HomeMy WebLinkAboutR-2019-117 City Authorizing to Execute an Amendment to the Agreement for Professional Landscaping Services Existing Between The City and Sam's Landscape Maintenance, Inc., ($35,674.00) RESOLUTION NO. 2019-117
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AN AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL
LANDSCAPING SERVICES EXISTING BETWEEN THE CITY OF DANIA
BEACH AND SAM'S LANDSCAPE MAINTENANCE, INC., RELATING TO
AN INCREASE IN CONTRACT PRICE DUE TO THE ADDITION OF THE
NUMBER OF AREAS TO BE MAINTAINED AND A RISE IN OPERATING
COSTS OVER THE PAST SIX MONTHS BY AN ANNUAL AMOUNT NOT
TO EXCEED THIRTY FIVE THOUSAND SIX HUNDRED SEVENTY FOUR
DOLLARS ($35,674.00); PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Sam's Landscape Maintenance, Inc. ("Contractor") has been required to
add several median sections of landscaped areas to maintain over the past six months; and
WHEREAS, the Contractor has been impacted by increased operating costs in supplies
and fuel; and
WHEREAS, the Contractor has agreed to cease the use of glyphosate-based herbicides
immediately upon adoption of this Resolution and to not use any other chemicals that have been
determined to be harmful to the environment, and whenever possible use Florida-friendly
products; and
WHEREAS, the Contractor has performed all maintenance services at an exceptional
level for the duration of the contract to date;
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 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 an Amendment to
the Agreement dated November 12, 2015, reflecting a monthly increase of Two Thousand Nine
Hundred Seventy Two Dollars and Eighty Three Cents ($2,972.83), or by an annual amount not
to exceed Thirty Five Thousand Six Hundred Seventy Four Dollars ($35,674.00) due to an
increase in operating costs and service locations for the remaining contract period ending on
November 12, 2021 as shown in the Amendment, a copy of which Amendment is attached as
Exhibit "A" and is incorporated into this Resolution by this reference and for which the City's
approved budget shall be adjusted as outlined in Section 4, below.
Section 3. That the City Manager and City Attorney are authorized to make minor
revisions to the 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 2019-2020 shall be
appropriated from various Grounds Maintenance Accounts No. 46-50 within respective City
Departments to reach a total annual budget appropriation not to exceed Four Hundred Thirty Six
Thousand Eight Hundred Fifty Four Dollars ($436,854.00) with Four Hundred Eleven Thousand
Seven Hundred Seventy Two Dollars ($411,772.00) for monthly maintenance and Twenty Four
Thousand Two Hundred Seventy Two Dollars ($24,272.00) for contingency and unforeseen
items to be authorized in writing by the Public Services Director under the current contract
provisions.
Section 5. That the compensation change outlined in the Amendment will be
effective retroactively to October 1, 2019.
Section 6. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 7. That this Resolution shall be in force and take effect.
PASSED AND ADOPTED on October 7, 2019.
ATTEST:
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THOMAS SCHNEIDER, CMC LOR fLE VffLLEN
CITY CLERK 01 y�� MAYOR
1swEo
APPROVED AS TO FO AND CORRECTNESS:
THOMX,$J. ANS RCV
CITY ATTORNE
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SECOND 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 Second 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:
1. Due to the increase of service locations and operating costs, the annual not to exceed
amount is increased to Thirty Five Thousand Six Hundred Seventy Four Dollars
($35,674.00) which equals Two Thousand Nine Hundred Seventy Two Dollars and
Eighty Three Centers ($2,972.83)per month.
2. The Contractor has agreed to cease the use of glyphosate-based herbicides immediately
upon adoption of this Resolution and to not use any other chemicals that have been
determined to be harmful to the environment, and whenever possible use Florida-friendly
products.
3. That this Agreement is retroactive to October 1, 2019, immediately upon its execution by
both parties.
4. That in all other respects, the Agreement is ratified and reaffirmed, and remains in full
force and effect.
SIGNATURES ON THE FOLLOWING PAGES
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I
IN WITNESS OF THE FOREGOING,the parties have executed this Amendment
effective as of , 2019.
ATTEST: CITY OF DANIA BEACH, FLORIDA
a Florida Municipal Corporation
THOMAS SCHNEIDER, CMC LORI LEWELLEN, MAYOR
CITY CLERK
APPROVED AS TO LEGAL FORM:
ANA M. GARCIA, ICMA-CM
CITY MANAGER
THOMAS J. ANSBRO
CITY ATTORNEY
4 RESOLUTION#2019-117
CONSULTANT:
WITNESSES: SAM'S LANDSCAPE MAINTENANCE,
INC., a Florida corporation
Signature Signature
PRINT Name PRINT Name
Signature Title
PRINT Name Date
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me on , 2019, by
, as of Sam's Landscape Maintenance,
Inc., a Florida corporation, on behalf of the Corporation. He/she is personally known to me or
has produced as identification and did (did not)take an oath.
NOTARY PUBLIC
State of Florida at Large
My commission expires:
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