Title
MOTION TO APPROVE THE PURCHASE OF MULCH ON AN AS-NEEDED BASIS FROM EAST COAST MULCH, FRW, LLC, AND IAMWHOIAM, LLC UTILIZING PRICING ESTABLISHED BY THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE GROUP (CO-OP) CONTRACT # E-28-23, FOR ANNUAL AMOUNT NOT TO EXCEED $169,000, PURSUANT TO SECTION 35.18(C)(6) OF THE CITY’S CODE OF ORDINANCES.
Summary Explanation and Background
PROCUREMENT PROCESS TAKEN:
- Chapter 35 of the City's Code of Ordinances is titled "PROCUREMENT PROCEDURES, PUBLIC FUNDS."
- Section 35.18 of the City's Code of Ordinances is titled "COMPETITIVE BIDDING OR COMPETITIVE PROPOSALS REQUIRED; EXCEPTIONS."
- Section 35.18(C) states that "Only the following situations are exempt from the competitive bid and competitive proposal requirements of this section:"
- Section 35.18(C)(6) states that, "Cooperative purchasing plans are exempt from this section."
- Section 35.21 of the City's Code of Ordinances is titled "AWARD OF CONTRACT."
- Section 35.21(A) of the City's Code of Ordinances is titled "City Commission Approval."
- Section 35.21(A)(1) states, "An initial purchase of, or contract for, commodities or services, in excess of $25,000, shall require the approval of the City Commission, regardless of whether the competitive bidding or competitive proposal procedures were followed."
SUMMARY EXPLANATION AND BACKGROUND:
1. The Public Services and the Recreation and Cultural Arts Departments purchase mulch on an as-needed basis for use throughout the City and would like to utilize the Southeast Florida Governmental Purchasing Cooperative Group (Co-Op) contract # E-28-23.
2. The City of Pompano Beach as the lead agency for the Co-Op competitively solicited and publicly awarded contract # E-28-23 to four vendors with the following items (listed in alphabetical order):
- Advanced Mulch, Inc.
- East Coast Mulch
- FWR, LLC
- IAMWHOIAM, LLC
3. The original Co-Op contract term was for an initial one-year period from September 26, 2023, through September 25, 2024, with four (4) additional one-year renewal periods.
4. On October 18, 2023, the City Commission approved to purchase mulch on an as-needed basis from Advanced Mulch, Inc., East Coast Mulch, FWR, LLC, IAMWHOIAM, LLC, utilizing pricing established by the Southeast Florida Governmental Purchasing Cooperative Group (Co-Op) contract # E-28-23 in an amount not to exceed $350,000, pursuant to Section 35.18(C)(6) of the City’s Code of Ordinances.
5. Since then, the lead agency for the Co-Op has approved both the first and second renewal of the agreement, extending the agreement through September 25, 2026.
6. Please note that Advanced Mulch was originally awarded Line Item # 10 “Item K: Playground safety wood chips bulk, installed per cubic yard,” however they declined to renew the contract. In addition, the Co-Op did not award another vendor for this line, therefore it is no longer a part of the contract for Broward County agencies.
7. Below are the contract pricing details for the lowest-priced vendors for the periods of September 26, 2024, through September 25, 2025, and September 26, 2025, through September 25, 2026:
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Unit |
Unit |
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Price |
Price |
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Service |
Unit of |
Awarded |
9/26/24 - |
9/26/25 - |
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Line |
Description |
Type |
Measure |
Vendor |
9/25/25 |
9/25/26 |
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1.1 A |
Mulch - Red |
Delivered, Bulk |
Cubic Yards |
East Coast Mulch |
$27.81 |
$28.56 |
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1.2 B |
Mulch - Brown |
Delivered, Bulk |
Cubic Yards |
East Coast Mulch |
$27.81 |
$28.56 |
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1.3 C |
Mulch - Gold |
Delivered, Bulk |
Cubic Yards |
FWR, LLC |
$31.80 |
$31.80 |
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1.4 E |
Mulch - Red |
Delivered, Bagged |
Bags |
FWR, LLC |
$2.50 |
$2.50 |
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1.5 F |
Mulch - Brown |
Delivered, Bagged |
Bags |
FWR, LLC |
$2.50 |
$2.50 |
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1.6 G |
Mulch - Gold |
Delivered, Bagged |
Bags |
FWR, LLC |
$2.50 |
$2.50 |
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1.7 H |
Mulch - Melaleuca |
Delivered, Bagged |
Bags |
IAMWHOIAM, LLC |
$3.35 |
$3.35 |
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1.8 I |
Mulch - Rubber |
Delivered, Bagged |
Each Supersack |
IAMWHOIAM, LLC |
$1,000.00 |
$1,000.00 |
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1.9 J |
Engineered Wood Fiber |
Installed, Bulk |
Cubic Yards |
East Coast Mulch |
$49.44 |
$50.77 |
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1.11 L |
Mulch - Red |
Installed, Bulk |
Cubic Yards |
East Coast Mulch |
$30.90 |
$31.73 |
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1.12 M |
Mulch - Brown |
Installed, Bulk |
Cubic Yards |
East Coast Mulch |
$30.90 |
$31.73 |
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1.13 N |
Mulch - Gold |
Installed, Bulk |
Cubic Yards |
East Coast Mulch |
$30.90 |
$31.73 |
8. The Public Services Department would typically utilize Line Item # 11 for red mulch, bulk delivered and installed, however, the departments would like to have the option to utilize the remaining line items awarded, in the event that they are needed for a specific project.
9. Request City Commission to approve the purchase of mulch on an as-needed basis from East Coast Mulch, FWR, LLC, IAMWHOIAM, LLC, utilizing pricing established by the Southeast Florida Governmental Purchasing Cooperative Group (Co-Op) contract # E-28-23 in an annual amount not to exceed $169,000, pursuant to Section 35.18(C)(6) of the City’s Code of Ordinances.
Financial Impact
FINANCIAL IMPACT DETAIL:
a) Initial Cost: Amount not to exceed $169,000 on an as-needed basis, annually.
b) Amount budgeted for this item in Account No: Funds are currently available in object code #546161-0000-000-0000- (R&M Landscaping), however, Recreation and Cultural Arts Department has funds in object code #546150.
c) Source of funding for difference, if not fully budgeted: Not Applicable.
d) 5-year projection of the operational cost of the project: Amount not to exceed $169,000 on an as-needed basis, annually for the periods of September 26, 2024, through September 25, 2025, and September 26, 2025, through September 25, 2026:
e) Detail of additional staff requirements: Not Applicable.
FEASIBILITY REVIEW:
A feasibility review is required for the award, renewal and/or expiration of all function sourcing contracts. This analysis is to determine the financial effectiveness of function sourcing services.
a) Was a Feasibility Review/Cost Analysis of Out-Sourcing vs. In-House Labor Conducted for this service? Not Applicable.
b) If Yes, what is the total cost or total savings of utilizing Out-Sourcing vs. In-House Labor for this service? Not Applicable.