Res No. 17-17RESOLUTION NO. 17-17
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, APPROVING THE ACQUISITION OF A 100 -FOOT TALL
ALUMINUM CHRISTMAS TREE FROM CRYSTAL VALLEY DECORATING,
INC. IN AN AMOUNT NOT TO EXCEED $810,000 INCLUDING SHIPPING;
DECLARING BY A FOUR-FIFTHS AFFIRMATIVE VOTE THAT PROCURING
THE ITEM USING THE CITY'S SEALED COMPETITIVE METHOD IS NOT IN
THE BEST INTEREST OF THE CITY; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, as part of its annual Christmas event, the City installs a 100 -foot Christmas tree on
the grounds of Old School Square. The City has been using a 100 -foot Christmas tree that is
constructed of steel and manufactured by Crystal Valley Decorating Inc.
WHEREAS, it has been determined that this tree has reached the end of its useful life and must
be replaced if the City of Delray Beach wants to continue using a 100 -foot tree for its annual holiday
event at Old School Square; and
WHEREAS, the City has determined that it prefers to replace the tree with one that is
manufactured from aluminum and designed to comply with the State of Florida 2014 Building Code
because an aluminum tree is stronger, weighs less and has excellent corrosion resistance in the marine
coastal environment; and
WHEREAS, Crystal Valley Decorating Inc. is known throughout the industry as the foremost
manufacturer of giant artificial Christmas trees and is the only company that manufactures a 100 -foot
Christmas tree made of aluminum within the United States of America; and
WHEREAS, the new 100 -foot Christmas tree must be ordered in March 2017 in order for the
tree to be delivered no later than September 2017 so that assembly can begin to meet the scheduled
holiday season in Old School Square; and
WHEREAS, it is in the City's best interest to contract with Crystal Valley Decorating Inc. for
the manufacture and shipping of a 100 -foot aluminum Christmas tree in an amount not to exceed
$810,000; and
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) affirmative vote that the Sealed Competitive or the Written Quotation
Method is not in the best interest of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true
and correct factual findings and ate 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 Sealed Competitive Method or Written Quotations
Ptocusement Method is not in the best interest of the City. Additionally, the City Commission waives
the requirement that utilization of another governmental contract for the procurement of goods and
services be subject to a competitive bidding process conducted either within the State of Florida or by
the United States Government. The City Commission declares that the acquisition of the 100'
Aluminum Christmas Tree from Crystal Valley Decorating, Inc. 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 immediately upon adoption.
PASSED AND ADOPTED by the City Commission of the City of Delray Beach this the 21St
day of Februarv, 2017.
ATTEST:
Acting City C e
MAYOR
2
Res No. 17-17
nue
City of Delray Beach 100 N.W. h, FL 34
Delray Beach, FL 33444
Legislation Text
File #: 17-235, Version: 1
TO: Mayor and Commissioners
FROM: John Morgan, Environmental Services Director
THROUGH: Chief Neal de Jesus, Interim City Manager
DATE: March 1, 2017
BEST INTEREST RESOLUTION NO. 17-17 AND WAIVER OF THE CITY CODE OF ORDINANCES,
CHAPTER 36, SECTION 36.02(C)(7) AND AWARD OF AN AGREEMENT TO CRYSTAL VALLEY
DECORATING, INC. FOR REPLACEMENT OF THE 100' CHRISTMAS TREE IN A NOT -TO -
EXCEED MAXIMUM AMOUNT OF $810,000
Recommended Action:
Motion to approve Best Interest Resolution No. 17-17 for waiver of the City Code of Ordinances,
Chapter 36, Section 36.02(C)(7) and to award an agreement to Crystal Valley Decorating, Inc. for the
replacement of the 100' Christmas Tree in a not -to -exceed maximum amount of $810,000. This
request is to allow and declaring by a four-fifths affirmative vote that use of the sealed competitive
method or written quotations method by any governmental entity with the State of Florida or the
United States government for the purchase is not in the best interest of the City.
Background:
In February 2015, Kimley-Horn and Associate (KHA) performed a structural integrity evaluation for
the existing steel tree frame. This analysis found that all the steel members of the frame showed
evidence of rust ranging from minor to severe. The analysis also recommended an ongoing
replacement program with the objective of replacing all the steel frame members over a 5 year
period. Although some steel members were replaced during the disassembly/reassembly of the tree
for the 2015 and 2016 holiday seasons, the extent of steel member replacement has not met the
recommended objective of 40% (20% per year for 5 years).
On January 24, 2017 staff presented additional information to the Commission with respect to the
safety and structural integrity of the steel frame. In order to certify that the tree frame will meet the
2014 Building Code (5th Edition), and certify that the tree is safe to re -assemble for the 2017 holiday
season, a complete in-depth engineering structural analysis would be required at a cost of
approximately $100,000. At this meeting the Commission directed staff to gather information on the
cost for purchasing a new aluminum 100' Christmas tree including estimated costs for
assembly/disassembly, storage, transportation, and maintenance.
Staff recommends Commission approval of an expedited acquisition process to purchase a new
aluminum 100' Christmas Tree with dimensions similar to the existing steel tree. Crystal Valley
Decorating, Inc. is the manufacturer of the existing 100' Christmas Tree. Crystal Valley Decorating,
Inc. has the capability to manufacture a new tree in aluminum meeting the 2014 Florida Building
Code for wind load criteria with the same dimensions as the existing tree. The new tree must be
ordered by March 3, 2017 in order for the company to deliver the tree by September 29, 2017.
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File #: 17-235, Version: 1
City Attorney Review:
Approved as to form and legal sufficiency.
Finance Department Review:
Finance recommends approval.
Funding Source:
Funding to be made available through City Manager.
Timing of Request:
In order to prepare for the 2017 holiday season events, it is critical to expedite the acquisition of a
new 100' Christmas Tree.
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