HomeMy WebLinkAboutReso 2024-3675RESOLUTION NO. 2024- S_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A FOURTH AMENDMENT TO THE AGREEMENT WITH
LIGHT ER UP LLC, TO INSTALL HOLIDAY LIGHTS AND DECORATIONS AT VARIOUS
LOCATIONS THROUGHOUT THE CITY, IN AN AMOUNT NOT TO EXCEED ONE
HUNDRED SIXTY NINE THOUSAND EIGHTY DOLLARS AND NO CENTS
($169,080.00), 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 the Vendor for additional Decorations for the 2022 Holiday Seasons in
an amount not to exceed $31,444.55; and
WHEREAS, on August 17, 2023 via Resolution 2023-3530, the City Commission approved
a Third Amendment to the Agreement with the Vendor for additional Decorations for the 2023
Holiday Seasons in an amount not to exceed $28,000.00; and
WHEREAS, the City being satisfied with the services of the Vendor wishes to exercise its
first of two (2) renewal options; and
WHEREAS, the City Commission wishes to approve a Fourth Amendment to the
Agreement with the Vendor to install holiday lights and decorations at various locations
throughout the City, in an amount not to exceed One Hundred Sixty -Nine Thousand Eighty
Dollars and No Cents ($169,080.00), attached hereto as Exhibit "A," bringing the total contract
amount to Six Hundred Thirty -Eight Thousand Two Hundred Seventy -Four Dollars and Fifty -Five
Cents ($638,274.55);
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
R2024 Light Er Up Mia - 4th Amnd Page 1 of 2
Section 1. Approval of the Fourth Amendment, The City Commission hereby approves a
Fourth Amendment to the Agreement with Light Er Up LLC to install holiday lights and
decorations at various locations throughout the City, in an amount not to exceed One Hundred
Sixty -Nine Thousand Eighty Dollars and No Cents ($169,080.00), attached hereto as Exhibit "A,"
bringing the total contract amount to Six Hundred Thirty -Eight Thousand Two Hundred Seventy -
Four Dollars and Fifty -Five Cents ($638,274.55).
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_
ATTEST:
Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED thi!
Maurici� Betancuq, CMC, City Clerk
Larisa Svechin, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
&4�e
ain E. Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
Moved by ti,AS�Atk-) )IS Seconded by:
Vote:
Mayor Svechin ZY e s) (No)
Vice Mayor Lama ./(Yes) (No)
Commissioner Joseph { 7 (Yes) (No)
Commissioner Stuyvesant ✓ (Yes) (No)
Commissioner Viscarra (Yes) (No)
R2024 Light Er Up Mia - 4th Amnd Page 2 of 2
Sr1,NY ISIF
Z FOURTH AMENDMENT TO THE AGREEMENT BETWEEN
.:
THE CITY OF SUNNY ISLES BEACH AND
LIGHT `ER UP LLC
CONTRACT NO.2021-7668
THIS FOURTH AMENDMENT TO THE AGREEMENT between the CITY OF
SUNNY ISLES BEACH ("City") and LIGHT `ER UP LLC, ("Contractor"), executed this
day of July, 2024, is made apart of the original Agreement between the parties dated August
1, 2021, its First Amendment, dated February 7, 2022, its Second Amendment, dated August 2,
2022, and its Third Amendment, dated August 16, 2023 (collectively "Agreement" and attached
hereto as Attachment "A"), The City and the Contractor hereby agree to amend the Agreement as
follows:
1. OPTION TO RENEW. Effective August 1, 2024, the City hereby elects to exercise its
option to renew the Agreement for one (1) year, as set forth in Section 3 of the original Agreement,
as amended. There is one (1) one (1) year renewal remaining.
2. AMENDMENT TO EXHIBIT "A". Exhibit "A" to the Agreement is hereby replaced with
Attachment "B" to this Fourth Amendment.
3. SERVICES. Section 2 of the Agreement, entitled "Services," is hereby amended as
follows
Contractor agrees to the following specific minimum deliverables for the 2024 Holiday
Season:
A. A walk-thru by the City in August to ensure all power and outlets are fully
functioning, followed by a full report by Contractor in writing of any
deficiencies and a scheduled follow-up walk through of any that were found
to be insufficient, no later than September 15.
B. All lighting shall be installed by Contractor in early October or late
September.
C. All holiday decorations shall be installed by Contractor in early November
and powered on when requested, no later than November 16, 2024,
D. All garland shall be refurbished by Contractor to a new gold and silver
theme.
E. All lighting utilized and installed shall be new to limit any outages and down
times.
F. Contractor shall provide daily maintenance reports once lights are officially
powered on.
LIGHT ER UP - FOURTH AMENDMENT Page 1 of
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
G. The Castle shall be replaced by Contractor with new photo opportunities
in Gateway Park to allow for the market and additional tree wrappings.
H. All poles with City -owned snowflakes shall have matching garland.
I. Contractor shall install holiday decorations on fifteen (15) neighborhood
monument signs.
J. Contractor shall provide tree lighting at the Spot and on Sumzy Isles Blvd.,
where electrical outlets currently exist.
Except as otherwise set forth herein, all other terms and conditions of Section 2 of the Agreement
shall remain in full force and effect.
4. AMENDING COMPENSATION AND PAYMENT SCHEDULE. Section 4 of the
Agreement, entitled "Compensation" is hereby amended to include additional compensation for,
as more particularly described in Attachment "B," in an amount not to exceed One Hundred Sixty -
Nine Thousand Eighty Dollars and No Cents ($169,080.00). Subsection 4(a) of the Agreement,
entitled "Payment Schedule" is also amended a follows:
(a) Contractor agrees to the following milestone payment terms for the 2024 Holiday
Season:
10% payment at parks and rights-of-way tree wrapping, contingent on
satisfactory walk-through inspection by City.
2. 10% payment at pole decorations, contingent on satisfactory walk-through
inspection by City.
3. 10% payment at entrance way decoration, contingent on satisfactory walk-
through inspection by City.
4. 10% payment at parks decoration, followed by satisfactory walk-through
inspection by City.
Lines A through D must be completed by November 3, 2024.
5. 10% payment on December 1, 2024, provided holiday decorations are
functioning satisfactorily.
6. 10% payment on December 15, 2024, provided holiday decorations are
functioning satisfactorily
LIGHT ER UP — POURTH AMENDMENT Page 2 of 7
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
7. 40% payment at take-down of all decorations by Contractor, which must be
completed by end of January 2025.
Except as otherwise set forth herein, all other terms and conditions of Section 4 of the
Agreement shall remain in full force and effect.
5. LIQUIDATED DAMAGES Section 21 of the Agreement entitled "Liquidated Damages"
is hereby amended as follows:
Failure to complete all work and services by November 16, 2024, or a subsequent date
determined as a result of any extensions granted in writing by the City, shall obligate the
Contractor to pay to City, as liquidated damages and not as a penalty, an amount of Two -
Thousand Three Hundred Dollars and No Cents ($2,300.00) for each calendar day of delay
in the completion of all the work and services. However, failure to complete all work and
services by November 23, 2024, or a subsequent date determined as a result of any
extensions granted in writing by the City, shall obligate the Contractor to pay to City, as
liquidated damages and not as a penalty, a lump -sum amount of Sixty -Eight Thousand Five
Hundred Dollars and No Cents ($68,500.00). If any liquidated damages are unpaid by the
Contractor, the City shall be entitled to deduct these unpaid liquidated damages from the
monies due the Contractor.
6. OTIiER 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.
7. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions
contained in this Fourth 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 Fourth Amendment to the
Agreement as of the date referenced above.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
[SIGNATURE PAGE TO FOLLOW]
wvw� n nrvicivumnry 1 Page 3 of 7
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
LIGHT `ER UP LLC
By:
Nicholas W. Caine, CEO
STATE OF FLORIDA:
COUNTY OF MIAMI-DADE:
The foregoing instrument was acknowledged before me by means of iphysical presence or ❑
online notarization, this A day of July, 2024, by Nicholas W. Caine, as CEO of Light Br Up
LLC.
(SEAL)
Personally Known /or Produced Identification �
Type of Identification Produced: DrZive-4- U
•'11xY p�/j'••,•
fir:
Stl:"
SORAYA MARIA GARCIA
�(.
Notary Public • State of Florida
Commission # HH 169712
My Comm. Expires Aug Z5, 2025
Notary Public, State of Florida
(Signature of Notary Public)
(Print, Type, or Stamp
Conunissioned Name of Notary
Public)
[ADDITIONAL SIGNATURE PAGE TO FOLLOW]
LIGHT ER UP — FOURTH AMENDMENT Page 4 o1.7
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
A T7'vorr.
LIGHT ER UP — FOURTH AMENDMENT
CITY OF S Y ISLES BEACH
By:
Larisa Svechin, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
AainBoileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
Page 5 of 7
321
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment f°A"
--•� -- - . i
Page 6 of 7
Ok tiVNN9 ,i<eJ•
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#,=vai; jum ur LLU
CONTRACT N0.2021-7558
This Third Amendment to the Agreement between the CITY F SUNNY ISLES BEACH
("City"} and LIGHT `ER UP LLC, ("Contractor" ), executed this
made a part of the original Agreement between the parties —��-- — day of August, 2023, is
2021-7668, its First Amendnnent, dated twee p dated August 1, 2021, Contract No.
August 2, 2022 (collectively "Agreement" and ached hereto as Attac, 2022, and its hment ` cond A"). City and
the Contractor hereby agree to amend the Agreement as follows: y
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• OTHEItpROVISXONS REM INE , , , CT. 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 ROVISIONS. The terms, statements, requirements, or provisions
contained in this 'Third Amendment shall The
and be given superior- effect and priority over any
conflicting or inconsistent terms, statements, requiremettts 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 FOLLOWI
Light Er Up — Third Amendment
I
Page 1 of 4
City OfSMAY Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
WITNESS:
A
�Iggnature.
(20V ccl—
Print Name
,I --� A.
City Clerk
Light Er UP–Third Arne ment
LIGHT `ER UP LLC
icholas W —Caine, CE0 —�
CITY OF SUl Ny IStES BEACH
In
Larisa Sveic—hin,
"PROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
-Z'in E. Boi eau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
Page 2 of 4
City OfSunrty 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
a)Y 0f too.
This First Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH
("QW) and LIGHT `ER UP LLC, ("Contractor"), executed this
2022 Is made a dart of the original Agreement between the parties decj Augof
ust 1, 202�Cract'No. Z(i21.7b68 the °°A +,)� h
greement attached hereto as Attachment "A", and the City and the
Contractor hereby agree to amend the Agreement as follows:
1. SCOPE OF SE'avr " C, Section 2 of the Agreement is
additional services as more particularly set fhereby amended to add
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 `gig" {or 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 Ag
expiration of the Agreement, the Contractor shall return the Ce Ag decent, the City
within one (1) business day, ity-owned hthereement, or upon
The Contractor shall bear the entire risk of loss, theft, destruty
ction of or damage to the Ci -owned
holiday decor 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
with items acceptable to the City in its sole discretion. City -owned holiday decor
The Contractor shall not be entitled to additional compensation for the aforementioned Additional
Services.
2• OTHER PROViTnivg REMAnv rev�,
modified herein, all terms and eondrtrons .,f>n of the Agreement shall rennxc Except
force at specificallydc
nd
Provisions co
3' CO ''j—ZCT GPBOVi9EQK The terms, statements, requirements, or
ntained inthis Furst Atnendmbnt shall prevail and be giv
over any conflicting to inconsistent en superior effect andpriority
other document or aitaterms, statements, requirements or provisions contained in any
ehmerrt, including but not limited to Attachment "A" and <8,,,
IN WITNESS WHJ' REOF, the parties have executed this First Amendment to the
Agreement as of the date referenced above.
[SIONATURE PAGE TO FOLLOW]
Page 1 of 2
WITNESS:
cjty Clerk
2
LIGHT `ER UP LLC
Nicholij 0
CITY OF SUNNY ISLES BEACH
BY: --
stall Morris, Manager
APPROVED AS TO FORM AND
LEG IC NCY
B A 'C I N Y ---
7Z10 9,Clty Attorney
By:
Edward V -,t,, Attorney
B
This Second Amendment to the Agreement between the CITY OF SUN ISLES
CN ("City") and LIGHT `ER UP LLC, ("Contactor"), executed this rj
20221-7668 (theAgreement")
is made a part of the original Agreement between theParties-d° e day of
1, 0
"A"ontract No, 20T2 ",
as amended, attached hreto as Attachment
, and the City and the contractor hereby agree to amend the Agreement as follows:
l • AIVIENDNG riDMPMAr ION Upon full execution of this Second Amendment,
Section, 46f the original Agreement, titled "Compensation
substituted with the following language " shall be deleted in its entirety and
a.
b.
Page 1 of 3
MA isfaction ofthe Services by tha Contractor m tna re oval and ll
c.
RFP 2— 1— 03-o1,,
reference the contract number s i ~ed 4ereto1
Final Invoice. In order for both arties herein to close their books and
recurs the Contrantnr :%,;11 ,a-... Z.
•� ..ca,ios �nar au services
have been ro eri erformed and all char es and costs have been
invoiced to a Ci Since. this account .1 there on be closed an
other additional charges if not nronerly included on this final invoice_ ArP
wairlPri 1,. N, n
e ent.
2. OTHER PROVISIONS�
all N IN EFFECT. Except as specifically modified herein,
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 PR30 SIOlys. The terms, statements, requirements, or provisions
contained in this Second Amendment shall prevail and be given superior effect and priority over
MY 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]
2
i
69
WITNESS.
LIGIff 'ER UP LLC
3
Nicholas W, Caine, CEO
CITY OF SUNNY ISLES 13EACH
By:
Dana Robin 001dma'n, Mayor
APPROVED AS TO FORINT AND
LEG S * CY
U"
v Edward A. Dian, City Attorney
MS CONTRAM A,L AGREEMENT (hereinafter referred to as the "Agreemene,) is
made In duplicate, this pL day of ��, 2421, by and between the CITY OF SUNNY TSLES
BEACH, Florida, (hereinafter referred to as "City"), and LIGAT °ER iJP LLC, a F1orlda limited
liability company authorized to do !?>tsmess in the State of Florida (hereinafter referred to as
"Contractor") whose Federal I,D. ff is 82- 20$787
REc--S
WHEREAS, the City is in need of a contractor to provide holiday lighting and decorations
at various locations throughdut the City, including parks, rlght-of-ways, and facilities ("Services")
as more particularly described in Request for Proposals No. 21-03-01 "Holiday Lighting and
Decorations", attached hereto as Attachment Ilk, 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
RdVHiu'RE.AS, 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 pour Hundred Seven Thousand Dollars (,$407,000.00) for the initial three (3) year
term.
NOW THEREFORE, in consideration of the promises and the mutual covenants herein
name, the parties agree as follows:
E V[
1
HEM" The Recitals set forth above are hereby incorporated into this Agreement
and made a part hereof for reference,
1. THE CONTR_arT DOCUME_tvmc
--= - The Contract Documents consist of this AgreemenE
the City's Request forProposals No. 21-03-01 a'Iloliday 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, SER CES Contractor agrees to provide services to the City as more particularly set
forth in the Contract Documents, attached hezeto 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 it�rnish 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 afire 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 inform the City via telephone and in writing of any
problems that could cause damage to the City's property, improvements and persons, Contractor
Christmas I)p,signere, tno,
Attachment "A”
71
City of Susrny isles Beurclr18070 Collins Avenud, Sunny Isles Beach, Florida 33160
(305) 947.0606 phone (305) 949-3113 Fax
will require its employees to perform their work a in manner befitting the typ
to be performed, 1n the event that the Contractor faits to complete and scope of work
e the Services pursuant to the
terms of this contract and City must undertake the completion
Contractor agrees to indemnify the City for an costs inourred with respect to the completion of performance of Services,
s,
those Services and any dam
of
Perform the Services. as ages the City may suffer a result of the Contractor's failure to
3 T' ' Subject to the provisions relating to tlhe termination of this Agreement as set
forth hereunder, the term of this Agreement shall begin upon full execution ofthis 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
ontr ctoristo
commonce performance of work from the date of this agreeinent and continue in a diligent manner
a
until completion of the Services. Conttaetor acknowledges that compliance with the
commencement and completion- schedule is the essence of this Agreement, The terms of Secti
18 and 19 entitled "Indemnification and 'waiver of Liability," on
and "Compliance with Law,"
respectively, shall survive termination of this Agreement.
4. 0 1 �S— AT-1QN during tho term of this Agreement, in whatever capacity rendered.,
the City Shall pay Contractor for Services performed under this Agreement in an amount not to
exceed Four Hundred Seven Thousand Dollars ($407,000.00), which amount includes One
Hundred Fifty Seven Thousand Dollars ($157,000.00) aS compensation for the Services in year
one ("Year One Compensation"), One Hundred Twenty Five Thousand Dollars
conttpensation for the Services in year two ("year Two Compensation" ($125,000.00) as
Five Thousand Dollars ($125,000.00) as compensation )' and Ona Hundred Twenty
Year Three
Compensation"), payment to Contractor for all charg charges d tasks under this Agreemein year thm nt nt she 1 be
In accordance with the Contract Documents and the schedule of charges as reflected in Attachment
"A", under the following conditions;
Disbur-- °— dntg• There are no reimbursable expenses associated with this Contract
except for expenses approved by the City Manager.
41men# Sehedu1A 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 (50%) of Year One Compensation. Upon successful
Installation of the Services by the Contraotor2 the City shall pay Contractor Twenty
Five Percent (25%) of Year One
PercCompensation. The remainder Twenty Five
ent (25%) {valance shall be paid by the City following the removal and full
satisfaction of the Services by the Contractor.
For years two and three of the initial term, the pa
Twenty live Percent (23%) ofthat year°S ync�ent schedule shall be as follows: compensation upon on the anniversary of
the execution date afthe Agreement, Fifty (50%) ofthatyear's oortzpensation upon
Successful installation of the Services, and the remaining Twenty Five percent
Light V Up LLC
72
((r
City ofS'usiny, Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 047-0606 phone (305) 949-3.113 Fax
(250%) of that year's compensation following removal and successful completion of
the Services.
The Contractor shall not oharge the City for any lights that become non-functional
during the time ofthe 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 Statytes 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.
EWal Invoice In order for both parties herein to close their books and records, the
Contractor will clearly state "final invo_i�e°� on the Contractor's finalAast billing to
the City, This certifles that all Services have been properly per£ormecl and all
charges and costs have been invoiced to fire City. Since this account will thereupon
be closed, any other additional charges, if not property included on this final
Invoice, are waived by the Contractor.
Contractor shalt 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 ofthe City. Ifthe City disputes any charges on the invoices, it may
make payment of the uncontested amounts and withhold payment on
they are resolved by agreerfrent with Contractothe contested amounts until
r: 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 the it has no obligation oent, lien, or r
Indebtedness that would impair its ability to fulfill the terms of this Agreement.
S• WER! VDE r'n"T'"itACTUR Rt+T.ATrnrveu�ro
independent Contractor and shall be treated as such for all The Contractor is an
contained in this
Agreement or any action of the parties shall be construed to constitute ort tender 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 rese fra
any ei�0401180 incurred by the Contractor. ponsibl
The City shall have no duty to withhold any Federal
income texas 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.
b.
WERMCM 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,
d 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 Tr Ur LLC
73
C* nfSUnry isles Beach 18070 Collins Avenue, Sunny Dias Beach, Florida 331G0
(305) 947-0606 phone (305) 949-3113 F.
Property Damage Liability. Coverage must be offered in a form no "10170 restrictive than
the latest edition of the Comprehensive General LIabiiity 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;
❑ Premisos,and Operation;
❑ independent Coii;traetors;
❑ 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 Iiajucy Coverage with Employae and Contractual Exclusions
removed, with minimunn limits of coverage equal to those required for
Bb'Uy Injury Liability and Property Damage Liability.
❑ Business Automobile Liability
Business Automobile Liability with minimum limits of Five Million Dollars
($5,0001000.00) per occurrence combined single limit fol Bodily Injury Liability and
the l
Property t arida Liability. Coverage must be afforded on a form no more restrictive than
the latent edition ed the $usinass Automobile 'Liability policy, without restrictive
endorsements, as flied s; the Insurance Services Office, and must include;
Owned Vehicles;
13 Hired and Non -Owned Vehioles;
❑ Employers' Non -City ship.
Before starting the Services, the Contractor will file and make sure that all certificates of
Insurance required CoAt this
certificatess shall cdocument and by the Contract are in the City's possession. These
shall 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 cet¢ified mail. The City shall be named ag an additional
Insured on the above -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' Liabillty Act and
the Homes Act, Employer's Liability insurance shall be provided with a minimum of One
Million and O0/100 dollars ($1,000,000.00) per accident. Contractor agrees to be
responsible for the employment, conduct and control of Its employ®es and for any injury
sustained by such employees in the course of their employment.
Insurance required of the Contractor shall be primary to, and not contribute with, any insurance
or Self-insurance maintained by the City, Such in
indemnificationsinance sHall not diminish Contractor's
ond obligations hereunder: The insurance policy shall be issued by companies
authorized to do business under the
X Best rating of. A Excellent.
laws of the State of Florida and acceptable to the City with
a minimum ABefaro any work under this Agreement is
Performed, and at any time upon request, Contractor shall furnish to the City certificates of
Uahow up LLC
74
City o,7'Sunny Isles .Beach 18070 Collins Avenue, Sienny Isles Beach, Florida 33160
(305) 941-0606 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. Ali policies shall contain a
waiver a cetbrogation endorsement. All poligles and eerfflostps shall be In forms and issued
by insurance companies acceptable to the City Manager orhis designee. All insurance policies
and certificates of insurance shall pravide 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 ofthe services, insurance ofthe types and to the limits specified
herein. ANY EXCEP'ICIONS TO THE, 3NSURANCE REQYJI>(R' WNTS IN THIS
SECTION MUST BE APPROVED IN WRITING BY TM, Offy,
7. OWNERSHIP OFDCt I�
--�.(�Ji S All documents prepared by the Contractor pursuant
to this Agreement and related Services to this 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
(1S) calendar days.
Nt1iNATION AND RTi'Mp'1)i'Ti R urJ�BREACH
A. If, through any cause withiin 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 ltg violation of the
particular terms of the Agreement acid grant Contractor ton. (10) days to cure such
default, If the default remains uncured after ten (10) days the City may terminate
this Agreement, and the City sha lreeeive arefund from the Contractor in an.amount
equal to the actual cost of a third party to ouzo 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.
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 ooMpensate the Contractor for all Services satisfactorily
performed prior to the.date of termination,
(re.) 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 paymerg to Contractor for
the purposes of setoff until such time as the exact amount of damages due the
City from the Contractor is determined,
B. Termination t'or Convenience of C The City may, for its convenience and without
cause teeml i a% the Services then remaining to be performed at any time by giving
Contractor ten (10) days• written notice. The teretes of Paragraph 8A(i) and A(Ii)
above shall be applicable hereunder.
Uyht %Er Up LLC
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75
City ofSunny hsles Beaelt 18070 Collins Avenue, $ynrry Isles 'Beach, Florida 33160
(305) 9.470606 phone (305) 949-3113 Pax
C. Termination for insoivenori The City also reserves the right to terminate the
remaining Services to be performed in the event the Contractor is placed either in
voluntary or involuntary bankruptcy or malces
creditors, any assignment for the benefit of
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 Blotida Statutes and
Section 14 below, may result in Immediate termination of this agreement.
9. CQNI. WENT)(AY_ jNrt 0 fATION? The Cotitractor shall not, either during the term of
this Agreement or arty tune for a period of ten (10) years subsequent to that date upon whish the
Cortractor shall leave the employment of the City for any reason whatsoever, disclose to any
person or entity, Qther than in the discharge of the duties of the Contractor under this Agreement,
BAYinformation which the City designates In writing as "eonAdential." As. a 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 suchprovisions.
10,JURi_ 8MCTION V=i AND W R OF �muY TSL This Agreement shall
be interpreted and construed In actio:dance with and governed by the lawb 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 Miarni Dade County,
Florida, and venue for litigation arlsing 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 provlslon under this Agreement and the City isthe prevailing party then the
City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate lovely. BY
ENTP'RING INTO THIS .AGREEMENT, CONTRACTOR AND CITY HEREBY WRESSLy
WA E ANY RIG HTS EITHER PARTY MAY HAVE TOATRIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TO THIS AGREEWNT. 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 769.28, Florida Statutes.
11. MQT ICS, 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 (ill) 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;
U9bt Tr Up LLC
76
City of Sunoy lwesBeadi 18070 Collins Avenue, Sunny isles Beach, Florida 3316,0
(305) 947-0606 phone (305) 949-3113 Fox
if to the city t Christopher 1. Russo
City Manager
City of Sunny Isles Beach
18070 Collins Avenue
Fourth Floor
Sunny Isles Beach, Florida 33160
Tel: (305) 792-1776
If to the Nicholas Caine
Contractor: Founder & CEO
8200 NW 93rd Street Suite
Doral FL 331.66
786.281 0022 (Cell)
305-907=7171(office)
WItn a copy to:
Edward Dion, Esq.
City Attorney
City of Sunny rales Beach
18070 Collin's Avenue
Fourth Floor
Sunny Isles Beach, Florida 33160
Tel: 305) 792-1766
14. iLIC T .[1RD�
The Contractor shall be required to comply with the following
requirements under Floridawss Public Recordscords Law:
service. (i-) Contractor shall Iceep and maintain public records required by the City to perform the
(11,) Upon request fkozn. the City, Contractor shall provide the City with a copy of d18
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 Dublac records disclosure requirements are not disclosed except as authorised by law for the .
duration he the contract term and following completion of the contract if the Contractor does not
transfer the records to the City.
(lv.) Contractor shall, itpop completion of the contract, transfer, at no cost, to the City aft
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 Contraotor shall destroy any duplicate public records that are'
exempt or confidential od exempt from public records disclosure requirements. If the Contractor
keeps and maintains public records upon: completion of the contract, the Contractor shall meet all
Provided by Contractor to the City, upon toqueapplicable requirements for retaining public records. All records stored electronically must be
from the Clty, in aformat that is compatible with
the information technology systems of the Cityst,
IF THE CONTRACTOR HAS QUESTIONS • REGARDING THE
APPLICATION OFCHAPTER 1191 FLORIDA STATUTES, TO THE
CONT'RACTOR'S DUTY TO PROvEDE PUBLIC ,CORDS) RELATING
TO TIiiS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC
RECORDS AT (305) 792-1703, City.CierkQsilfLuet,18070 Collins Avenue, 4111
Floor, Sunny Isles Beach, Florida 33160.
Light `lir Up LLC
77
City ofSunny Isles Beach 18070: Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949.3113 Fax
15. ATIllI The Contraotor 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-DISC1iiyrtNeTYp, 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 Vill of
the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development
Act of 1974 as amended, Section 50.4 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 11248 as amended by Bxeoutive Orders 11375 and 12086. 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 talcs affirmative action to insure that all employment practices are Free from
such discrimination. d Such employment practices include but are not limited to the following;
hiring, upgrading, demotion, transfer, recruitment or reoruitment advertising, layoff, teation,
rmin
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-
purs ari to on clause. TheSecion5Contractor agrees to Comply with any Federal regulations issued
pursuantto apinpliagee with Section 504 ofthe Rehabilitation Act of 1973 (29 U.S.C. 708), which
prohibits discrimination against the handicapped in any Federally assisted program.
17.C-QIDU CT OF INTE i ST,,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 anymann
er 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. 'I ..MN, 9AMN AND WAi i R nu r r
by law, the Contractor agrees to Indemnify and holF LL4B ss th Ci o the fullest extent permitted
Officers, directors, officials and employees from Bay claims, liabllitles, damages, losses and costs,
Including, but not limited to, reasonable attorney fees to the extant 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, offtclals and employees from and against any and all causes of action, demands, claims,
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 o£, or omssion of Contractor,
i
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'* Up LLC
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78
City VSaKny fTslesBeads 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 shall, upon written notice from Clty, resist and defend such l
counsel satisfactory to City. awsuit or proceeding by
The provisions and obligations of this sooti
this Agreement. To the extent considered on shall survive the expiration or earlier termination of
necessary by City, any sum due Contractor under this
Agreement may by retained by City until all of City's claims for indenmiAeation 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, CO L AN('[i, LAVV Contractor shall comply with all laws, regulations and
ordinances of any federal, state,•or 16081 governmental authority having Jurlsdiction 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. WAggALX—JRroken, damaged or inoperable
ts or d6cor that
are in poor condition will not be accepted by the City. Replacement me t equ pmenmen� holiday t,holiday fights or
d6cor must be replaced by the Contractor with the same, or similar type and size of, equipment,
holiday lights or ddcor, as specified in the Contract Documents, within eight (8) hours of written
notice by the City,
21. LMUIDATM. DAMAGIGts Upon failure of the Contractor to adhore to the provisions
ofthe Agreement or to fail with respect to any of its duties provided for herein (an "offense, ), the
Contractor shah 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 Etat 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 shalt be liable and shalt
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
writing and the Conreceipt of notice. The offense will be documented In
tractor'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.
Ught'Qr up LLC
79
Clay 6011111ty isles Reach 18.070 Collins Avenue, Sunny isles Beach, Florida 33160
(305) 947-0606 phone (305) 9493113 Fax
22. CO i ,IC pRp Vi�innr�, 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.Ft1;OMB i0
AIlg
-�� �l AGST rnnr�rn..�,. Tg UT En
Cari'll'_AEs Pursuant to Florida Statutes Section 217.4725, contracting with any entity that is
listed on thv 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 ($1,000,000) or more shall be
terminated at the City's option if it is discovered that the entity submitted false dooumeats of
certification, is listed on the Scrutinized Companies with Activities in Sudan List, the in
Companies with Activities in the Iran petroleum Energy See ti
List, or has been engaged in
business operations in Cuba or Syria after July 1, 2018.
Any contract entered into or renewed after July 1, 2018 shall be terminated at the Clty's option if
the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the
boycott of Israel. Consultants must submit the certification that is attached to this agreement as
Attachment 'IB,,. Submitting a false certification shall be deemed a material breach of contract.
The City shall provide notice, in writing;, to the Consultant of the City's determination concerning
the false certification, The Consultant shall have ninety (90) days following receipt of the notice
to respond in writing and demonstrate that the determination was in error. If the Consultant do
not demonstrate that the City's determinaties
on of false certification was made in error, then the City
shall have the right to terminate the contract and seek civil remedies pursuant fie Florida Statute
Section 215.4725.
24• g:yBFlorida Statute 448.095 directs all public employers, Includidg municipal
governments, to verify the employment eligibility of all neve public employees through the U.S.
Department of Homeland Security's &Verify System,, and further provides that a public employer
may not enter into a contract unless each party to the contract registers with and uses the F, -Verify
system. Florida Statute 44$.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 now 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-Verigy website
(httpsr//www,e verify,gov/employers/enrolling-in-e-verify) and follow the instructions. The
Consultant must retain the 1-9 Fortes for Inspection, and provide the attached L -Verify Affidavit,
attached hereto as Attachment " C".
25. WSCI11ANEOU
A. In the event any provision of this Agreement is found to be void and unenforceable
by a court of competent jurisdiction,
be binding upon ththe remaining provisions of this Agreement shall nevertheless
had been severed and deleted. e patties with the same effect as though the void or unenforceable provisions
Lighl'Dr Up LLC
10
$0
art' of Nanny Isles Beech 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone
(3o5) 9 49-311 3 Fax
B. This Agreement may be executed in multiple Identical counterparts, each of whic
shall be deemed an original for all ptuposes. h
C. This Agreement shall constitute the entire agreement batween the parties with
respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral
and written negotiations, commitments, agreements and understandings relating hereto.
D. Any modification of this Agreement shall be effective only if in writing and signed
by the parties to this Agreement.
E. No waiver of any provision of this Agreement shall be valid or enforceable twiess
such waiver is in writing and signed by the party granting such waiver.
M W'TNESS WHEREOF, the patties hereto have. executed this Agreement in triplicate
on the day and year fust written above.
Ughe'Er up i.LC
Signatures on Next Page
81
CRY ofSannytslesijeach
1907.0 Collins Avenue, Sunny isles Beach, Florida 33160
. ..... (30$.) 947-0606 phone (305) 949-3113 Fax
WUNUS:
Slgnatux;g�
p
0
Print Name
m
Department -Head
Light `& Up LLC
LIGHT 'DR Tip LLC
Nicholas W- Caine
cffy or S ISLES BEACH
lerlc ,'l G"-Orgc- Scholl, Mayor
APPROVED AS TO FORM
AND LEGAL CIENCY
C
BY:
�_ E ward -Dion, City, Attgrnay
82
City of Sunny Isles Beach 18070 Collins Avenue, Sul -my Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment `B"
LIGHT ER UP — FOURTH AMENDMENT Page 7 of 7
Light Er Up
8200 NW 93rd St
Medley, FL 33166
3059077171
accounting@lighterupmia.com
Estimate # 2294
ADDRESS
City of Sunny Isles Beach
18070 Collins Avenue DATE •
Sunny Isles Beach, Florida 06/19/2024
33160 USA
ACTIVITY
PACKAGE PRICE
2024 Holiday Season Lease Package
Contract #2021-7668
packages:MAI NTENANCE
24/7 Customer Service and 24 hour turn around
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 cords up to 25
feet in length are included
Light Er Up is not responsible for outages due to
ground fault interrupters ( GPI) or insufficient
electrical requirments
QTY RATE AMOUNT
1 137,000.00 137,000.00
1 0.00 0.00
Subtotal: 137,000.00
Custom Decor 6 195.00 1,170.00
Wrapping of 6 Coconut Palms in commercial
Grade warm white LED lighting and add an Aqua
color Band
LOCATION:Oceania Park
Subtotal: 1,170.00
LIGHTING:PALM TREE WRAPPING 8 195.00 1,560.00
Wrapping of 8 Coco Palm trees in commercial
Grade warm white LED lighting and add an Aqua
color Band
LOCATION: 163rd Exit Median
Subtotal: 1,560.00
ACTIVITY
QTY
LIGHTING:PALM TREE WRAPPING 56
Wrapping of 56 Date Palm trees in commercial
Grade warm white LED lighting and add an Aqua
color Band
LOCATION: 163rd Street Entrance
LIGHTING:PALM TREE WRAPPING 2
Wrapping of 2 Date Palm trees in commercial
Grade wane white LED lighting and add an Aqua
color Band
LOCATION: The Spot
C712" Spacing White Cord w/WW LED 1
Outline the spot in Commercial Grade warm
white LED lighting
LOCATION: The Spot
Custom Decor is
Custom Monument sign topper with LED
twinkling Garland. Each sign will be outlined
with C7 LED Lighting
LOCATION: Monument signs
Contract Payment Terms:
50% of total contract amount is due upon agreement. 25% of remaining
balance upon material arrival at job site. 25% final payment after
completion of project and walk Thru with Client. Deposits are NON -
Refundable.
** Proposals are only valid for 10 days as they are configured to that
months special pricing.
PRICING ABOVE IS BASED ON CURRENT BUNDLED LEASE
PRGRAM, BUNDLED LEASE PRICCE IS FOR 2024 holiday Season
Accepted By
TOTAL
Accepted Date
RATE
275.00
275.00
650.00
850.00
AMOUNT
15,400.00
Subtotal: 15,400.00
550.00
650.00
Subtotal: 1,200.00
12,750.00
$169,080.00
THANK YOU.
PF 5';yA
TO:
VIA:
FROM:
DATE:
RE:
RECOMMENDATION:
Adopt the Resolution.
REASONS:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
Honorable Mayor and City Commissioners
Stan Morris, City Manager
Gayle Vasile, Cultural and Community Services Director
June 20, 2024
Approval of Fourth Amendment with Light 'Er Up Miami, LLC for Holiday
Lights and Decorations
Resolution No. 2021-3218 awarded Request for Proposal No. 21-03-01 to Light'Er Up Miami, LLC.
and approved an Agreement with them for an amount not to exceed $407,000 for 3 years. The initial
year contract was $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 year three, the 2023 holiday season, we amended the contract to include additional
decor, resulting in a total cost of $133,000.
A dispute regarding services for the 2023 holiday season arose between the City and Light "Er Up
Miami, LLC. The City and contractor have fully resolved this issue, and we have closed out the 2023
holiday season. The total cost for year three was $67,191.60.
As we enter the 2024 Holiday Season, Light'Er Up Miami, LLC has proposed the following:
• All decorto be installed and powered no later than November 12, 2024.
• All garland will be refurbished by the contractor to anew gold and silver theme.
• The entrance sign off the William Lehman Causeway will have teal aqua bands. Lighting in the
bushes and lighting in the palm fronds.
• Samson Park will be upgraded to include teal aqua bands and additional lights on 15 trees.
• The castle at Gateway Park will be replaced with new photo opportunities, including two 32 -foot
Item Number: 10.0
313
trees and additional teal aqua banded tree wrappings. The stage will be decorated with snowflakes.
There will also be a 12 -foot menorah.
• Trees on the entrance 174th will be wrapped with lights.
• All poles with City -owned snowflakes will receive matching garland.
Enhanced Christmas trees will be placed inside Pelican Community Park, Gateway Center, Heritage Park,
and the Government Center.
This amendment would result in a total year four cost not to exceed $137,000.
ADDITIONAL INFORMATION:
All other contract terms and conditions will remain the same.
FUNDING SOURCE:
Funding will be appropriated in the FY 24-25 budgeted from 001-6-5730-431000-60850.
ATTACHMENTS:
Resoution
Fourth Amendment
Item Number: 10.0
314