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Home My WebLink AboutR-2026-076 Sam's Landscape Maintenance Inc. - 4th AmendmentRESOLUTION NO. 2026-076 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE FOURTH AMENDMENT TO THE EXISTING AGREEMENT WITH SAM’S LANDSCAPE MAINTENANCE, INC. FOR ADDITIONAL TREE TRIMMING SERVICES, INCLUDING HURRICANE PREPAREDNESS SERVICES AND UNFORESEEN SERVICES ON AN AS NEEDED BASIS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE FOURTH AMENDMENT AND ANY NECESSARY DOCUMENTS; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 12, 2015, the City of Dania Beach entered into an Agreement with Sam’s Landscape Maintenance, Inc. for landscape maintenance services; and WHEREAS, the City has identified the need for additional tree trimming services not specifically contemplated within the original scope of work, including hurricane preparedness tree trimming services and tree trimming services outside the jurisdiction of the Florida Department of Transportation (FDOT); and WHEREAS, from time to time unforeseen circumstances arise requiring immediate tree trimming and related services necessary to protect the public health, safety, and welfare of the community; and WHEREAS, the fourth amendment authorizes Sam’s Landscape Maintenance, Inc. to provide additional tree trimming services, hurricane preparedness services, and unforeseen services on an as needed basis as directed by the City; and WHEREAS, the total cost for the additional services authorized under the Fourth amendment shall not exceed Eighty Thousand Dollars ($80,000.00); and WHEREAS, the City Commission finds that approval of the fourth amendment with Sam’s Landscape Maintenance, Inc. is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above “Whereas” clauses are ratified and confirmed and incorporated herein by this reference. Section 2. The City Commission hereby approves the fourth amendment to the existing Agreement with Sam’s Landscape Maintenance, Inc. for additional tree trimming services, including hurricane preparedness services and unforeseen services on an as needed basis. 2 RESOLUTION #2026-076 Section 3. The City Manager is hereby authorized to execute the Fourth amendment and any necessary documents related thereto. Section 4. That funding will be appropriated from Landscape Account No. 001-39-04- 539-46-50. Section 5. That all resolutions or parts of resolutions in conflict herewith are repealed to the extent of such conflict. Section 6. That this Resolution shall become effective ten (10) days after adoption. PASSED AND ADOPTED on May 26, 2026. Motion by Commissioner Lewellen, second by Commissioner Rimoli. FINAL VOTE ON ADOPTION: Unanimous X Yes No Commissioner Lori Lewellen ____ ____ Commissioner Luis Rimoli ____ ____ Commissioner Archibald J. Ryan IV ____ ____ Vice Mayor Marco Salvino ____ ____ Mayor Joyce L. Davis ____ ____ ATTEST: ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY 1 FOURTH AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND SAM’S LANDSCAPE MAINTENANCE, INC. THIS FOURTH AMENDMENT TO AGREEMENT (“Fourth Amendment”) is made and entered into as of this ___ day of __________, 2026, by and between the CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation (“City”), and SAM’S LANDSCAPE MAINTENANCE, INC., a Florida corporation (“Contractor”). RECITALS WHEREAS, the City and Contractor entered into that certain Agreement dated November 12, 2015, relating to Grounds and Right-of-Way Maintenance Services (the “Original Agreement”); WHEREAS, the parties subsequently entered into additional amendments, including a First Amendment dated March 8, 2022, to include small projects and contingency work on an as-needed basis; WHEREAS, the parties thereafter entered into a Renewal Agreement extending the term of the Agreement through November 12, 2027; WHEREAS, the City desires to authorize additional services and increase available compensation consistent with the approved fiscal year budget and operational needs of the City; and WHEREAS, the City Commission has determined that entering into this Fourth Amendment is in the best interest of the City. NOW, THEREFORE, in consideration of the mutual covenants, promises, and conditions contained herein, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. Recitals. The foregoing recitals are true and correct and incorporated herein by reference. 2. Additional Services and Administrative Authority. Contractor shall continue to provide landscape maintenance, irrigation, right-of-way maintenance, beautification, contingency work, small projects, emergency response services, and related ancillary services consistent with the general scope and nature of landscaping and right-of-way maintenance services contemplated under the Agreement and related procurement documents. 2 The City Manager or designee is authorized to approve and direct additional work, modify service locations, adjust maintenance frequencies, authorize contingency work, authorize emergency services, and expand services within the general scope of the Agreement, provided that: (a) such work remains within the categories of services contemplated under the Agreement and related procurement documents; (b) sufficient budgeted funds are available; (c) the total compensation authorized under the Agreement, as amended, is not exceeded; (d) all such work is authorized in writing by the City. 3. Compensation. The compensation authorized under the Agreement is hereby increased by an amount not to exceed $80,000.00, consistent with the approved FY 2026 budget. Where reasonably practicable, additional work shall be performed pursuant to existing contract pricing. For work not covered by existing pricing, Contractor shall provide a written quotation or proposal for review and approval by the City prior to commencement of the work, unless the City determines that emergency conditions require immediate response. 4. Work Authorizations. The City may issue written work authorizations, task directives, field authorizations, or similar written instructions for services authorized under this Fourth Amendment. Nothing contained herein shall obligate the City to order any minimum quantity of services or expend any minimum amount under the Agreement. 5. Funding and Appropriations. The obligations of the City under this Fourth Amendment are subject to the availability of lawfully appropriated funds. Nothing contained herein shall be construed to require the City to appropriate funds in future fiscal years. 6. Ratification. Except as expressly modified herein, all other terms, conditions, covenants, and provisions contained in the Agreement, prior amendments, and Renewal Agreement shall remain unchanged, ratified, and in full force and effect. This Fourth Amendment shall be construed as supplemental to the Original Agreement and prior amendments and shall not be construed to waive, replace, or extinguish any provision of the Original Agreement or prior amendments except as expressly stated herein. 3 7. Conflict. In the event of a conflict between this Fourth Amendment and the Agreement or prior amendments, the terms of this Fourth Amendment shall control. 8. Effective Date. This Fourth Amendment shall become effective immediately upon full execution by the parties. SIGNATURES ON THE FOLLOWING PAGES 4 IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. CITY: ATTEST: CITY OF DANIA BEACH, FLORIDA a Florida Municipal Corporation ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO LEGAL FORM: CANDIDO SOSA-CRUZ, ICMA-CM CITY MANAGER EVE A. BOUTSIS CITY ATTORNEY 5 CONTRACTOR: Sam’s Landscape Maintenance, Inc., a Florida corporation WITNESSES: Signature Signature PRINT Name PRINT Name Signature Title PRINT Name Date STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization this ___ day of __________, 2026, by ____________________________, as ____________________________ of Sam’s Landscape Maintenance, Inc., who is personally known to me or who has produced ____________________________ as identification. NOTARY PUBLIC State of Florida My commission expires: