HomeMy WebLinkAboutReso 2023-3530RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A THIRD AMENDMENT TO THE AGREEMENT WITH LIGHT
ER UP LLC, TO ADD ADDITIONAL COMPENSATION FOR YEAR THREE OF THE
AGREEMENT IN AN AMOUNT NOT TO EXCEED TWENTY-EIGHT THOUSAND
DOLLARS AND NO CENTS ($28,000.00), ATTACHED HERETO AS EXHIBIT "A";
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on July 15, 2021, via Resolution No. 2021-3218, the City Commission of the
City of Sunny Isles Beach ("City") awarded Request for Proposals No. 21-03-01 to, and approved
an agreement with, Light Er Up LLC ("Vendor"), in an amount not to exceed $407,000.00 (the
"Agreement"), to install holiday lights and decorations at various locations throughout the City
("Decorations"); and
WHEREAS, on February 7, 2022, the City Manager exercised his authority and executed
a First Amendment with the Vendor for the installation, removal, maintenance, and storage of
City owned decor at no additional cost to the City; and
WHEREAS, on September 13, 2021, the City Manager authorized the issuance of a
purchase order to the Vendor for additional Decorations at Heritage Park for the 2021 Holiday
Season, in an amount not to exceed $2,750.00, subsequently ratified by the City Commission on
July 21, 2022, via Resolution No. 2022-3363 ("Resolution"); and
WHEREAS, via the Resolution, the City Commission also approved a Second Amendment
to the Agreement with Light Er Up LLC for additional Decorations for the 2022 Holiday Seasons
in an amount not to exceed $31,444.55; and
WHEREAS, additional Decorations are needed for the 2023 Holiday Season, for which
the Vendor has submitted a quote in the amount of $28,000.00; and
WHEREAS, the City Commission now wishes to approve a Third Amendment to the
Agreement with the Vendor for additional decorations for the 2023 Holiday Season, and
providing for additional compensation for year three of the Agreement in an amount not to
exceed Twenty -Eight Thousand Dollars and No Cents ($28,000.00), bringing the total contract
amount to Four Hundred Sixty -Nine Thousand One Hundred Ninety -Four Dollars and Fifty -Five
Cents ($469,194.55), attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of the Third Amendment. The City Commission hereby approves a
Third Amendment to the Agreement with Light Er Up LLC for additional decorations for the
2023 Holiday Season and providing for additional compensation for year three of the
Agreement in an amount not to exceed Twenty -Eight Thousand Dollars and No Cents
R2023 Third Amend w Light Er Up Mia for Holiday Lights Page 1 of 2
($28,000.00), bringing the total contract amount to Four Hundred Sixty -Nine Thousand One
Hundred Ninety -Four Dollars and Fifty -Five Cents ($469,194.55), attached hereto as Exhibit "A".
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
Amendment.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 175t day o,YAugus� 2023.
Larisa Svechin, Mayor
ATTES APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Maur io' BAancQk, CMC, City Clerk 44in E. Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
Moved by: 16voSeconded by: 'V � ' 4d
Vote:
Mayor Svechin (Yes) (No)
Vice Mayor Joseph (Yes) (No)
Commissioner Lama —;/j(Yes) (No)
Commissioner Stuyvesant(Yes) (No)
Commissioner Viscarra :(Yes) (No)
@BCL@AC0900A4.doc Page 2 of 2 98
THIRD AMENDMENT TO THE AGREEMENT BETWEEN
9.
*FL Pp'4C THE CITY OF SUNNY ISLES BEACH AND
C.ry aF-o F o LIGHT `ER UP LLC
CONTRACT NO. 2021-7668
This Third Amendment to the Agreement between the CITY CF SUNNY ISLES BEACH
("City") and LIGHT `ER UP LLC, ("Contractor"), executed this 1_ day of August, 2023, is
made a part of the original Agreement between the parties dated August 1, 2021, Contract No.
2021-7668, its First Amendment, dated February 7, 2022, and its Second Amendment, dated
August 2, 2022 (collectively "Agreement" and attached hereto as Attachment "A"). The City and
the Contractor hereby agree to amend the Agreement as follows:
1. AMENDING COMPENSATION. Section 4 of the original Agreement, entitled
"Compensation" is amended to include additional compensation for continuing and additional
Services, as more particularly described in Attachment `B," in an amount not to exceed Twenty -
Eight Thousand Dollars and No Cents ($28,000.00).
2. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein,
all terms and conditions of the original Agreement between the parties, as amended, shall remain
in full force and effect.
3. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions
contained in this Third Amendment shall prevail and be given superior effect and priority over any
conflicting or inconsistent terms, statements, requirements or provisions contained in any other
document or attachment, including but not limited to Attachment "A
IN WITNESS WHEREOF, the parties have executed this Third Amendment to the
Agreement as of the date referenced above.
[SIGNATURE PAGE TO FOLLOW]
Light Er Up — Third Amendment
Page 1 of 4
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
WITNESS:
ignature
Print Name
City Clerk
Light Er Up - Third Amendment
LIGHT `ER UP LLC
Nicholas W. Caine, CEO
CITY OF
Larisa Svechin,
BEACH
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
AnE.Oea ,fo&rW naft.-r sGiblin
& Nickerson, P.A., City Attorney
Page 2 of 4
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment A
Light Er Up — Third Amendment
Page 3 of 4
FERST AMENDMENT TO THE AGREEMENT $ETWEEN
F04 "l••• ' '. yam
THE CITY OF SUNNY ISLES BEACH AND
LIGHT `ER UP LLC
Fsu � �44
nr' ° CONTRACT NO.
2021-7668
This First Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH
("City") and LIGHT `ER UP LLC, ("Contractor"), executed this JQ day of'
2022 is made a part of the original Agreement between the parties dated August 1, 2021, C ract
No. 2021-7668 (the "Agreement"), attached hereto as Attachment "A", and the City and the
Contractor hereby agree to amend the Agreement as follows:
1. SCOPE OF SERVICES. Section 2 of the Agreement is hereby amended to add
additional services as more particularly set forth below ("Additional Services"):
The Contractor shall install the City -owned holiday decor described in Attachment `B" during the
term of the Agreement at that same time and manner as the other holiday lighting and decor
provided under the original Services. The Contractor shall also maintain, remove, and store the
City -owned holiday decor described in Attachment `B" for the entire term of the Agreement. The
storage of the City -owned holiday decor shall be in a secured climate -controlled facility.
In the event the Agreement is terminated pursuant to Section 8 of the Agreement, or upon
expiration of the Agreement, the Contractor shall return the City -owned holiday decor to the City
within one (1) business day.
The Contractor shall bear the entire risk of loss, theft, destruction of or damage to the City -owned
holiday ddcor listed in Attachment "B" ("Loss or Damage") while being stored by the Contractor.
In the event of Loss or Damage, the Contractor, at the option of the City, shall either restore the
City -owned holiday decor to its previous condition, or replace the City -owned holiday ddcor
with items acceptable to the City in its sole discretion.
The Contractor shall not be entitled to additional compensation for the aforementioned Additional
Services.
2. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically
modified herein, all terms and conditions of the Agreement shall remain in full force and effect.
3. CONFLICTING PROVISIONS. The terms, statements, requirements, or
provisions contained in this First Amendment shall prevail and be given superior effect and priority
over any conflicting or inconsistent terms, statements, requirements or provisions contained in any
other document or attachment, including but not limited to Attachment "A" and `B".
IN WITNESS WHEREOF, the parties have executed this First Amendment to the
Agreement as of the date referenced above.
[SIGNATURE PAGE TO FOLLOW]
Page 1 of 2
WITNESS:
SignaMrb
LIGHT `ER UP LLC
Nichola p
CITY OF SUNNY ISLES BEACH
City Clerk
By: ,
Stan Morris, Manager
APPROVED AS TO FORM AND
LEG IC NCY
By:
Edward Dion, City Attorney
Juikinr -EK Up LLC
CONTRACT NO. 2021r7668
This Second Amendment to the Agreement between the CITY OF SUNNY ISLES
B This
("City") and LIGHT `ER UP LLC, ("Contractor"), executed this -DL day of
2022 is made a part of the original Agreement between the parties dated August
1, ��0 ontract No. 2021-7668 (the "Agreement"), as amended, attached hereto as Attachment
A , and the City and the Contractor hereby agree to amend the Agreement as follows:
1. AMENDNG COMPENSATION. Upon full execution of this Second Amendment,
Section 4 of the original Agreement, titled "Compensation" shall be deleted in its entirety and
substituted with the following language:
During the term of this Agreement, in whatever capacity rendered the Ci tv shall
pay.Contractor for Services performed under this Agreement in M amount not
to exceed Four Hundred Forty -One Thousand One Hundred Ninety Four Dollars
and V;—, B ry —
«u ODvcn nunarea 1'ltty JJollars ($15
in year onP. it°Vaar (inn
156,444.55) as compensation for the Servicesy in Year two
allall charges and taelrc
scne
Of charges as reflected in Attachment "A", under the following conditions
a. Disbursements Thara
b.
ontractor the Cit s1a11. aV Contractor Twenty- Five Percent 2S% of
Year Ona mL_ - _
satisfaction of the Services bM the Contractor.
For years two and three of the initial term the payment schedule shall be
as follows. Twenty -Five Percent (25%) of that year's compensation upon
oil thE ann„uara—, -V4&- ---- _ _ i
following removal and successful completion of the Services.
Page 1 of 3
The Contractor shall not charge the City for anv lights that become non
functional during the time of the Holiday Lighting Season as defined in
RFP 21-03-01.
Payment shall be made after delivery within 45 days of receipt of an
invoice and authorized inspection and acceptance of the goods/services
and pursuant to Section 218 74 Florida Statutes and other applicable law,
If services have been rendered in conformity with the Agreement the
invoice will be sent to the Finance Department for payment Invoices must
reference the contract number assigned hereto
C. Final Invoice. In order for both varties herein to close their books and
records the Contractor will cle rly state "final invoice" on the
Contractor's final/last billing to the City This certifies that all services
have been properly performed and all charges and costs have been
invoiced to the City. Since this account will thereupon be closed Any
other additional charges if not properly included on this final invoice are
waived by the Contractor.
Contractor shall make no other charges to the Ci for su lies labor, taxes
licenses, permits, overhead or anv other expenses or costs unless anysuch
expense or cost is incurred by Contractor after receipt of the prior written
approval of the City. If the City disputes any charges on the invoices it may
make payment of the uncontested amounts and withhold payment on the
contested amounts until thgy are resolved by a reeme I with Contractor.
Contractor shall not pledge the City's credit or make it a guarantor of a went
or surety for any contract debt obligation@dgment lien or any form of
indebtedness. The Contractor further warrants and re resents that it has no
obligation or indebtedness that would impair its ability to fulfill the terms of this
Agreement
2. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein,
all terms and conditions of the original Agreement between the parties dated August 1, 2021, as
amended, shall remain in full force and effect.
3. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions
contained in this Second Amendment shall prevail and be given superior effect and priority over
any conflicting or inconsistent terms, statements, requirements or provisions contained in any other
document or attachment, including but not limited to Attachment "A".
IN WITNESS WHEREOF, the parties have executed this Second Amendment to the
Agreement as of the date referenced above.
[SIGNATURE PAGE TO FOLLOW]
69
I
WITNESS:
'Sigiatur�.
E
Clerk
LIGHT'ER UP LLC
K3
Nicholas W, Caine, CEO
CITY OF SUNNY ISLES BEACH
By: /// L�—
Dana Robin Goldman, Mayor
APPROVED AS TO FORM AND
LEG SUFF CY
By:
Edward A. Dion, City Attorney
SUN Y i!
AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH
X °;, AND LIGHTER UP LLC
r CONTRACT NO. 2021-7668
THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is
made in duplicate, this PL day of �i� 2021, by and between the CITY OF SUNNY ISLES
BEACH, Florida, (hereinafter referred to as "City"), and LIGHT °ER UP LLC, a Florida limited
liability company authorized to do business in the State of Florida (hereinafter referred to as
"Contractor") whose Federal LD. ff is 82-3208787.
RECITALS
WHEREAS, the City is in need of a contractor to provide holiday lighting and decorations
at various locations throughout the City, including parks, right-of-ways, and facilities("
Services")
as more Particularly described in itequest for Proposals No. 21-03-01 "Holiday Lighting and
Decorations", attached hereto as Attachment "A", which is incorporated herein by reference; and
WHEREAS, Contractor is a certified and insured entity with the necessary experience to
provide the desired Services; and
rWHEREAS, the City wishes to enter into this Agreement with Contractor to provide the
Services to the City, subject to the terms and conditions of the Agreement, in an amount not
to exceed Four Hundred Seven Thousand Dollars ($407,000.00) for the initial three (3) year
term.
NOW THEREFORE, in consideration of the prornises and the mutual covenants herein
name, the parties agree as follows:
TERMS
I. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement
and made a part hereof for reference.
1. TIRE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement,
the City's Request for Proposals No. 21-03-01 "Holiday Lighting and Decorations" and associated
addendum ("RFP No. 21-03-01"), and Contractor's response to RFP No. 21-03-01, all of which
are attached hereto as Attachment "A" (hereinafter referred to as "Contract Documents"),
2. SERVICES. Contractor agrees to provide services to the City as more particularly set
forth in the Contract Documents, attached hereto as Attachment "A" and incorporated herein by
reference (hereinafter referred to as "Services"). Upon the City's request, the Contractor shall
provide alternate designs to the City at no additional charge.
The Services shall be performed by Contractor to the full satisfaction of the City. Contractor
agrees to furnish all labor and material in a good and workmanlike and professional manner to
perform Services. Contractor agrees to have a qualified representative to audit and inspect the
Services provided on a regular basis to ensure all Services are being performed in accordance with
the City's needs and pursuant to the terms of this Agreement, and shall report to the City
accordingly. Contractor agrees to immediately infonn the City via telephone and in writing of any
problems that could cause damage to the City's property, improvements and persons. Contractor
Christmas Desianers, Ino.
Attachment "A" 71
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 9493113 Fax
will require its employees to perform their work in a manner befitting the type and scope of work
to be performed. in the event that the Contractor fails to complete the Services pursuant to the
terms of this contract and City must undertake the completion of performance of Services,
Contractor agrees to indemnify tho City for all costs incurred with respect to the completion of
those Services and any damages the City may suffer as a result of the Contractor's failure to
perform the Services.
3. TERM. Subject to the provisions relating to the termination of this Agreement as set
forth hereunder, the term of this Agreement shall begin upon full execution of this Agreement, and
shall remain in effect for an initial three (3) year term.
The City shall have the option at its sole discretion to renew the Agreement for an additional two
(2) one (1) year renewal terms.
Payment will be made only for work completed to the satisfaction of the City. Contractor is to
commence performance ofwork from the date of this agreement and continue in a diligent manner
until completion of the Services. Conttactor acknowledges that compliance with the
commencement and completion schedule is the essence of this Agreement. The terms of Sections
18 and 19 entitled "Indemnification and Waiver of Liability," and "Compliance with Law,"
respectively, shall survive termination of this Agreement.
4. COMPENSATION During the term of this Agreement, in whatever capacity rendered,
the City shall pay Contractor for Services performed under this Agreemen
Hundred Fifty Seven Thoasand Dollars t in an amount not to
exceed Four Hundred Seven Thousand Dollars ($407,000.00), which amount includes One
($157,000.00) as compensation for the Services in year
one ("Year One Compensation"), One Hundred Twenty Five Thousand Dollars ($125,000.00) as
compensation for the Services in year two ("Year Two Compensation"),and One I'undred Twenty
Five Thousand Dollars ($125,000.00) as compensation for the Services in year three ("Year Three
Compensation"), Payment to Contractor for all charges and tasks under this Agreement shall be
in accordance with the Contract Doomnents and the schedule of charges as reflected in Attachment
"A", under the followittg conditions;
a. Disbur_ s_em6nts. 'There are no reimbursable expenses associated with this contract
except for expenses approved by the City Manager.
a. Payment Schedule Invoices received from the Contractor pursuant to this
Agreement wil l be reviewed by the initiating City Department. Upon full execution
of this Agreement, payment of a deposit shall be made by the City to the Contractor
in the amount of Fifty Percent (501/o) of Year One Compensation. upon successful
installation of the Services by the Contractor, the City shall pay Contractor Twenty
Five Percent (25%) of Year One Compensation. The remainder Twenty Five
Percent (251/4) balance shall be paid by the City following the removal and fu11
satisfaction of the Services by the Contractor.
For years two and three of the initial term, the payment schedule shall be as follows:
Twenty Five Percent (25%) ofthatyear's compensation upon on the anniversary of
the execution date of the Agreement, Fifty (50%) ofthat year's compensation upon
successful installation of the Services, and the remaining Twenty Five Percent
Light'&r Up LLC
2
72
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3.113 Fax
(251/6) of that year's compensation following removal and successful completion of
the Services.
The Contractor shall not charge the City for any lights that become non-functional
during the time of the Holiday Lighting Season, as defined in RFP 21-03-01.
Payment shall be made after delivery, within 45 days of receipt of an invoice and
authorized inspection and acceptance of the goods/services and pursuant to Section
218.74, Florida Statutes and other applicable law. If services have been rendered in
conformity with the Agreement, the invoice will be sent to the Finance Department
for payment. Invoices must reference the contract number assigned hereto.
b. Final Invoice. In order for both parties herein to close their books and records, the
Contractor will clearly state "sinal invoice' on the Contractor's final/last billing to
the City; This certifies that all services have been properly performed and all
charges and costs have been invoiced to the City. Since this account will thereupon
be closed, any other additional charges, if not properly included on this final
invoice, are waived by the Contractor.
Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits,
overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor
with the prior written approval of the City. If the City disputes any charges on the invoices, it may
make payment of the uncontested amounts and withhold payment on the contested amounts until
they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or
make it a guarantor of payment or surety for any contract, debt, obligation,
form of indebtedness. The Contractor further warrants and represents that it has not
obligation r
indebtedness that would impair its ability to fulfill the terms of this Agreement.
5• INDEPENDENT CONTRACTOR RE ATIONSRUP. The Contractor is an
independent Contractor and shall be treated as such for all purposes. Nothing contained in this
Agreement or any action of the parties shall be construed to constitute or to render the Contractor
an employee, partner, agent, shareholder, officer or in any other capacity other than as an
independent Contractor other than those obligations which have been or shall have been
undertaken by the City. Contractor shall be responsible for any and all of its own expenses in
performing its duties as contemplated under this Agreement. The City shall not be responsible for
any expense incurred by the Contractor. The City shall have no duty to withhold any Federal
income taxes or pay Social Security services and that such obligations shall be, that of the
Contractor, other than those set forth in this Agreement. Contractor shall furnish its own
transportation, office and other supplies as it determines necessary in carrying out its duties under
this Agreement.
6• INSURANCE- Contractor shall, at its sole cost and expense, during the period of any
work being performed under this Agreement, procure and maintain the following minimum
insurance coverage to protect the City and Contractor against all loss, claims, damage and
liabilities caused by Contractor, its agents or employees, as indicated below -
0 Comprehensive General Liability with minimum limits of One Million Dollars
($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and
Light `& Up LLC
3
73
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Property Damage Liability. Coverage must be offered in a form no more restrictive than
the latest edition of the Comprehensive General Liability policy, without restrictive
endorsements, as filed by the Insurance Services Office, and shall specifically include the
following with minimum limits not less than those required for Bodily Injury Liability and
Property Damage Liability;
❑ Premises and Operation;
❑ Independent Contractors;
❑ Products and/or Completed Operations Hazard;
❑ Broad Form Property Damage;
• Broad Form Contractual Coverage applicable to this specific Contract,
including any hold harmless and/or indemnification agreement.
■ Personal Injury Coverage with Employee and Contractual Exclusions
removed, with minimunn limits of coverage equal to those required for
Bodily Injury Liability and Property Damage Liability.
❑ Business Automobile Liability
Business Automobile Liability with minimum limits of Five Million Dollars
($S,000,000.00) per occurrence combined single limit for Bodily Injury Liability and
Property Damage Liability. Coverage must be afforded on a form no more restrictive than
the latest edition of the Business Automobile Liability policy, without restrictive
endorsements, as filed by the Insurance Services Office, and must include:
0 Owned Vehicles;
❑ Hired and Non -Owned Vehicles;
❑ Employers' Non -City ship.
Before starting the Services, the Contractor will file and make sure that all certificates of
insurance required by this document and by the Contract are in the City's possession. These
certificates shall contain a provision that the coverage afforded under the policies will not
be canceled or materially changed until at least thirty (30) days prior written notice has
been given to the City by certified mail. The City shall be named as an additional
Insured on the alcove -referenced policies.
❑ Worker's Compensation Insurance
Worker's Compensation Insurance for statutory obligations imposed by Worker's
Compensation or Occupational Disease Laws, including, where applicable, the United
States Longshoremen's and Harbor Worker's Act, the Federal Employers' Liability Act and
the Homes Act. Employer's Liability Insurance shall be provided with a minimum of One
responsible for the employment, conduct and control of its employMillion and 00/100 dollars ($1,000,000.00) per accident. Contractor agrees to be
sustained by such employees in the course of their employment, ees and for any injury
Insurance required of the Contractor shall be primary to, and not contribute with, any insurance
or self-insurance maintained by the City. Such insurance shall not diminish Contractor's
indemnification and obligations hereunder. The insurance policy shall be issued by companies
authorized to do business under the laws of the State of Florida and acceptable to the City with
a minimum A.M. Best rating of A Excellent. Before any work under this Agreement is
performed, and at any time upon request, Contractor shall furnish to the City certificates of
U&ht'Br Up LLC
4
74
CRY of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
insurance evidencing the minimum required coverage and shall be appropriately endorsed for
contractual liability, with the City named as additional insured. All policies shall contain a
waiver of subrogation endorsement. All policies and certificates shall be in forms and issued
by insurance companies acceptable to the City Manager or his designee. All insurance policies
and certificates of insurance shall provide that the policies may not be canceled or altered
without thirty (30) days prior written notice to the City. Contractor shall also require and
ensure that each of its sub -Contractors providing services hereunder (if any) procures and
maintains, until the completion of the services, insurance of the types and to the limits specified
herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS
SECTION MUST BE APPROVED IN WRITING BY THE CITY.
7. OWNERSHIP OF DOCUMENTS. All documents prepared by the Contractor pursuant
to this Agreement and related Services to chis Agreement are intended and represented for the
ownership of the City only. Any other use by Contractor or other parties shall be approved in
writing by the City. If requested, Contractor shall deliver the documents to the City within fifteen
(15) calendar days.
8.RMIN ON AND REMEDIES FOR BREACH.
A. If, through any cause within reasonable control, the Contractor shall fail to fulfill in
a timely manner or otherwise violate any of the covenants, agreements or
stipulations material to this Agreement, the City shall have the right to terminate the
Services then remaining to be performed. Prior to the exercise of its option to
terminate for cause, the City shall notify the Contractor of its violation of the
particular terms of the Agreement and grant Contractor ten. (10) days to cure such
default. If the default remains uncured after ten (10) days the City may terminate
this Agreement, and the City shall receive a refitnd from the Contractor in an amount
equal to the actual cost of a third party to cure such failure. If Contractor fails,
refuses. or is unable to perform any term of this Agreement, City shall pay for
services rendered as of the date of termination.
(i.) In the event of termination, all finished and unfinished documents, data and
other work product prepared by Contractor shall be delivered to the City and
the City shall coinnpensate the Contractor for all Services satisfactorily
performed prior to the date of termination.
(ii.) Notwithstanding the foregoing, the Contractor shall not be relieved of liability
to the. City for damages sustained by it by virtue of a breach of the Agreement
by Contractor and the City may reasonably withhold payment to Contractor for
the purposes of set-off until such time as the exact amount of damages due the
City from the Contractor is determined.
B. Termination for Convenience of Cid The City may, for its convenience and without
cause terminate the Services then retraining to be performed at any time by giving
Contractor ten (10) days written notice. The terms of Paragraph 8A@ and A(ii)
above shall be applicable hereunder.
L{ght'Br Up LL.0
5
75
City of Sunny Isles Beaeli 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 9.47-0606 phone (305) 949-3113 Fax
C. Termination for Insolvency The City also reserves the right to terminate the
remaining Service& to be performed in the event the Contractor is placed either in
voluntary or involuntary bankruptcy or makes any assignment for the benefit of
creditors.
D. Termination for failure to adhere to the Public Records Law. Failure of the
Contractor to adhere to the requirements of Chapter 119 of the Florida Statutes and
Section 14 below, may result in immediate termination of this agreement.
9. CONFIDENTIAL, INFORMATION. The Contractor shall not, either during the term of
this Agreement or any time for a period of ten (10) years subsequent to that date upon which the
Contractor shall leave the employment of the City for any reason whatsoever, disclose to any
person or entity, other than in the discharge of the duties of the Contractor under this Agreement,
any information which the City designates in writing as "confidential." Asa violation by the
Contractor of the provisions of this Section could cause irreparable injury to the City and there is
no adequate remedy at law for such violation, the City shall have the right, in addition to any other
remedies available to it at law or in equity, to enjoin the Contractor from violating such provisions.
10, JURISDICTION. VENUE AND WAIVER OF JURY TRIAL This Agreement shall
be interpreted and construed in accordance with and governed by the laws of the State. of Florida.
All parties agree and accept that jurisdiction of any dispute or controversy arising out of this
Agreement, and any action Involving. the enforcement or interpretation of any rights hereunder
shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County,
Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state
courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or
other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to
enforce any term or provision under this Agreement and the City is the prevailing party then the
City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY
ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY
WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to
serve as a waiver of sovereign immunity; or of any other immunity, defense, or privilege enjoyed
by the City pursuant to Section 768.28, Florida Statutes.
11. NOT_ ICES. All notices and other communications required or permitted to be given
under this Agreement by either party to the other shall be in writing and shall be sent (except as
otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return
receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service,
or (iii) by facsimile with confirmation receipt (with a. copy simultaneously sent by certified or
registered mail, .first class postage prepaid, return receipt requested or by overnight delivery by
traditionally recognized courier service), addressed to such party as follows:
Light `Er Up LLC
6
76
Ciry of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
If to the City: Christopher . Russo
With a copy to:
City Manager
Edward Dion, Esq.
City of Sunny Isles Beach
City Attorney
18070 Collins Avenue
City of Sunny Isles Beach
Fourth Floor
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
Fourth Floor
Tel: (305) 792-1776
Sunny Isles Beach, Florida 33160
If to theNicholasCaine
Tel: 305 792-1766
Contractor: Founder & CEO
8200 NW 93rd Street Suite 1
Doral FL 33166
786- 281- 0022 (Cell)
305-907-7171(Office)
Niek li Meru mia.com
14. PUBLIC UC0gpS. The Contractor shall be required to comply with the following
requirements under Florida's Public Records
Law:
(i.) Contracto
service. r shall keep and maintain public records required by the City to perform the
01.) Upon request from. the City, Contractor shall provide the City with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a cost
that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided
by law.
(iii.) Contractor shall ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as authorized by law for the .
duration of the contract term and following completion of the contract if the Contractor does not
transfer the records to the City.
(iv.) Contractor shall, upon completion of the contract, transfer, at no cost, to the City all
public records in possession of the Contractor or keep and maintain public records required by the
City to perform the service. If the Contractor transfers all public records to the City upon
completion of the contract, the Contractor shall destroy any duplicate public records that are'
exempt or confidential and exempt from public records disclosure requirements. If the Contractor
keeps and maintains public records upon completion of the contract, the Contractor shall meet all
applicable requirements for retaining public records. All records stored electronically must be
provided by Contractor to the City, upon request from the City, in a format that is compatible with
the information technology systems of the City.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 1191 FLORIDA, STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT[', CONTACT THE CITY'S CUSTODIAN OF PUBLIC
RECORDS AT (305) 792-1703, CityClerk@sibfl.net,18070 Collins Avenue, 4"
Floor, Sunny Isles Beach, Florida 33160.
Liglit `Er Up LLC
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City ofSunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
15. AUDIT, The Contractor shall make available to the City or its representative all required
financial records associated with the Agreement for a period of three (3) years.
16. NON-DISCRMUNATION. The Contractor agrees to comply with all local and state
civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of
the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development
Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with
Executive Order 1124$ as amended by fixecutive Orders 11375 and I2086. The Contractor will
not discriminate against any employee or applicant for employment because of race, color, creed,
religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or
status with regard to public assistance.
The Contractor will take affirmative action to insure that all employment practices are free from
such discrimination. Such employment practices include but are not limited to the following:
hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination,
rates of pay or other forms of compensation, and selection for training, including apprenticeship.
The Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the City setting forth the provisions of this non-
discrimination clause. The Contractor agrees to comply with any Federal regulations issued
pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which
prohibits discrimination against the handicapped in any Federally assisted program.
17. CONFLICT OF INTEREST The Contractor agrees to adhere to and be governed by
the Miami -Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by the
City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if
fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor
covenants that it presently has no interest and shall not acquire any interest, directly or indirectly
which should conflict in any manner or degree with the performance of Services under this
Agreement. The Contractor further covenants that in the performance of this Agreement, no
person having any such interest shall knowingly be employed by the Contractor. The Contractor
guarantees that he/she has not offered or given to any member of, delegate to the Congress of the
United States, any or part of this contract or to any benefit arising therefrom.
18. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted
by law, the Contractor agrees to indemnify and hold -harmless the City, its agents, representatives,
officers, directors, officials and employees from any claims, liabilities, damages, losses and costs,
including, but not limited to, reasonable attorney lees to the extent cause, in whole or in part, by
the professional negligence, error or omission of the Contractor or persons employed or utilized
by the Contractor in performance of Services under this Agreement.
Contractor shall at all times hereafter indemnify, hold harmless and, at the City's option, defend
or pay for an attorney selected by the City to defend City, its agents, representatives, officers,
directors, officials and employees from and against any and all causes of action, demands, claiins,
losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses,
caused or alleged to be caused by the intentional or negligent act of, or omission of Contractor,
including those of their employees, agents, servants, or officers, or accruing, resulting from, or
directly related to the subject matter of this Agreement including, without limitation, any and all
Light Tr Up LLC
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City Of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever
resulting from injuries or damages sustained by any person or property. In the event any lawsuit
or other proceeding is brought against City by reason of any such claim, cause of action or demand,
Contractor shaU, upon written notice from City, resist and defend such lawsuit or proceeding by
counsel satisfactory to City.
The provisions and obligations of this section shall survive the expiration or earlier termination of
this Agreement. To the extent considered necessary by City, any sum due Contractor under this
Agreement may be retained by City until all of City's claims for indemnification pursuant to this
Agreement have been settled or otherwise resolved; and any amount.withheld shall not be subject
to payment of interest by City. The parties agree that One Hundred Dollars ($100.00) represents
specific consideration to the Contractor for the indemnification set forth in this Agreement.
19. COMPLLANCE WITH LAW Contractor shall comply with all laws, regulations and
ordinances of any federal, state, -or local governmental authority having jurisdiction with respect
to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits,
licenses, approvals and consents necessary for the lawful conduct of the activities contemplated
under this Agreement.
20. WARRANTY. Broken, damaged or inoperable equipment, holiday lights or decor that
are in poor condition will not be accepted by the City. Replacement equipment, holiday lights or
decor must be replaced by the Contractor with the same, or similar type and size of, equipment,
holiday lights or decor, as specified in the Contract Documents, within eight (8) hours of written
notice by the City.
21. LIQUIDATED DAMAGES Upon failure of the Contractor to adhere to the provisions
ofthe Agreement or to fail with respect to any of its duties provided for herein (an "Offense"), the
Contractor shall pay the sums below to the City for each calendar day that an incident or condition
continues unresolved. These amounts are not penalties but are liquidated damages payable by
Contractor to City for the failure to provide the agreed upon level of service and the cost for the
City to remedy the condition. City is authorized to deduct the liquidated damages from monies due
to Contractor for the Work under this Contract, In case the liquidated damage amount due to City
by Contractor exceeds monies due Contractor from City, Contractor shall be liable and shall
immediately upon demand by City pay to City the amount of said excess.
For a first Offense, and upon written notice by the City of said deficiency, the Contractor shall
correct the issue within eight (8) hours of receipt of notice.
For a second Offense, and upon written notice by the City of said deficiency, the Contractor shall
correct the issue within eight (8) hours of receipt of notice. The offense will be documented in
writing and the Contractor's representative shall meet with the City to discuss the current and
Past Offenses. At the time of the meeting the Contractor will be required to present a written
corrective action plan to address the City's concerns and how Contractor plans to correct the
deficiencies within forty-eight (48) hours of the meeting.
The third Offense for the same deficiency shall result in liquidated damages of $200.00 for each
deficiency that is not resolved within eight (8) hours.
Light -FX Up LLC
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City ofSanny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
22. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall
supersede and take priority over any inconsistent or conflicting provisions that are contained in
any other document, including but not limited to Attachment "A", "B" and "C".
23. PRORIBITION AGAINST CONTRACTING WITH SCRUT ZED
COMPANIES. Pursuant to Florida Statutes Section 217.4725, contracting with any entity that is
listed on the Scrutinized Companies that Boycott Israel List or that is engaged in'the boycott of
Israel is prohibited. Consultants must certify that the company is not participating in a boycott of
Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be
terminated at the City's option if it is discovered that the entity submitted false documents of
certification, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in
business operations in Cuba or Syria after July 1, 2018.
Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if
the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the
boycott of Israel. Consultants must submit the certification that is attached to this agreement as
Attachment "B". Submitting a false certification shall be deemed a material breach of contract.
The City shall provide notice, in writing, to the Consultant of the City's determination concerning
the false certification. The Consultant shall have ninety (90) days following receipt of the notice
to respond in writing and demonstrate that the determination was in error. If the Consultant does
not demonstrate that the City's determination of false certification was made in error, then the City
shall have the right to terminate the contract and seek civil remedies Pursuant, to Florida Statute
Section 215.4725,
24. E-VE� RIFy Florida Statute 448.095 directs all public employers, including municipal
governments, to verify the employment eligibility of all new public employees through the U.S.
empl
Department of Homeland Security's E -Verify System, and further provides that a public,oyer
may not enter into a contract unless each party to the contract registers with and uses the E -Verify
system. Florida Statute 448.095 further provides that if a Consultant enters into a contract with a
subcontractor, the subcontractor must provide the Consultant with an affidavit stating that the
subcontractor does not employ, contract with, or subcontract with an unauthorized alien.
In accordance with Florida Statute 448.095, Consultant is required to verify employee eligibility
using the E -Verify system for all existing and new employees hired by Consultant during the
contract term. Further, Consultant must also require and maintain the statutorily required affidavit
of its subcontractors. It is the responsibility of Consultant to ensure compliance with E -Verify
requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website
(httPs://www.e-verify-gov/employers/enrolling-in-e-verify) and follow the instructions. The
Consultant must retain the 1-9 Forms for inspection, and provide the attached E -Verify Affidavit,
attached hereto as Attachment "C".
25. MISCELLANEOUS.
A. In the event any provision of this Agreement is found to be void and unenforceable
by a court of competentiurisdiction, the remaining provisions of this Agreement shall nevertheless
be binding upon the parties with the same effect as though the void or unenforceable provisions
had been severed and deleted.
Light Tr Up LLC
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CRY ofSunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
B. This Agreement maybe executed in multiple identical counterparts, each of which
shall be deemed an original for all purposes.
C. This Agreement shall constitute the entire agreement between the parties with
respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral
and written negotiations, commitments, agreements and understandings relating hereto.
D. Any modification of this Agreement shall be effective only if in writing and signed
by the parties to this Agreement.
E. No waiver of any provision of this Agreement shall be valid or enforceable sonless
such waiver is in writing and signed by the party granting such waiver.
IN WITNESS WHEREOF, the patties hereto have. executed this Agreement in triplicate
on the day and year first written above.
Signatures on Next Page
Llaht'Br Up LLC
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City of Sunny isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
WITNESS:
— %S
Signature
Ir►olc�,s g�lb�
Fr[trt Name
LIGHT `ER UP LLC
Nicholas W. Caine
AicioBeta
CITY OF S ISLES BEACH
BY:
, CMC Cl Clerk Scholl, Mayor
APPROVED AS TO FORM
AND LEGAL CIENCY
BY:. BY:
Department Head � E ward . Dion, City Attorney
Light `Er Up LLC
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment B
'-'O"" "" `-'y + u 17111V11U111Gl11
Page 4 of 4
Cu/�,� �'`
stom De
5
11 Foot Blue Ggstam Present With Happy 4,250.00
21,250.00
Chanukah from sunny isles Beach Logo to be
placed nextto menorah
' Gateway ( Menorah is on contract)
Heritage:( Menorah is on Contract)
` Town CenterparK
` Samson Park`
` Inter-coastal. Park..
6 Foot Stalniess Menorah 3
2,250.00
6 Foot Stainless Menorahs Ta be placed
6,750.00
` Samson Park'
' Town Center Park
` Intercoastal :Park
packages:MAINTENANCE 1
0.00
2,17 Customer Service and 24 hour tum around
0.00
on all repairs
Weekly routine checks to ensure all lights are in
working order are included.
Customer is responsible for providing 115 VAC
power outlets within 25 feet of lighting area and .
or lighted decor
Reasonable hardware and power cards up to 25
feet in length are Included
Light Er Up Is not responsible for outages due to
ground fault interrupters ( GFI) or insufficient
electrical requirments _
......................
............... ......
$28,,000.00
r
Or sWi '�y9
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
VIA: Stan Morris, City Manager
FROM: Gayle Vasile, Director of Cultural & Community Services
DATE: August 17, 2023
RE: Approval of a Third Amendment with Light Er Up Miami for Holida,
Decorations
RECOMMENDATION:
Resolution No. 2021-3218 awarded Request for Proposal No. 21-03-01 to Light 'Er Up Miami, LLC, an,
approved an Agreement with them for an amount not to exceed $407,000 for 3 years. The initial year
contract was for $157,000 with 2 subsequent years of $125,000 each. Due to a last-minute add-on for
year two, the city incurred an additional charge of $31,444.55, resulting in a total cost for year two of
$ $156,444.55.
In addition to the changes made in year two, which included a menorah at Gateway Park and Heritage
Park, additional monument lighting, and a large interactive feature for Gateway Park, Light Er Up
Miami has proposed adding additional menorahs with blue lighting at Town Center Park, Samson Park,
and Intercoastal Park. The additional decor would increase year three total by $28,000 for a total of
$133,000.
This amendment will increase the total contract cost to a total of $469,194.55.
ADDITIONAL INFORMATION:
All other contract terms and conditions will remain the same.
FUNDING SOURCE:
Funding will be appropriated in the FY 23-24 budgeted from 001-6-5730-431000-60850.
ATTACHMENTS:
Resolution
Item Number: 10.1)
95