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HomeMy WebLinkAboutR-2020-132 Sam's Landscaping Third Amendment to the Agreement for Professional Landscaping ServicesRESOLUTION NO.2020-132 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A THIRD AMENDMENT TO THE EXISTING AGREEMENT FOR PROFESSIONAL LANDSCAPING SERVICES WITH SAM'S LANDSCAPING INC. (SLI) EXPANDING THE NUMBER OF LOCATIONS SERVICED AND INCREASING THE ANNUAL CONTRACT AMOUNT BY ONE HUNDRED FIFTY SEVEN THOUSAND SIX HUNDRED DOLLARS ($157,600.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, SLI ("Contractor") has been requested to significantly expand the number of locations serviced; and WHEREAS, the existing contract in the amount of Four Hundred Thirty Six Thousand Eight Hundred Fifty Four Dollars ($436,854.00) will be exceeded based on the additional work requested; and WHEREAS, funding for this contract amount will increase due to services that was formerly provided by a prisoners' work crew that was supervised by staff from the Broward Sheriff's Office; and WHEREAS, the Amendment is retroactive to August 1, 2020; and WHEREAS, the Contractor's current contract provides competitive rates which were applied for additional landscaping services in the amount of One Hundred Fifty Seven Thousand Six Hundred Dollars ($157,600.00), to be added to the annual cost of the contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AS FOLLOWS: Section 1. That the above "Whereas" clauses are ratified and confirmed as being true and correct, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the proper City officials are authorized to execute the Third Amendment to the Agreement retroactive to August 1, 2020 and valid through November 12, 2021, reflecting an annual increase of One Hundred Fifty Seven Thousand Six Hundred Dollars ($157,600.00) for the remaining contract period, a copy of which Amendment is attached as Exhibit "A" and is incorporated into this Resolution by this reference. Section 3. That the City Manager and City Attorney are both authorized to make minor revisions to the Third Amendment to the Agreement, which are deemed necessary and proper, and in the best interests of the City. Section 4. That the cost of the Agreement for Fiscal Year 2020-2021 shall be appropriated from various Grounds Maintenance Accounts No. 46-50 with respective City Departments to reach a total annual budget appropriation not to exceed Five Hundred Ninety Four Thousand Four Hundred Fifty Four Dollars ($594,454.00), which includes a monthly maintenance total of Thirty Four Thousand Three Hundred Forty Dollars and Seventeen Cents ($34,340.17), and a total annual amount for contingency and unforeseen approved services in the amount of Twenty Four Thousand Two Hundred Seventy Two Dollars ($24,272.00). Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6. That this Resolution shall be in force and take effect upon its passage and adoption, retroactive to August 1, 2020. PASSED AND ADOPTED on October 27, 2020. ATTEST: THOMAS CITY CLERKSCHNEIDER, CMC�'�\� JMAYOR APPROVED AS TO FORM AND CORRECTNESS: rIA\ THOMAS J. NS O CITY ATTO EY 2 RESOLUTION #2020-132 THIRD AMENDMENT TO AN EXISTING AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND SAM'S LANDSCAPE MAINTENANCE, INC., RELATING TO GROUNDS AND RIGHT OF WAY MAINTENANCE SERVICES This is the Third Amendment (the "Amendment") to an Agreement (the "Agreement") dated November 12, 2015 existing between the City of Dania Beach, Florida, a Florida municipal corporation (the "City") and Sam's Landscape Maintenance, Inc., a Florida corporation (the "Contractor") for grounds and right-of-way maintenance services. A copy of the Agreement is attached as Exhibit "A", and it is made a part of and is incorporated into this Amendment by this reference. Both Parties entered into a Renewal of the Agreement, which Renewal is dated November 13, 2018 and expires on November 12, 2021. In consideration of the mutual covenants, terms and conditions contained in the Amendment, and other good and valuable consideration, the adequacy and receipt of which are acknowledged and agreed upon, the parties agree as follows: Due to the termination of services previously provided by a prisoners' work crew supervised by staff of the Broward Sheriff's Office and now provided by the Contractor, the annual not to exceed amount is increased by One Hundred Fifty Seven Thousand Six Hundred Dollars ($157,600.00). That this Amendment is retroactive to August 1, 2020, immediately upon its execution by both parties. 3. That in all other respects, the Agreement is ratified and reaffirmed, and remains in full force and effect. IN WITNESS OF THE FOREGOING, the parties have executed this Amendment effective as of .2020. ATTEST: THOMAS SCHNEIDER, CMC CITY CLERK APPROVED AS TO LEGAL FORM: THOMAS J. ANSBRO CITY ATTORNEY CITY OF DANIA BEACH, FLORIDA a Florida Municipal Corporation LORI LEWELLEN, MAYOR ANA M. GARCIA, ICMA-CM CITY MANAGER 3 RESOLUTION #2020-132 WITNESSES: Signature PRINT Name Signature CONTRACTOR: SAM'S LANDSCAPE MAINTENANCE, INC., a Florida corporation Signature Sabino Diliddo PRINT Name Owner 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, on , 2020, by Sabino Diliddo, as Owner of SAM' S LANDSCAPE MAINTENANCE, INC., Florida corporation, on behalf of the corporation. He is personally known to me or has produced My commission expires: identification. NOTARY PUBLIC State of Florida at Large 4 RESOLUTION #2020-132