HomeMy WebLinkAboutR-2021-047 Gardening Angel Nursery Agreement for City-Wide Tree Provision and Planting Services (piggyback Boca Raton) and to Exceed $25KRESOLUTION NO.2021-047
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PUBLIC SERVICES
DEPARTMENT TO WAIVE THE FORMAL BID PROCESS TO UTILIZE THE
CITY OF BOCA RATON CONTRACT NO. 2016-008 WITH GARDENING
ANGEL NURSERY, INC. FOR CITY-WIDE TREE PROVISION AND
PLANTING SERVICES, WHICH PURCHASES WILL EXCEED THE
ANNUAL VENDOR TOTAL AMOUNT OF TWENTY FIVE THOUSAND
DOLLARS ($25,000.00); PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4,
Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and
materials for the City government in amounts in excess of the established monetary threshold
without competitive bidding and without advertisement for bids if she is authorized to do so in
advance by a resolution adopted by the City Commission; and
WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10,
"Monetary thresholds for certain purchases and payment disbursement authorizations",
Subsection (a), sets the monetary threshold at Twenty Five Thousand Dollars ($25,000.00) for a
vendor each fiscal year; and
WHEREAS, City Administration has directed the Public Services Department to
enhance the tree canopy in the City; and
WHEREAS, the Public Services Director has determined that tree provision and planting
services can be obtained at the least cost to the City, without competitive bidding and without
advertisements for bids, from Gardening Angel Nursery, Inc.; and
WHEREAS, the Public Services Department is requesting City Commission approval to
utilize Gardening Angel Nursery, Inc. for City-wide tree provision and planting services for the
term of the contract, provided funding is available and appropriated, under the City of Boca
Raton Contract RFP No. 2016-008 and is effective June 24, 2016 through June 24, 2021, and
WHEREAS, services requested may exceed the annual vendor amount of Twenty Five
Thousand Dollars ($25,000.00) threshold for a single vendor, therefore, require City
Commission approval;
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 they are
made a part of and incorporated into this Resolution by this reference.
Section 2. That the City Commission authorizes and ratifies the purchase of city-
wide tree furnishing and planting services in an amount exceeding the annual amount of Twenty -
Five Thousand Dollars ($25,000.00) purchase threshold for a single vendor.
Section 3. That the proper City officials are authorized to execute an Agreement with
Gardening Angel Nursery, Inc., which Agreement is attached as Exhibit "A" and is incorporated
into this Resolution by this reference, for the purchase and planting of trees in accordance with
the City of Boca Raton RFP No. 2016-009 which is valid through June 24, 2021.
Section 4. That Public Services Department purchases from Gardening Angel
Nursery, Inc. shall be subject to and made from available funds in the City's Tree Preservation
Fund 102-271-00-00 per the Ground Maintenance Account No. 102-39-05-46-50 and in
accordance with the City of Dania Beach Purchasing Policy.
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 become effective upon its passage and adoption.
PASSED and ADOPTED on April 13, 2021.
ATTEST:
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THOMAS SCNEIDER, CMC e„ AMARA JAMES
CITY CLERK MAYOR
�Bl/SHED'y
APPROVED AS ORM AND CORRECTNESS:
THOMAS J. S RO
CITY AT EY
2 RESOLUTION #2021-047
AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND
GARDENING ANGEL NURSERY, INC. A FLORIDA CORPORATION, FOR
TREE PROVISION AND PLANTING SERVICES UNDER THE CITY OF BOCA
RATON, FLORIDA CONTRACT NUMBER 2016-008.
This is an Agreement (the "Agreement") between the City of Dania Beach, Florida, a
Florida municipal corporation ("City") and Gardening Angel Nursery, Inc., a Florida corporation
("Contractor"), with a mailing address of 6978 Northwest 8Is' Terrace, Parkland, Florida 33067.
In consideration of the mutual covenants, terms and conditions contained in this
Agreement, and other good and valuable consideration, the adequacy and receipt of which are
acknowledged and agreed upon, the parties agree to the following:
1. The contract existing between the Contractor and the City of Boca Raton, Florida and any
amendments to it, under an award by Boca Raton of a contract (No. 2016-008) to
Gardening Angel Nursery, Inc., a copy of which is attached as composite Exhibit "A",
and made a part of and is incorporated into this Agreement by this reference, shall be
considered as part of this Agreement between the City and the Contractor; provided,
however, that if Contractor contracts with any other governmental agency in the South
Florida area and prices are lower than those afforded to the City, or any agency in the
area for these same services, then Contractor shall provide such lower prices to the City.
2. The term of this Agreement shall be through and including June 24, 2021.
3. That in all other respects, the terms of the Boca Raton contract documents apply to this
Agreement.
IN WITNESS of the foregoing, the parties have executed this Agreement on
, 2021.
ATTEST:
THOMAS SCHNEIDER, CMC
CITY CLERK
APPROVED AS TO FORM AND
CORRECTNESS:
THOMAS J. ANSBRO
CITY ATTORNEY
CITY OF DANIA BEACH, FLORIDA,
a Florida municipal corporation
TAMARA JAMES
MAYOR
ANA M. GARCIA, ICMA-CM
CITY MANAGER
3 RESOLUTION #2021-047
WITNESSES:
Signature
PRINT Name
Signature
PRINT Name
STATE OF FLORIDA)
COUNTY OF BROWARD)
CONTRACTOR:
GARDENING ANGEL NURSERY, INC.,
a Florida corporation
Signature
PRINT Name
Title
Dated: , 2021
The foregoing instrument was acknowledged before me by means of ❑ physical presence
or ❑ online notarization, on , 2021, by
, as
of Gardening Angel Nursery, Inc., a Florida corporation
on behalf of the corporation. He/she is personally known to me or has produced
My Commission Expires:
as identification.
Notary Public, State of Florida
Print Name
0
RESOLUTION #2021-047