HomeMy WebLinkAboutR-1994-087A RESOLUTION OF THE CITY OF DANIA, FLORIDA APPROVING THE
PURCHASE FROM PERKIN'S NURSERY, LA BELLE, FLORIDA, (THE SOLE
SOURCE PROVIDER), OF NINETY (90) 45 GALLON AND ONE HUNDRED
THIRTY-TWO 7 GALLON SAW PALMETTO PLANTS TO BE PLACED WITHIN
THE DANIA BEACH BOULEVARD/A1A LANDSCAPE PROJECT AT A TOTAL
COST NOT TO EXCEED $48,750.00, WITHOUT COMPETITIVE BIDS AND
WITHOUT ADVERTISING FOR BIDS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, in order to complete the landscaping project at Dania Beach Boulevard
and A-1-A, it is necessary to purchase Ninety 45 gallon and One Hundred Thirty-Two 7
gallon saw palmetto plants; and
WHEREAS, the only nursery that can supply plants that meet Florida Department of
Transportation specifications is Perkins Nursery located in LaBelle, Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DANIA, FLORIDA:
Section '1. That the Gity Commission of the City of Dania, Florida, hereby
approves the purchase of Ninety 4 gallon and One Hundred Thirty-two 7 gallon saw
palmetto plants from Perkins Nursery, LaBelle, Florida (the sole source provider) at a
total cost not to exceed $48,760.00 as set forth in the agreement between the city and
Perkins Nursery, a copy of which is attached hereto as Exhibit "A", with said purchase to
be made without competitive bids and without advertisement for bids.
Section 2. That this resolution shall be in force and take effect immediately
upon its passage and adoption.
PASSEDandADOPTEDthis 24 dayof l'lay ,1994.
2."'
ATTEST:
CITY CLERK. AUDITOR
APPROVED AS TO FORM AND CORREGTNESS
AYOR - COMMI IONER
* ril;BY
FRANK C. ADLER, City Attorney
Resolution 1116. 87-94
RESOLUTTON NO. Bt _94
-Dollars
($
1
THIS AGREEMENT, made entered into on the
-
day of
L994, b9 and between the city of Dania, Florida, hereinafter called the owner and
hereinafter called the Contractor.
WITNESSETH:
That the Contractor, for the consideration hereafter fully set out, hereby agrees
with the Owner as follows:
That the contractor shatl fumish all the material, equipment and labor to perform
all the work necessary to complete the "Dania Beach / A -1 - A l-andscape
Project" alt in full and complete accordance to the preceding Contract Documents,
which as attached hereto and make a part thereof, as if {ully contained herein.
That the Contractor shall commence the work performed under this Agreement on
dates to be specified in a written work order by the Owner and shall fully complete
the work within the time allotted.
That the Owner hereby agrees to pay to the Contractor for the faithful
performance of this Agreement, subject to addiilons and deductions as provided in
the specifications of Proposal, in lawfut money of the United states, the amount of
2
4
) based on the
estimated quantities and unit, or lump sum prices contained herein'
That the Owner, within thirty (30) days from the day a Application for Payment is
presented, pay the Contractor the amount approved.
Paynemt in futl shall be made to the contractor after completion of the project.
That upon submission by the Contractor of evidence satisfactory to the Owner that
all payrolls, material bills, and other costs incurred by the Contractor in connection
with the completion ol the work have been paid in full, payments indicated in this
Agreement shall be made within thirty (30) days after the completion by the
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EXHIBIT "A"
AGREEMENT
J.
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contractor of all worked covered by the Agreement and acceptance of such work
by the Owner.
That in the event either party brings suit for enforcement of disagreement, the
prevailing party shall be entitled to attomey's fees and court costs in addition to
any other remedy afforded bY law.
The making and acceptance of the final payment shall constitute a waiver of all
claims by the Owner other than those arising from unsettled liens, from faulp
work, or from requirements of the specifications. It shall also constihrte a waiver of
all claims by the contractor, except those previously made and still unsettled.
10. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
counterparts, each of which shall
without proof or accounting for the other counterparts deemed an original Contract.
WTTNESS.
CONTRACTOR
TITLE
DATE:
No additionat work or extras shall be performed unless the same shall be duly
authorized by appropriate action of the Owner.
day first written above in --
BY
CffY OF DANIA, a Florida
Municipal Corporation
Bob Mikes
Mayor
Robert F. Flatley
City Manager
Commission Approved:
OWNER
ATTEST:
Wanda Mullikin
City Clerk
(Seal)
APPROVED AS TO FORM AND
CORRECTNESS:
Frank Adler
City Attomey
Date
Contract Amount: $
DATE,-