Res 64-15RESOLUTION NO. 64-15
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, APPROVING ACQUISITIONS WITH EAGLE METAL
PRODUCTS (EAGLE METAL) IN A NOT TO EXCEED AMOUNT OF $65,000
PER/YEAR FOR THE ASSEMBLY, DIS ASSEMBLY, AND FOR PROVIDING
THE MAINTENANCE FOR THE CITY'S 100' STEEL CHRISTMAS TREE; FOR A
TWO YEAR PERIOD; DECLARING BY A FOUR FIFTHS AFFIRMATIVE VOTE
THAT THE CITY'S SEALED COMPETITIVE METHOD IS NOT IN THE BEST
INTEREST OF THE CITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Eagle Metal has provided services in accordance to the assembly, dis-assembly, and
maintenance for the existing 100' tree for over 20 years; and
WHEREAS, due to budgetary constraints, replacement of the existing tree has been deferred until
such time as funding is available; and
WHEREAS, the City has determined that to keep unity of responsibility, quality of work,
maintenance response time, historical knowledge, and construction experience; Eagle Metal meets and
exceeds the needs of the City, Downtown Development Authority and the Delray Beach Marketing
Cooperative; and
WHEREAS, these specialized construction services cannot be publically bid due to the following
conditions: lack of instruction and assembly manual, relative short period of tinie necessary to assemble the
tree this holiday season, and contractor unity of responsibly between holiday seasons; and
WHEREAS, in order for the City to begin assembly of the 100' Christmas tree starting in October
2015 to meet the scheduled holiday season in Old School Square and continue the continuity of the
Christmas tree rehabilitation process, Eagle Metal submitted a Standard Forum of Agreement between City
and Contractor; and
WHEREAS, it is in the City's Best Interest to contract with Eagle Metal for providing construction
services for a 2 -year period on the assembly, dis-assembly, and providing maintenance to the City's 100'
steel Christmas tree during the holiday seasons of 2015 and 2016 in an amount not to exceed $65,000
pet/year (total not to exceed amount of $130,000 for two consecutive .years) which serves as the best
interest to the public and City.
WHEREAS, the City of Delray Beach Section 36.02(c)(11) of the City's Code of Ordinances
provides that the City may acquire or contract for non -real property, goods or services without utilizing a
Sealed Competitive Method or the Written Quotation Method where the City Commission declares by at
least a four -fifth (4/5) affirizfative vote that the Sealed Competitive or the Written Quotation Method is not
in the best interest of the City.
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the foregoing "WHEREAS" clauses are ratified and cozened as being true
and correct factual findings and are made a specific part of this Resolution.
Section 2. The City Commission of the City of Delray Beach hereby declares, by a minimum
four-fifths affirmative vote, that the City's Competitive Method or Written Quotations Procurement
Method is not in the best interest of the City. The City Comynission declares that the UTILIZATION OF
EMP as depicted in Exhibit A; is in the best interest of the City.
Section 3. The City Manager is authorized to do all things necessary and expedient to carry out
the aims of this Resolution.
Section 4: This Resolution shall take effect itxamediately upon adoption.
PASSED AND ADOPTED by the City Commission of the City of Delray Beach this the
15th day of Septembet, 2015.
ayor
ATTEST:
City Clerk
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Res No. 64-15