Introduced by the Council Member Yarborough:

ORDINANCE 2010-138

AN ORDINANCE APPROPRIATING $249,500 FROM TREE PROTECTION AND RELATED EXPENSES TRUST FUND ($225,000 TO DAVEY TREE COMPANY FOR TREE PLANTING AND IRRIGATION INSTALLATION AND $24,500 FOR LANDSCAPE DESIGN) AT THE JACKSONVILLE ARBORETUM & GARDENS, LOCATED AT 1445 MILLCOE ROAD, JACKSONVILLE, FLORIDA 32225; INVOKING THE EXCEPTION OF 126.107(G) ORDINANCE CODE TO DIRECT CONTRACT WITH DAVEY TREE COMPANY; AMENDING THE 2009-2014 FIVE YEAR CAPITAL IMPROVEMENT PROGRAM APPROVED BY ORDINANCE 2009-513-E, FOR THE PROJECT ENTITLED “JACKSONVILLE ARBORETUM TREE PLANTING – LAKE PHASE I”; PROVIDING FOR CITY OVERSIGHT BY THE PUBLIC WORKS DEPARTMENT; PROVIDING AN EFFECTIVE DATE.

BE IT ORDAINED by the Council of the City of Jacksonville:

Section 1. Appropriation. For the 2009-2010 fiscal year, within the City’s budget, there are hereby appropriated the indicated sum(s) from the account(s) listed in subsection (a) to the account(s) listed in subsection (b):

(a) Appropriated from:

Tree Protection and Related Expenses Trust Fund JXSF15FPW-38901 $249,500

(b) Appropriated to:

Account to be determined $249,500

Section 2. Purpose. The purpose of the appropriation in Section 1 is to appropriate an amount not to exceed $249,500 for landscape design, trees and associated shrubs planting and irrigation as more fully described in Exhibit 1 attached hereto, at the Jacksonville Arboretum and Gardens located at 1445 Millcoe Road, Jacksonville, Florida 32225.

Section 3. Procurement Directive for Tree Planting and Irrigation, Utilizing the Continuing Contract of Davey Tree Company and Invoking Section 126.107(g), Ordinance Code. Bidding the Landscaping Design in accordance with Chapter 126, Ordinance Code. The City is hereby authorized to procure the services of Davey Tree Company to perform the tree planting as is authorized under a continuing contract SC-0300-07 which is valid through December 23, 2010 for those trees that are covered under that contract. For any trees not covered under the continuing contract SC-0300-07 and for the installation of irrigation, the City Council approves the exception pursuant to Section 126.107(g), Ordinance Code, to award the irrigation and tree planting to Davey Tree Company, Inc. With the exception of the foregoing, all other provisions of Chapter 126, Ordinance Code, shall remain in full force and effect.

Section 4. CIP. Ordinance 2009-513-E, being the 2009-2014 Five-Year Capital Improvement Program for the City and certain of its independent agencies, is hereby amended for the project entitled “Jacksonville Arboretum Tree Planting – Lake Phase I”. This project is described on the page(s) in Exhibit 2, attached hereto and by this reference made a part hereof, and shall constitute an amendment to Ordinance 2009-513-E. In all other respects, the Five-Year Capital Improvement Program approved by Ordinance 2009-513-E is continued in full force and effect for the 2009-2010 fiscal year.

Section 5. Oversight Department. The Public Works Department shall oversee the project described herein.

Section 6. Effective Date. This Ordinance shall become effective upon signature by the Mayor or upon becoming effective without the Mayor's signature.

Form Approved:

/s/ Margaret M. Sidman

Office of General Counsel

Legislation Prepared By: Margaret M. Sidman

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