Resolution 2020-31400R E S O LU T IO N N O . 2020-31400
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM,
AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES AGREEMENT,
DATED NOVEMBER 7, 2017, BETWEEN THE CITY AND ARTISTIC HOLIDAY
DESIGNS, LLC; SAID AMENDMENT APPROVING A ONE-TIME FEE, IN THE
AMOUNT OF $183,841, TO REFURBISH THE CITY'S HOLIDAY LIGHTING AND
DECOR THAT HAS EXCEEDED ITS USEFUL LIFE; AND FURTHER
AUTHORIZING THE CITY MANAGER AND CITY CLERK 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, 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 (the "Agreement");
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 additional lighting along 41° Street, in the total amount of $40,522.90, increasing the
total annual contract amount to $435,440.28; 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, to enhance the holiday décor 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 $535,440.28; and
WHEREAS, on May 8, 2019, the Mayor and City Commission adopted Resolution No. 2019-
30816 accepting the recommendation of the Neighborhood/Community Affairs 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 expanding the
scope of the Agreement for FY 2019-2020 by: (1) retroactively approving the pilot program for
permanent lighting along 41 st Street, in the amount of $17,950.00; (2) retroactively approving
enhanced holiday lighting services for additional sites, in the amount of $30,280.23; and (3)
approving additional lighting and decor services for the Super Bowl LIV event, in the amount of
$32,655.00, increasing the total contract sum to an amount not to exceed $756,325.51 for FY
2019-2020; and
W HEREA S, on 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 the additional lighting
and décor services for the Super Bowl LIV event, in the amount of $71,772.00; and (2)
retroactively approving the maintenance service of said installation until April 2020, in the amount
of $39,160.00, increasing the contract sum from $756,325.51 to an amount not to exceed
$867,257.51 for FY 2019-2020; and
WHEREAS, the term of the Agreement provides two (2), one (1) year renewal options, to
be exercised at the City Manager's sole option and discretion; and
WHEREAS, on July 30, 2020, the Agreement was renewed for one (1) year, through
November 6, 2021 for the fourth year of the Agreement; and
WHEREAS, the Agreement is structured as a rent to own, with a $1.00 buy-out at the end
of year three (3) of the Agreement, plus labor for $312,920, for a total cost of $312,921 for year
four (4) (FY 2020-2021 ); and
WHEREAS, the City Manager recommends approving the one-time fee of $183,841, to
refurbish and/or replace the City's holiday lighting and décor, to be expended during the 2020-
2021 fiscal year from previously appropriated funds; and
WHEREAS, the City Manager recommends the approval, in substantial form, of Amendment
No. 5 to the Agreement, a copy of which is incorporated herein by reference and attached to this
Resolution as Attachme nt "A", inc orporating these additional services.
NOW, THEREFORE, BE IT DUL Y RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby
approve, in substantial form, Amendment No. 5 to the Professional Services Agreement, dated
Novem ber 7, 2017, betw een the City and Artistic Holiday Designs, LLC; said amendment
approving a one-time fee, in the amount of $183,841, to refurbish the City's holiday lighting and
decor that has exceeded its useful life; and further authorize the City Manager and City Clerk to
execute the final amendment.
PASSED AND ADOPTED this 16" day of September 2020.
• Dan Gelber, Mayor
ATTEST:76/
Rafael E ~nado, Cit:£~~r•<i>
APPROVED AS TO
FORM & LANGUAGE
& FO EXECUTION
, "es
A M E N D M E N T NO . 5 TO T H E P R O F E S SIO N A L SE R V IC ES A G R EE M E N T
B ET W E EN
TH E C IT Y O F M IA M I BEA C H , FL O R ID A
A N D
A R T IST IC H O LI D A Y DE SIG N S , LL C
This Amendment No. 5 (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 September 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, 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, pursuant to Section 49 the Agreement, additional locations and services
may be added for special events, holidays or for other location; 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 décor 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
No. 2019-30816 accepting the recommendation of the Neighborhood/Community Affairs
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 st Street corridor; 2) approving
the enhancement of holiday lighting to additional sites which incorporated the areas of
Ocean Drive, 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 $756,325.51; and
Page 1 of 4
ATTACHMENT "A"
W HER EA S, 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, increasing the contract sum from $756,325.51 to
$867,257.51; and
WHEREAS, on July 30, 2020 the Agreement was renewed for one (1) year through
November 6, 2021 for a total contract sum in the amount of $312,921 for FY 2020-2021.
WHEREAS, on September 16, 2020, the Mayor and City Commission adopted
Resolution No. , approving, In substantial form, Amendment No. 5,
approving a one-time fee, in the amount of $183,841, to refurbish the City's holiday
lighting and decor that has exceeded its useful life.
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 Consultant 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:
The City and Consultant hereby approve the refurbishment and replacement of the
City's holiday lighting inventory, at a cost of $183,841, pursuant to the breakdown
incorporated herein by reference and attached to the Agreement as Schedule "B-
4" to Exhibit "A", to be expended during Year four (4) of the Agreement.
3. RATIFICATION.
Except as amended herein, all other terms and conditions of the Agreement shall
remain unchanged and in full force and effect. In the event there is a conflict
between the provisions of this Amendment and the Agreement, the provisions of
this Amendment shall govern.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
Page 2 of 4
IN W ITNESS W HEREO F, 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
Date Date
FOR CONSUL TANT: ARTISTIC HOLIDAY DESIGNS,
LLC
ATTEST:
By:
Secretary President
Print Name Print Name
Date Date
Page 3 of 4
SCH ED UL E "B -4
YEAR 4 REFURBISHMENT AND REPLACEM ENT OF HO LI DAY LIG HTING AND DECO R
Page 4 of 4
Contract number and discription
1st orainal contract
2nd addon contract 41st st. addon)
2018 add0n $100k over 3 years
2019 3ddon $139k one time add
2019 con tract
2020 budaet
2021 budaet
Total product (over 3
roduct per eat year contracts) labor er vear total Refurbishment/re lacement ear to refurbish
$223.157.78 S669473.34 $171,759.60 $394,917.3 $167.368.3 2019/2020
$21,962.9 $65.,888.7 $18,560.0 $40.522.9 $16,472.1 20 19/2020
$22.359.8 $67,079.5 $77.640.1 $100.000.0 $16.769.8 2021
$94.673.7 $94.673.7 $44.960.2 $13 9.6 34.0 $23.668.4 2022
Labor Product R e fu bis hm ent Tota l
$312.920.00 $362.154.3 $0.00 $675.074.3
$312.920.00 $0.00 $18 3 840.5 $496.760.5
S312 9 20.00 $0.00 $16,769.8 $329.6 89.8
Resolut ions - C Z y
M IAM I BEAC H
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
Honorable Mayor and Members of the City Commission
Jimmy L. Morales, City Manager
September 16, 2020
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM,
AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES AGREEMENT,
DATED NOVEMBER 7, 2017, BETWEEN THE CITY AND ARTISTIC
HOLIDAY DESIGNS, LLC; SAID AMENDMENT EXPANDING THE SCOPE
OF THE AGREEMENT FOR FY 2020-2021 BY APPROVING ADDITIONAL
LIGHTING AND DECOR SERVICES IN THE AMOUNT OF $183,841 FOR A
TOTAL CONTRACT SUM, IN THE AMOUNT NOT TO EXCEED $496,762;
AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK
TO EXECUTE THE FINAL AMENDMENT.
RECOM MENDAT ION
The Administration recommends adopting the Resolution.
BACKGROUN D/HISTORY
On November 7, 2017, the Mayor and City Clerk executed a Professional Services Agreement
(the Agreement) with Artistic Holiday Designs, LLC (the Consultant) for a term of three (3) years
to design, furnish, install, maintain, remove and store holiday lighting and decorations Citywide.
On October 17, 2018, the Mayor and City Commission adopted Resolution No. 2018-30537,
approving Amendment No. 1 to the Agreement, increasing the scope to include additional
facilities and locations enhanced by holiday décor and lighting for FY 2018-2019 (year two (2)).
On May 8, 2019, Resolution No. 2019-30816 was adopted, approving Amendment No.2 to the
Agreement, memorializing the enhancements recommended by the Neighborhood /Community
Affairs Committee (NCAC) to increase the current service level for FY 2019-2020 (year three
(3)) for a total contract sum to a not to exceed amount of $675,440.38.
Furthermore, on January 15, 2020, the Mayor and City Commission adopted Resolution No.
2020-31123, approving Amendment No. 3 to the Agreement, which further expanded the scope
of the Agreement by 1) retroactively approving the permanent lighting along the 41°' Street
corridor, 2) retroactively approving enhanced holiday lighting services for additional sites, and 3)
approving additional lighting and décor services for the Super Bow LIV special event; thereby
increasing the total contract sum to a not to exceed amount of $756,325.51. Subsequently, on
Page 505 of 1855
M arc h 18, 2020 , R eso lut ion N o. 2020-312 07 wa s ado pted , appro vi ng A m e ndm e nt No .4 to th e
A gree m ent , to include supple m ental lig hting and m aintenance servi ce of the S uper Bowl LIV
speci al event insta llation fro m January to A pril 1, 2020, incr e asing th e contra ct sum to an am ount
not to exceed $8 67,2 57.5 1 for FY 20 19 -2020 (year th ree (3)).
ANALY SIS
The Agreement provides for an initial term of three (3) years, with two (2), one (1) year renewal
options, to be exercised at the City Manager's sole option and discretion. On July 30, 2020, the
Agreement was approved for renewal for a term of one (1) year through November 6, 2021.
Pursuant to Subsection IV to Schedule Bof the Agreement, the annual cost to City for year (4)
four, includes purchase of all product leased throughout the course of the contract, including all
enhancements approved via amendments, for $1.00 and labor for $312,920, for a total contract
sum in the amount of $312,921 for FY 2020-2021.
However, some of the lighting initially installed in 2017, year (1) one of the Agreement, have
exceeded their useful life and require refurbishment. Pursuant to Section 49 of the Agreement,
additional locations and services may be added for special events, holidays or for other location.
The City Manager is recommending the restoration of holiday decorations and lighting, in the
amount of $183,841, and more particularly described in Schedule B-3 to the proposed
Amendment No. 5. attached hereto.
Accordingly, an amendment is necessary in order to incorporate the refurbishment services for
FY 2020-2021 in the total amount of $183,841 , increasing the contract sum in the not to exceed
amount of $496,762.
CONCLUSION
The Administration recommends approving, in substantial form, Amendment No. 5 to the
Agreement; said amendment memorializing the additional enhanced services for fiscal year
2020-2021; and further authorize the City Manager and City Clerk to execute the final
amendment.
Applicable Area
Not Applicable
ls this_a "Residents Right
to Knoyy" item, pursu ant to
City Code Section 2-14?
No
Legislative Tracking
Property Management
Doe s this item utilize G.O,
Bond Fun ds?
No
ATTACHMENTS:
Description
a Resolution
Amendment
Page 506 of 1855
AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
ARTISTIC HOLIDAY DESIGNS, LLC
This Amendment No. 5 (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 September 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, 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, pursuant to Section 49 the Agreement, additional locations and services
may be added for special events, holidays or for other location; 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 wilt be
enhanced by holiday décor 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
No. 2019-30816 accepting the recommendation of the Neighborhood/Community Affairs
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 st Street corridor; 2) approving
the enhancement of holiday lighting to additional sites which incorporated the areas of
Ocean Drive, 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 $756,325.51; 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
Page 1 of 4
Page 509 of 1855
a d d itio n a l lig h tin g a n d d e c o r se rv ic e s fo r th e S u p e r B o w l LI V e v e n t, in the a m o u n t o f
$7 1,77 2 .0 0 ; a nd (2 ) ap p rov ing the m a in te n a n c e se rv ic e o f sa id in sta lla tio n un til Ap r i l 1.
2 0 2 0 , in the am o u nt of $3 9 ,16 0 .0 0 , in c re a s in g th e c o n tra c t s u m fr o m $7 5 6 ,3 2 5 .5 1 to
$8 6 7,2 5 7.5 1; an d
WHEREAS, on July 30, 2020 the Agreement was renewed for one (1) year through
November 6, 2021 for a total contract sum in the amount of $312,921 for FY 2020-2021.
WHEREAS, pursuant to Section 49 the Agreement, additional locations and services
may be added for special events, holidays or for other location.
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 Consultant hereby agree to amend the Agreement as
follows:
1. ABOVE RECIT ALS.
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 2.1 (C) of the Agreement is hereby deleted in its entirety and replaced with
the following:.
C. ADDITIONAL SERVICES FOR 2020-2021 ("YEAR 4"}.
During year 4 of the Agreement. the Services provided by Consultant are more
particularly described in the proposals attached as composite Schedule "B-2" to
Exhibit "A", for a total not to exceed contract sum 0f $496,762
d) Section IV to Schedule "B" to Exhibit "A", entitled "Annual Cost to the City", is
hereby deleted and replaced with the attached new Subsection IV.
3. RATIFICATION.
Except as amended herein, all other terms and conditions of the Agreement shall
remain unchanged and in full force and effect. In the event there is a conflict
between the provisions of this Amendment and the Agreement, the provisions of
this Amendment shall govern.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLA NK.
Page 2 of 4
Page 51 O of 1855
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
Date Date
FOR CONSULTANT: ARTISTIC HOLIDAY DESIGNS,
LLC
ATTEST:
By:
Secretary President
Print Name Print Name
Date Date
Page 3 of4
Page 511 of 1855
SCHEDULE "B-3"
(SUPER BOWL LIV EVENT EXTENDED TREE LIGHTING SERVICES (THROUGH APRIL 1, 2020))
Page 4 of 4
Page 512 of 1855