Resolution 2019-30816 RESOLUTION NO. 2019-30816
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE, AT ITS APRIL 24,
2019 MEETING, TO INCLUDE, IN THE BUDGET FOR FISCAL YEAR 2019-
2020, AN ENHANCEMENT FOR ADDITIONAL HOLIDAY LIGHTING
DECORATIONS, PURSUANT TO THE PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY AND ARTISTIC HOLIDAY DESIGNS,
LLC, DATED NOVEMBER 7, 2017, IN THE ADDITIONAL AMOUNT OF
$140,000, ABOVE THE CURRENT CONTRACT AMOUNT OF $535,440.28,
FOR A TOTAL NOT TO EXCEED CONTRACT AMOUNT OF $675,440.28;
AND APPROVING, IN SUBSTANTIAL FORM, AMENDMENT NO. 2 TO THE
AGREEMENT; SAID AMENDMENT CORRECTING THE TOTAL CONTRACT
AMOUNT FOR FY 2018-2019 AND MEMORIALIZING THE ADDITIONAL
ENHANCED SERVICES FOR FISCAL YEAR 2019-2020; AND FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE THE FINAL
AMENDMENT.
WHEREAS, on July 26, 2017, the Mayor and City Commission approved the award of
Request for Proposals (RFP) No. 2017-077-JC for design, furnish, 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 discretion;
and
WHEREAS, on December 1, 2017, pursuant to Section 4.2 of the Agreement, the City and
the Consultant executed a Consultant Service Order, increasing the scope of the Agreement to
incorporate the additional lighting of 41st Street, in a 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$494,917.38, instead of$535,440.38; and
WHEREAS, on April 24, 2019, the Neighborhood/Community Affairs Committee
recommended in favor of including in the budget for FY 2019-2020, an enhancement to the
current service level, in the amount of$140,000.00, increasing the total contract sum to a not to
exceed amount of$675,440.38; and
WHEREAS, an amendment to the Agreement is necessary in order to correct the not to
exceed contract amount for FY 2018-2019, to reflect $535,440.28, and to incorporate the
recommended enhancements for FY 2019-2020; and
WHEREAS, the Administration recommends the approval, in substantial form, of
Amendment No. 2 to the Agreement, a copy of which is incorporated herein by reference and
attached to this Resolution as Exhibit "1".
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the Neighborhood/Community Affairs
Committee, at its April 24, 2019 Meeting, to include in the budget for fiscal year 2019-2020, an
enhancement for additional holiday lighting decorations, pursuant to the Professional Services
Agreement between the City and Artistic Holiday Designs, LLC, dated November 7, 2017, in the
amount of $140,000, above the current contract amount of $535,440.28, for a total not to
exceed contract amount of $675,440.28; and approve, in substantial form, Amendment No. 2 to
the Agreement; said amendment correcting the total contract amount for FY 2018-2019 and
memorializing the additional enhanced services for fiscal year 2019-2020; and further authorize
the City Manager to execute the final amendment.
PASSED and ADOPTED this 8th day of May 2019.
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Dan Gelber, Mayor
ATTEST:
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Rafael E. Granado, City Clerk �' �
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APPROVED AS TO
FORM & LANGUAGE
& FOR EX CUTION
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• Ci Attorney 4.r4 Date
AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
ARTISTIC HOLIDAY DESIGNS, LLC
This Amendment No. 2 (Amendment) to the Professional Services Agreement,
dated November 7, 2017, by and between the CITY OF MIAMI BEACH, FLORIDA a
municipal corporation organized and existing under the laws of the State of Florida,
having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139
(the "City"), and ARTISTIC HOLIDAY DESIGNS, LLC, whose address is 2030 Parkes
Drive, Broadview, IL 60155 ("Consultant"), is entered into this day of April,
2019.
• RECITALS
WHEREAS, on July k6, 2017, the Mayor a r'd City Commissio adopted Resolutio;•0-2017,29956, approving t award of Re®ueessfi•for Proposal?s RFP ) Ns X01 0;7.
'C for design, fu•rnish, installmaintain me and sore holiday lighting and
drvo
ecorations City-wide theRFP. ) to Artistic''.Ho iday Designs, LLC (Consultant) i a an
estimated annual amoun t of$3.44917.38, a; o
WHEREAS, on No ember 7, 2017 .
y the City and _Co s. ltant exec ted a
Y
Professional Service: A-reement (the Agreements) .which incorporated the RF---;and
40
,Consultant's b for an;in tialte m of three 3) years with tw; (2) (1) year renewal
Options, at the.City's discretionand „i114:4-311%An WHEREAS, on-December1 2017 pursuant toectio =� 2 of the Agreement the
•
City. nd theConsultan execut-a a Consultant Sery ce�Order- increasing the scope of
fekvth Agreement to incorporate the ad itional lighting art Street in a total amount of
$40,522.90, increasing the total annus 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 $494,917.38, instead
of$535,440.38; and
WHEREAS, the funding for the current service level and the enhancement, in the
total sum of $535,440.38 was approved and adopted during the FY 2018-2019 second
budget hearing of September 26, 2018; and
WHEREAS, on April 24, 2019, the Neighborhood/Community Affairs Committee
recommended in favor of including in the budget for FY 2019-2020, an enhancement to
the current service level, in the amount of $140,000.00; therefore, increasing the total
contract sum to a not to exceed amount of$675,440.38; and
WHEREAS, on May 8, 2019, the Mayor and City Commission adopted Resolution
No. , accepting the recommendation of the NCAC and approving
EXHIBIT
a
Amendment No. 2 to the Agreement, correcting the total contract sum for Amendment
No. 1 and memorializing the enhancements for FY 2019-2020.
NOW THEREFORE, in consideration of the mutual promises and conditions
contained herein, and other good and valuable consideration, the sufficiency of which is
hereby acknowledged, the City and Contractor hereby agree to amend the Agreement
as follows:
1. ABOVE RECITALS.
The above recitals are true and correct and are incorporated as part of this
Amendment.
2. MODIFICATIONS.
The Agreement is hereby modified (deleted items struck-through and inserted
items underlined) as follows:
(a) Section 49 "ADDITIONAL SERVICES" of Section 0200 "INSTRUCTIONS TO
• ESPONDENT� S & GENERAL CONDITIONS", of the!RFP s<#hereby�deletedi Y -
6 • its e:tirety and:replaced,* follows:
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Nit
SERVICES k's
ADDIT€1'ON OF SITES AND/OR `SERVICES BY THE CITY: ThagCity
is s.
iManageN may request progig-MmirTpl of controllers of lights for special
events aholiday Por for otter locations ("Additional Services") Any
roposals;forAdditional Services mia`stbe approvedby<tle City Manager,
m writing, grin, to being`s implemented, nd memorialized RI an
r amendrient tothe Agreerent executed bylthe City Manage wand
.'- st"'a'i 'nom" .y;:rec �'pa's osb$Y'�v'':�z� > �G:"�3
1<Consultant. Thetotal amountof thewAdditionaIS.ervices may not exceed
�oa$100 0001, or suchgreat amount ash, .may Abe approved by thelCity
. Commision for each contract year. PA
•
(b) Section 2.1 o the Agreement is hereby deleted in its entirety and replacewith
the following:
2_1 SERVICES
A. In consideration of the Fee to be paid to Consultant by the City, Consultant shall
provide the work and services described in Exhibit "A" hereto (the "Services").
Although Consultant may be provided with a schedule of the available hours to
provide its Services, the City shall not control nor have the right to control the
hours of the Services performed by the Consultant; where the Services are
performed (although the City will provide Consultant with the appropriate location
to perform the Services); when the Services are performed, including how many
days a week the Services are performed; how the Services are performed, or any
other aspect of the actual manner and means of accomplishing the Services
provided. Notwithstanding the foregoing, all Services provided by the Consultant
shall be performed in accordance with the terms and conditions set forth in
Exhibit "A" and to the reasonable satisfaction of the City Manager. If there are
any questions regarding the Services to be performed, Consultant should contact
the following person:
Page 2 of 6
Property Management Division
City of Miami Beach
1833 Bay Road
Miami Beach, Florida 33139
Attention: Adrian Morales, Director
Email: AdrianMoralesa.miamibeachfl.gov
B. ADDITIONAL SERVICES FOR 2018-2019 ("YEAR 2").
During year 2 of the Agreement, additional services and products shall be
incorporated as part of the Services, as more particularly described in the
proposal attached as Schedule "B-1" to Exhibit "A", in an amount not to exceed
$100,000.00. Accordingly, the "Annual Cost to the City" section of Schedule "B"
to Exhibit "A" is amended as more particularly described in Schedule "B-1".
C. ADDITIONAL SERVICES FOR 2019-2020 ("YEAR 3").
During year 3 of the Agreement, additional services and products shall be
incorporated as part of the Services, as more particularly described in the
ti{.W proposal attache asISchedule "B-2" tolExhibit "A" inn amount not to exceed-
�� $xI40:000.00 Accordingly the "AnnualgCost to the City section of Schedule "Br
to`Exh bit "A" is amended as more particularly described in Schedule "B-2".._`=
to.
t. (c) Attachment 'E-1", attached to the�Agreement pursuant to Amendmento. 1
is hek5 ,reby deleted m A" entirety
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3. RATIFICATION. *;0,1.
::*.A L. 1
Except as amended herein, all other termsand:conditions of the Agreement Mg
t. , AW remain :unchan ed and in full force'and effect:= In the event there is a conflict
between the provisions off this endment and the Agreement, the provisions of
thisAmendme shall govern. .
a iii ', ,t
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
Page 3 of 6
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By:
Rafael E. Granado, City Clerk Jimmy L. Morales, City Manager
D te: "v'-' ` Date } ]:
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ON
FOR CONSULTANT ARTISTI V;'HOLIDAY DESIGNS,
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ATTEST --
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By:
Secretary President
Print Name Print Name
Date Date
Page 4 of 6
ATTACHMENT "B-1"
(PROPOSAL FOR ADDITIONAL WORK FOR FY 2018-2019)
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Page 5 of 6
ATTACHMENT "B-2"
(PROPOSAL FOR ADDITIONAL WORK FOR FY 2019-2020)
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Page 6 of 6
Resolutions -C7 I
MIAMI BEAH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: May 8, 2019
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF
THE NEIGHBORHOOD/COMMUNITYAFFAIRS COMMITTEE,AT ITS APRIL
24, 2019 MEETING, TO INCLUDE, IN THE BUDGET FOR FISCAL YEAR
2019-2020, AN ENHANCEMENT FOR ADDITIONAL HOLIDAY LIGHTING
DECORATIONS, PURSUANT TO THE PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY AND ARTISTIC HOLIDAY DESIGNS,
LLC, DATED NOVEMBER 7, 2017, IN THE ADDITIONAL AMOUNT OF
$140,000, ABOVE THE CURRENT CONTRACT AMOUNT OF $535,440.28,
FOR A TOTAL NOT TO EXCEED CONTRACT AMOUNT OF $675,440.28;
AND APPROVING, IN SUBSTANTIAL FORM, AMENDMENT NO. 2 TO THE
AGREEMENT; SAID AMENDMENT RETROACTIVELY APPROVING THE
ADDITION OF CERTAIN SITES AND SERVICES, IN THE AMOUNT OF
$40,522.90 (ALREADY PART OF THE CURRENT CONTRACT AMOUNT),
AND MEMORIALIZING THE ADDITIONAL ENHANCED SERVICES FOR
FISCAL YEAR 2019-2020, IN THE AMOUNT OF $140,000; AND FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE THE FINAL
AMENDMENT.
(ITEM TO BE SUBMITTED IN SUPPLEMENTAL)
RECOMMENDATION
Legislative Tracking
Property Management
Page 342 of 1102