pursuant to Request for Proposal ( "RFP ") No. 12 -05 -01 which is incorporated into the Agreement. RFP No. 12 -05 -01 requires Lukes to furnish a performance and payment bond for 100% of the total recurring services. However, this performance /payment bond requirement is resulting in additional, unnecessary costs to Lukes, which in turn are being passed onto the City. The City is requesting to waive this performance and payment bond requirement, currently required by Section 2.7 of RFP No. 12- 05 -01. The waiver of this performance and payment bond requirement will result in cost savings to the City.