Amendment No. 5 to the Agreement between The City of Miami Beach and Artistic Holiday Designs, LLC -;
DocuSign Envelope ID:1B2294E8-C619 4797-9EF0-B100449A9057 e��t1�9,,: 014Q `
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 thisOctober 9,202aay 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 1.7, 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 referencinga 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 41st 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
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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, 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.2020-31400, 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 str-usk,threugh 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.
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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:: DocuSigned by: DocuSigned by:
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DocuSigned
28CA18194070496...
By:
Rafael E. Granado,.City Clerk Jimmy L.Morales, City Manager
10/9/2020 i 10:53 AM EDT 10/9/2020 i 6:36 AM EDT
Date Date
FOR CONSULTANT: ARTISTIC'HOLIDAY DESIGNS,
LLC
ATTEST:
By: \t‘ (Lk,k
Secretary President
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DocuSign Envelope ID:I B2294E8-C619-4797-9EFO-BI00449A9057
SCHEDULE"B-4"
YEAR 4 REFURBISHMENT AND REPLACEMENT OF HOLIDAY LIGHTING AND DECOR
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TONT product(over3
Contract number and diacdpdon productp.v year — year contrarn) - labor oar year total Refurblalenendreplacement year to ratxWeb
1st argnecon000 5223,157.78 38119,173.3.4 5171,759.60 3394,917.3 5167,368.3, 7019,2020
2nd seldom contras(41d LL nddonl 521,952.91 •565,888.70 516,580.06 540.522.95 018 472.11 2019/2020
2018 addon 5100k over 3 year. 522,359.81 587,079.51 577.840.10 3100,000.0 516,789.01 2021
2019 addon 51396 one Pre odd 590.873,75 004.873.76 014.960.21 3139.834.0 523,668.45 2022
Labor Product Ratubiehmard Total
2019 contract. 5312,920.00.. 3382,154.3 50.00 5675.074.3
2020 budget $312920.00 50.00 5083.840.5 5495,780.5
2021 budget 8312,920.00 00.09 5113,769.85 53212880.8