Amendment NO.4 Agreement between CMB and ARTISTIC HOLIDAY DESIGNS, LLC 2-62_8- 1 Zoe
AMENDMENT NO. 4
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
ARTISTIC HOLIDAY DESIGNS, LLC
This Amendment No. 4 (Amendment) to the P'ofessionaI Seivices Agreement dated
November 7, 2017, by and between the CITY OF MIAMI BEACH, FLORIDA a municipal
corporation organized and existing under the taws of the State of Florida, having its principal
offices at 1700 Convention Cente'Drive, Miami Beach, Florida 33139(the"City"),and ARTISTIC
HOLIDAY DESIGNS, LLC, whose address s 2030 Parkes Drive, Broadview, IL 60155
("Consultant"), is entered into this '_. day Of MFt7 , 2020.
RECITALS
WHEREAS, on July 26, 2017 the Mayor and City Commission adopted Resolution
No. 2017-29956, approving the award of Request for Proposals("RFP')No 2017-077-JC
for design, f,imish. install, maintain, remove and store holiday lighting and decorations.
City-wide (the 'RFP') to Artistic Holiday Designs. LLC ('Consultant') in an estimated
annual amount of$394,917.38, and
WHEREAS,on November 7, 2017, the City and Consultant executed a Professional
Services Agreement(the'Agreement"), which incorporated the RFP and Consultant's bid,
for an initial term of three (3)years,with two(2), one(1)year renewal options. at the City's
dlscret:on: and
WHEREAS, pursuant to Section 49 'ADDITIONAL SERVICES' of Section 0200
'INSTRUCTIONS TO RESPONDENTS&GENERAL CONDITIONS" of the RFP, the City
Manager may approve additional locations andlor services within the scope of his
authority. and
WHEREAS, pursuant to Section 4 2 of the Agreement,the Department Director may
execute Consultant Service Orders up to an amount not-to-exceed $50,000, with
Consultant Service Orders exceeding $50,000 being subject to the approval of the City
Manager, and
WHEREAS, on December 1, 2017, pursuant to Section 4.2 of the Agreement, the
City arc the Consultant executed a Consultant Service Order, increasing the scope of the
Agreement to incorporate the additional lighting of 41$' Street, in the total amount of
$40,522.90, increasing the total annual contract amount to$435,440.38: and
WHEREAS, on October 17, 2018, the Mayor and City Commission adopted
Resolution No. 2018-30537, approving Amendment No. 1 to the Agreement, increasing
the scope of the Agreement to include additional facilities and locations that will be
enhanced by holiday decor and lighting, for FY 2018-2019, in the additional amount of
$100,000.00,and referencing a not to exceed contract amount of$494,917.28, instead of
$535,440.28; and
WHEREAS, on May 8, 2019, the Mayor and City Commission adopted Resolution
Vo. 2019-30816 accepting the recommendation of the Neighborhood/Community Affairs
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Committee (NCAC) and approving Amendment No 2 to the Agreement, increasing the
total contract sum to a not to exceed amount of$675,440.28 for FY 2019-2020; and
WHEREAS, on January 15. 2020, the Mayor and City Commission adopted Resolution
No 2020-31123, approving Amendment No. 3 to the Agreement; said amendment 1)
retroactively approving the permanent lighting along the 41'1 Street corridor; 2)approving
the enhancement of holiday hghtmg to additional sites which incorporated the areas of
Ocean Dnve,Anchor Garage and Normandy Fountain;and 3)approving additional lighting
for the Super Bowl LIV special event, thereby increasing the total contract sum to a not to
exceed amount of$756,325.5' and
WHEREAS, March 18, 2020, the Mayor and City Commission adopted Resolution
No 2020.31207, approving Amendment No. 4 to the Agreement, said amendment
expanding the scope of the Agreement for FY 2019-2020 by: (1) retroactively approving
additional lighting and decor services for the Super Bowl LIV event, in the amount of
$71,772.00: and (2) approving the maintenance service of said installation until April 1.
2020,in the amount of$39,160.00,thereby increasing the contract sum from$756,325.51
to $867,257.51, and
WHEREAS, these Super Bowl LIV evert lighting services will be provided from
January, 2020 to April. 2020, as a one-time service, as more particularly described in
Schedule 'B-3" to Exhibit"A' of the Agreement
NOW THEREFORE, in consideration of the mutuai promises and conditions
contained herein, and other good and valuable consideration, the sufficiency of which is
hereby acknowledged,the City and Consultant hereoy agree to amend the Agreement as
follows:
1. ABOVE RECITALS.
The above rentals are true and correct and are incorporated as part cf this
Amendment,
2. MODIFICATIONS.
The Agreement is hereby mod'fied {,deleted items slur -ugh and inserted
items ynderlinet)as follows:
:.a) Sect on 2.1 (C)of the Agreement is hereby deleted in its entirety and replaced with
the following:
2.1
C ADDITIONAL SERVICES FOR 2019 2020 YEAR 3a
During year 3 of the Agreement, the Services provided by Consultant are more
particularly described in the pro osl5 attached as cornaos:te Schedule "6-2" to
Exhibit"A".in an amount not to exceed$756,325 51;anc Schedule 'B-3'to Exhibit
'A',in an amount not to exceed$110,932.for a total contract amy_njnQt t4 exceec
$_867.257.51.
d) Section IV to Schedule "B` to Exhibit 'A', entitlec 'Annual Cost to the City', .s
hereby deleted and replaced with the attached new Subsection IV.
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3. RATIFICATION.
Except as amended herein, ad other terms and conditions of the Agreement shah
remain unchanged and in full force and effect. In the event there is a corflict
cetween the provisions of this Arnenament and the Agreement, the orov sons of
this Amendment shall govern
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
}ot5
IN WITNESS WHEREOF, the parties hereto have caused ms Amendment to be
executed by their appropnate officials, as or the date frst entered above
FOR CITY CITY OF MIAMI BEACH, FLORIDA
ATTEST,
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Date Date
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FOR CONSULTANT: • .
*iINCORPORATED
C HOUDAY DESIGNS,
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ATTEST: 144% uvogoloi•
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Secretary President
Kara Wolf Derek Norwood
Print NLIrne \/,-Jr•
5/20/2020 5/20/2020
Date
APPROV a TO
FOR .tGUAGE
Ow- sECUTION
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-4111.11.14 WNW 54X t910
SCHEDULE '9-3'
(SUPER BOWL LIV EVENT EXTENDED TREE LIGHTING SERVICES(THROUGH APRIL 1, 23201)
Page 5-at 5
AA �- I AnIs*Holiday Designs, LLC Invoice 1352
t S±./C 202 Stephen Street
Lemont. IL 60439
Holiday Designs
BILL TO
City of Miami Busc'1
Accounts Payable Davison. JA,k PLEASE PAY DUE DATE
Fiance Department m.772.00 2C'+:
1700 Convention Center
Drive, 3rd Floor
Miami Beach, FL 33,39
ACTIVITY a/Y RATE AMOUNT
Super Bowl Trees 1 71,772.00 71,772.00
Add-on
TOTAL DUE $71 .772.00
THANK YOU
fw±isfc
Holiday Designs
2/5/2020
Extended Tree Lighting
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Ocean Drive - Tree lighting extended thru April 1, 2020 Arfist'ic
Miami Beach ! Florida H„u::.y o.,,9,,,
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Lummus - Tree lighting extended thru April 1, 2020
Miami Beach ! Fonda Holio•y Designs
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LOCATION DESCRIPTION COSTS
Ocean Drive Extend Tree lighting until April 1,2020 $*10040
TOTAL: S 39,100.00
Service Includes:
• On site service technician
• 7 days a week, 24 hours a day. (Will work a maximum of 12 hours in a 24 hour cycle)
• Bucket truck on site and available far the service time
• Service dates February 7th through April 1st
• Removal dates April 2nd through April 10th
• Replacement light sets as needed
• Replacement power cord as needed
• Replacement power connections as needed