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Home My WebLink AboutR-2022-116 Christmas Designers, Inc. Agreement for Furnishing and Installing Holiday Decorations Services (Piggyback Aventura Contract) and Exceed $25K RESOLUTION NO. 2022-116 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO WAIVE FORMAL BIDDING AND TO APPROVE THE UTILIZATION OF SERVICES FROM CHRISTMAS DESIGNERS, INC. UNDER THE CITY OF AVENTURA CONTRACT NO. 19-06-20-2, FOR FURNISHING AND INSTALLING HOLIDAY DECORATIONS, AT A COST NOT TO EXCEED ONE HUNDRED NINETY FOUR THOUSAND THREE HUNDRED THIRTY-THREE DOLLARS ($194,333.00) AND TO 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 (j), 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 provide high quality and aesthetically appealing holiday decorations in the City; and WHEREAS, the Public Services Director has determined that provision and installation of holiday decorations can be obtained at the least cost to the City, without competitive bidding and without advertisements for bids, from Christmas Designers, Inc. ("CDI"); and WHEREAS, at the City's request, CDI provided the Public Services Department with a comprehensive decorations proposal at a cost of$194,333.00; and WHEREAS, the Public Services Department is requesting City Commission approval to utilize CDI for City-wide installation of holiday decorations for the term of the contract, provided funding is available and appropriated, under the City of Aventura contract No. 19-06-20-2, which was renewed for two additional years in July 2022 and is effective August 15, 2022 through December 31, 2023; and WHEREAS, services requested may exceed the annual vendor amount of $25,000.00 threshold for a single vendor, therefore, requiring 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 proper City officials are authorized to execute an agreement with CDI to furnish and install holiday decorations in an amount not to exceed $194,333.00 which exceeds the annual amount of the $25,000.00 purchase threshold for a single vendor for Fiscal Year 2021-2022, which Agreement is attached as Exhibit "A", and it is made a part of and is incorporated into this Resolution by this reference. Section 3. That Public Services Department purchases from CDI will be appropriated from the Fiscal Year 2022-2023 City Manager's recommended budget in the City's Facilities Maintenance Fund Contractual Account 505-39-02-539-34-10 in the amount of$194,333.00 Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall become effective upon its passage and adoption. PASSED AND ADOPTED on August 23, 2022. ATTEST: 1 '�,A 8e4� , 44T- im,, 3,6944,,,,3_,L,4 . \ . , THOMAS SCHNEIDER, CMC I EYTAMARA JA S CITY CLERK \.• 44 1 MAYOR SHEO APPROVED AS TO FORM AND CORRECTNESS: EV • BOUTSIS CI TTORNEY 2 RESOLUTION#2022-116 e City, without competitive bidding and without advertisements for bids, from Christmas Designers, Inc. ("CDI"); and WHEREAS, at the City's request, CDI provided the Public Services Department with a comprehensive decorations proposal at a cost of$194,333.00; and WHEREAS, the Public Services Department is requesting City Commission approval to utilize CDI for City-wide installation of holiday decorations for the term of the contract, provided funding is available and appropriated, under the City of Aventura contract No. 19-06-20-2, which was renewed for two additional years in July 2022 and is effective August 15, 2022 through December 31, 2023; and AN AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND CHRISTMAS DESIGNERS, INC. A FLORIDA CORPORATION, UNDER A CITY OF AVENTURA INVITATION TO BID ("ITB") NO. 19- 06-20-2, FOR SERVICES RELATED TO THE HOLIDAY LIGHT DISPLAY. This is an Agreement (the "Agreement") dated , 2022 between the City of Dania Beach, Florida, a municipal corporation ("City") with an address of 100 W. Dania Beach Boulevard, Dania Beach, Florida, 33004 and Christmas Designers, Inc. ("Contractor") with a mailing address of 3124 Northwest 16 Terrace, Pompano Beach, Florida 33064. 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 Agreement existing between the Contractor and the City of Aventura and any amendment(s) to it, under an award by the City of Aventura of a contract (the agreement related to Invitation to Bid No. 19-06-20-2, a copy of which is attached as 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 service rates are lower than those afforded to the City of Fort Lauderdale, or any city for these same services, then Contractor shall provide such lower service rates to the City. 2. The term of this Agreement shall be through December 31, 2023. 3. The proposal submitted to the City of Dania Beach, Florida by the Contractor is for an amount not to exceed $194,333.00 and a copy of the proposal is attached as Exhibit "B", and made a part of and is incorporated into this Agreement by this reference 4. Nothing in this Agreement shall be deemed or treated as a waiver by the City of any immunity to which it is entitled by law, including but not limited to the City's sovereign immunity as set forth in Section 768.28, Florida Statutes. 5. Scrutinized Companies. Contractor shall certify that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2018), and that it is not engaged in a boycott of Israel. The City may terminate this Agreement at the City's option if Contractor is found to have submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2018), as may be amended or revised, or been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2018), as may be amended or revised, or is engaged in a boycott of Israel. 3 RESOLUTION#2022-116 6. Verification of Employment Eligibility. Consultant represents that Consultant and each Subconsultant has registered with and uses the E-Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute. If Consultant violates this section, Municipality may immediately terminate this Agreement for cause and Consultant shall be liable for all costs incurred by Municipality due to the termination. 7. Notices. Except as provided above, whenever either party desires to give notice to the other, it must be given by written notice, sent by certified U.S. mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified and the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective persons and places for giving of notice: City: Ana M. Garcia, ICMA-CM, City Manager City of Dania Beach, Florida 100 West Dania Beach Boulevard Dania Beach, Florida 33004 With a copy to: Eve A. Boutsis, City Attorney City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Consultant: Christmas Designers, Inc. 3124 Northwest 16 Terrace Pompano Beach, Florida 33064 8. That in all other respects, the terms of Exhibit "A" and Exhibit "B" apply to this Agreement. SIGNATURES ON THE FOLLOWING PAGES 4 RESOLUTION#2022-116 Beach, Florida by the Contractor is for an amount not to exceed $194,333.00 and a copy of the proposal is attached as Exhibit "B", and made a part of and is incorporated into this Agreement by this reference 4. Nothing in this Agreement shall be deemed or treated as a waiver by the City of any immunity to which it is entitled by law, including but not limited to the City's sovereign immunity as set forth in Section 768.28, Florida Statutes. 5. Scrutinized Companies. Contractor shall certify that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2018), and that it is not engaged in a boycott of Israel. The City may terminate this Agreement at the City's option if Contractor is found to have submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2018), as may be amended or revised, or been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2018), as may be amended or revised, or is engaged in a boycott of Israel. 3 RESOLUTION#2022-116 IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. CITY OF DANIA BEACH, FLORIDA, ATTEST: a Florida municipal corporation THOMAS SCHNEIDER, CMC TAMARA JAMES CITY CLERK MAYOR APPROVED AS TO LEGAL FORM AND CORRECTNESS: ANA M. GARCIA, ICMA-CM CITY MANAGER EVE A. BOUTSIS CITY ATTORNEY 5 RESOLUTION#2022-116 WITNESSES: CONTRACTOR: CHRISTMAS DESIGNERS,INC., a Florida corporation Signature Signature PRINT Name PRINT Name Title Signature Dated: , 2022 PRINT Name STATE OF FLORIDA) COUNTY OF BROWARD) The foregoing instrument was acknowledged before me by means of ❑ physical presence or by ❑ online notarization, on 2022, by as of Christmas Designers, Inc., a Florida corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification. Notary Public, State of Florida Print Name My Commission Expires: 6 RESOLUTION#2022-116