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HomeMy WebLinkAboutReso 2026-4033-ARESOLUTION NO. 2026 - e; —A A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AWARDING REQUEST FOR PROPOSAL NO. 26-04-01 TO, AND APPROVING AN AGREEMENT WITH, ALL SEASONS IMPORTS, D/B/A THE CHRISTMAS PALACE TO INSTALL HOLIDAY LIGHTS AND DECORATIONS AT VARIOUS LOCATIONS THROUGHOUT THE CITY, IN A TOTAL AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY THOUSAND DOLLARS AND NO, CENTS ($250,000.00), 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 April 3, 2026, the City of Sunny Isles Beach (the "City") issued and advertised Request for Proposal No. 26-04-01 (the "RFP") for holiday lighting and decorations (the "Services"), for which nine (9) responses were received; and WHEREAS, upon evaluation, City staff determined that All Seasons Imports, d/b/a The Christmas Palace (the "Vendor") submitted the lowest responsive and responsible proposal; and WHEREAS, the City Commission wishes to approve an Agreement with the Vendor to provide the desired Services, in a total amount not to exceed Two Hundred Fifty Thousand Dollars and No Cents ($250,000.00) which includes a contingency, if necessary, in an amount not to exceed Nine Thousand Six Hundred Seventy -Five Dollars and No Cents ($9,675.00), 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 Agreement. The City Commission hereby approves an Agreement with the Vendor to provide the desired Services, in a total amount not to exceed Two Hundred Fifty Thousand Dollars and No Cents ($250,000.00), which includes a contingency, if necessary, in an amount not to exceed Nine Thousand Six Hundred Seventy -Five Dollars and No Cents ($9,675.00), attached hereto as Exhibit "A". Section 2. Authorization of the Mayor. The Mayor is hereby authorized to execute said Agreement. 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. @BCL@60140828 Page 1 of 2 30 PASSED AND ADOPTED this 181h day Ju e, 2026. Larisa Svechin, Mayor Maurid4 ile'tantur, CIVIC, City Clerk APPROVED AS TO FORM AND LEGA SUFFICIENCY: AI in E. Bo' eau, City Attorney Nabors, Giblin & Nickerson, P.A. Moved by: ltl' Mqo( i'5�eSeconded by: �MAMOILV LC VAA Vote: Mayor Svechin (Yes) (No) Vice Mayor Viscarra (Yes) (No) Commissioner Joseph (Yes) v✓ (No) Commissioner Lama (Yes) (No) Commissioner Stuyvesant (Yes) ✓ (No) @BCL@60140828 Page 2 of 2 31 THIS CONTRACTUAL AGREEMENT (hereinafter "Agreement") is made this I0,;, day o: Jio 2026, by and between the. CITY OF SUNNY ISLES BEACH, Florida, (hereinafter "City"), and ALL SEASONS EMPORTS, INC., d/b/a THE CHRISTMAS PALACE, a Florida corporation, whose Federal Employer Identification (FEI) No. is 20-0072268 (hereinafter "Contractor"). RECITALS. WHEREAS, on April 3, 2026, the City issued a Request for Proposals (RFP) No. 26-04- 01 entitled "Citywide Holiday Lighting & Decorating Services," which is appended hereto as Attachment "A" and incorporated herein by reference and made a part hereof, seeking a contractor to provide holiday lighting and decorations at various locations throughout the City, including parks, rights -of -way, and facilities (hereinafter "Services or "Work"); and WHEREAS, upon evaluation, Contractor was determined to have submitted the lowest responsible and responsive bid; and WHEREAS, Contractor is qualified, willing and able to provide the Services subject to the terms and conditions contained herein; and WHEREAS, the City wishes to enter into this Agreement with Contractor to provide the desired Services, as more particularly described in the Contract Documents, for an amount of Two Hundred Forty Thousand Three Hundred Twenty -Five Dollars and No Cents ($240,325.00), plus Nine Thousand Six Hundred Seventy -Five Dollars and No Cents ($9,675.00), as a contingency amount, if necessary, resulting in a total not -to -exceed amount of Two Hundred Fifty Thousand Dollars and No Cents ($250,000.00); NOW THEREFORE, inconsideration of the promises and the mutual covenants set forth herein; the parties agree as follows: TERMS. 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. THE CONTRACT DO.CUNIENTS. The Contract Documents consist of this Agreement, as well as the terms and conditions of RFP No. 26-04-01 entitled "Citywide Holiday Lighting & Decorating Services" which is specifically incorporated herein as Attachment "A," as well as Contractor's response thereto, which is incorporated herein as Attachment "B" (hereinafter referred to as "Contract Documents"). In the event of any conflict between or among the Contract Documents or any ambiguity or missing specifications or instruction, the following priority is established: A. First, this Agreement Between the City of Sunny Isles Beach and All Seasons Imports, Inc., d/b/a The Christmas Palace — Contract No. 2026-9381. ALL SEASONS IMPORTS, INC; DB/A THE CHRISTMAS PALACE City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax B. Second, the terms and conditions of RFP No. 26-04-01 entitled "Citywide Holiday Lighting & Decorating Services," appended hereto as Attachment "A." C. Third, Contractor's Response to RFP No. 26-04-01, appended hereto as Attachment «B " 3. SERVICES. Contractor shall provide the Services pursuant to the terms and conditions set forth in the Contract Documents, and shall adhere to the following schedule: Design Timeline: A detailed project implementation plan shall be provided to City staff by July 1 of each contract year. Timeline for Installation: A. No later than September 15, 2026. 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. B. No later than October 15, 2026. All street pole decor, right-of-way decor and all tree wrapping, both on street and in parks, shall be installed by Contractor. C. No later than November 2, 2026. All park decor shall be installed by Contractor. D. No later than November 16, 2026. Installation of all contracted items must be completed by November 02, 2026 or prior, upon written approval from the City and powered on when requested E. By January 11 through January 31, 2027. Removal must be completed, prioritizing the restoration of parks to their original pre -holiday condition. 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 inform the City via telephone and in writing of any problems that could cause damage to the City's property, improvements and persons. Contractor 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 Us contract and City must undertake the completion of performance of Services, Contractor agrees to indemnify the 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. 4. TERM. Subject to the provisions relating to the termination of this Agreement asset forth herein, the initial term of this Agreement shall commence upon the execution of this Agreement by all Parties and shall terminate two (2) years thereafter. Prior to the expiration of the initial term, the City shall have the option, at its sole discretion, to renew this Agreement for three (3) additional one-year renewal terms. ALL SEASONS IMPORTS, INC. DB/A THE CHRISTMAS PALACE 2 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax The terms of Section 17, entitled "Indemnification and Waiver of Liability," Section 24, entitled "Compliance with Law," Section 13, entitled "Warranty," and Section 14, entitled "Defective Work," and those specifically provided for in the Contract Documents, shall survive termination of this Agreement. 5. COMPENSATION. During the term of this Agreement, the City shall pay Contractor for Services performed under this Agreement, an amount of Two Hundred Forty Thousand Three Hundred Twenty -Five Dollars and No Cents ($240,325.00), plus Nine Thousand Six Hundred Seventy -Five Dollars and No Cents ($9,675.00), as a contingency amount, if necessary, resulting in a total not -to -exceed amount of Two Hundred Fifty Thousand Dollars and No Cents ($250,000.00). Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with the Contract Documents, under the following conditions: A. Disbursements. There are no reimbursable expenses associated with this contract except for expenses approved by the City Manager. B. Payment Schedule- Contractor agrees to the following milestone payment terms for the 2026 Holiday Season: 1. 25% deposit upon execution of this Agreement by all Parties. 2. 7.5% payment at completion of parks and rights -of -way tree wrapping, and pole decorations, contingent on satisfactory walk-through inspection by City. 3. 7.5% payment at completion of entrance way decorations and parks decorations, contingent on satisfactory walkthrough inspection by City. Lines 1 through 3 must be completed by November 02, 2026. 4. 10% payment on December 1, 2026, provided holiday decorations are functioning satisfactorily. 5. 10% payment on December 15, 2026, provided holiday decorations are functioning satisfactorily. 6. 40% payment at take -down of all decorations by Contractor, which must be completed by January 31, 2027. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. Invoices must reference the contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. The City will pay properly submitted Contractor invoices following each monthly period within 30 (thirty) days of receipt, for completed Services, unless the City notifies the Contractor in writing of the dispute, before the payment is due. C. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. If the City should not appropriate or otherwise make available funds sufficient to purchase the Services procured pursuant to this Agreement, the City ALL SEASONS IMPORTS, INC. DB/A THE CHRISTMAS PALACE 3 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax may unilaterally terminate any and all contractual or other obligations herein without any further liability or penalty upon twenty (20) days' notice to Contractor. D. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly 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 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, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 6. LIOUIDATED DAMAGES. Failure to complete all work and services by November 16, 2026, or a subsequent date determined as a result of any extensions granted in writing by the City, or failure of Contractor to repair or replace any non-functional lights or decorations within 8 hours of notification, shall obligate the Contractor to pay to City, as liquidated damages and not as a penalty, an amount of Three Hundred Dollars and No Cents ($300.00) for each calendar day of delay in the completion of all the work and services, or for each calendar day of delay in the repairs. 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. 7. INDEPENDENT CONTRACTOR RELATIONSHIP. 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. 8. ASSIGNMENTS, TRANSFERS, SUBCONTRACTING. The Contractor shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the City. Should the Contractor subcontract any services under this Agreement, it shall be done with continued liability for the Contractor. The Contractor shall remain responsible for services, responsibilities, and liabilities of any person or entity acting under Contractor. 9. 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 .ALL SEASONS IMPORTS, INC. DB/A THE CHRISTMAS PALACE 4 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax insurance coverage to protect the City and Contractor against all loss, claims, damages, and liabilities caused by Contractor, its agents or employees, as indicated below: A. Commercial General-Liabilily. Contractor agrees to maintain Commercial General Liability at a limit of liability not less than $1,000,000 for each Occurrence, $2,000,000 Aggregate. Contractor agrees its coverage shall not contain any restrictive endorsement(s) excluding or limiting Ongoing Operations, Product/Completed Operations, Independent Contractors, Broad Form Property Damage, X-C-U Coverage, Contractual Liability or Separation of Insureds. General Liability coverage must apply on a Primary and Non -Contributory basis. B. Additional Insured Endorsement. Contractor agrees to endorse the City as an Additional Insured on the Commercial General Liability and Umbrella/Excess Liability with the following, or similar endorsement providing equal or broader Additional Insured coverage: CG 20 10 and CG 20 37 07/04 or 04/13 edition, or its equivalent. Blanket endorsement with "as required by a written contract" language is acceptable. If blanket endorsement is not available, Scheduled Endorsement is required listing "City of Sunny Isles Beach." C. Business Automobile Liability. Contractor agrees to maintain Business Automobile Liability covering vehicles owned by the Contractor and non -owned vehicles used by the Contractor, at a minimum limit not less than $1,000,000 per occurrence providing coverage for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of those motor vehicles along with any other statutorily required automobile coverage. D. Worker's Compensation Insurance. Worker's Compensation Insurance in accordance with Florida Statute, including limits not less than: (1) $1,000,000 each accident for bodily injury; (2) $1,000,000 each employee for bodily injury caused by disease. E. Umbrella or Excess Liability. Contractor agrees to maintain either a Commercial Umbrella or Excess Liability at a limit of liability not less than $1,000,000 Each Occurrence $1,000,000 Aggregate. Umbrella or Excess Policy must be follow -form coverage over the Commercial General Liability, Automobile Liability, and Employers' Liability policies. Excess Liability/Umbrella coverage must apply on a Primary and Non -Contributory basis. Waiver of Subrogation. Contractor agrees by entering into this Agreement to a Waiver of Subrogation. The General Liability, Umbrella/Excess Liability, Auto Liability and Workers Compensation policies must all be endorsed with a Waiver of Transfer of Rights of Recovery Against Others endorsement, or its equivalent. 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 insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual ALL SEASONS IMPORTS, INC. DB/A THE CMUSTMAS PALACE 5 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax liability. 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 Contractors or 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. 10. MOT),.ACCIDENTPREVENTION, AND BARRICADES. A. Maintenance of Traffic shall be in accordance with the current edition of the Florida Department of Transportation, Standard Plans and Specification for Road and Bridge Construction, and the Manual on Uniform Traffic Control Devices (MUTCD), as minimum criteria. No lane closures, other than in case of an emergency, is allowed, during the time periods of 6:00 AM — 9:00 AM and 4:00 PM — 7:00 PM. The Contractor is responsible to perform the work in accordance with FDOT requirements at no additional cost to the City. If a lane -closure is needed in interior streets, approval must be obtained from the city prior to lane - closure. Contractor shall comply with City, State and Federal regulations and - permit requirements for the placement of the proper Traffic Control Devices. B. Barricades, cones, temporary fencing per City regulations, and other relevant requirements, shall be provided by the Contractor when work is performed in areas traversed by persons, vehicular traffic, or when deemed necessary by the City Project Manager(s), at no extra cost to the City. Precautions must be exercised at all times for the protection of persons and property. Where requirements vary or conflict, the more stringent shall apply. Any fines levied by the above -mentioned authorities for failure to comply with these requirements shall be borne solely by the Contractor. 11. SAFETY MEASURES. Contractor shall take all necessary precautions for the safety of pedestrians and shall erect and properly maintain at all times all necessary safeguards for the protection of the employees and the public. Contractor to follow all OSHA Safety Standards. Danger signs warning against hazards created by his/ her operation and work in progress must be posted. The Contractor shall use only equipment that is fully operational and in safe operating order. Contractor shall be especially careful when servicing property when pedestrians and/ or vehicles are in close proximity and work shall cease until it is safe to proceed. 12. BACKGROUND CHECKS. By executing this Agreement, Contractor herein certifies and attests under penalty of perjury that prior to the commencement of any Services or Work, all managers and employees of Contractor, subcontractors, and any hired workers or independent contractors (hereinafter collectively "Personnel"), providing the Services, performing the Work, or having access to any City buildings, facilities, property, and/or parks pursuant to the Agreement have undergone and passed a criminal background check consisting of a Florida Department of Law Enforcement ("FDLE") and Florida Crime Information Center/National Crime Information Center ("FCIC/NCIC") criminal records check. Any Personnel not meeting this requirement will not be permitted to provide any Services, perform any Work, or have access to any City buildings, ALL SEASONS IMPORTS, INC. D/B/A THE CHRISTMAS PALACE 6 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax facilities, property, and/or parks, pursuant to this Agreement. Contractor shall also maintain records of the criminal history checks for all Personnel that provided Services, performed Work, or had access to any City buildings, facilities, property, and/or parks pursuant to this Agreement, for the duration of Term of this Agreement and for one year thereafter and shall make such records available for inspection and verification by City. Contractor acknowledges that it has an ongoing obligation to perform updated background checks on all Personnel, and to advise the City of any material changes. Failure of Contractor to comply with this section shall be cause for termination of the Agreement. 13. WARRANTY. Contractor warrants to the City that all materials and equipment furnished under this Agreement will be new unless otherwise specified and will be of good quality, free from faults and defects and in conformance with the Agreement. All equipment and materials not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by City or its designee, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other provisions within this Agreement. 14. DEFECTIVE WORK. A The City or its designee shall have the authority to reject or disapprove work which is found to be defective. If defective work is found, Contractor shall promptly either correct all defective work or remove such defective work and replace it with non -defective work. Contractor shall bear all direct and indirect costs of such removal or corrections including cost of testing laboratories and personnel. B. Should Contractor fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of this Agreement within the time indicated in writing by the City Manager or its designee, the City shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by the City in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor. In the event of failure of Contractor to make all necessary repairs promptly and fully, which is not cured in the cure period, the City may declare Contractor in default. C. Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate the City to final acceptance. D. Where the City or its designee becomes aware of faults, defects or non -conformity in any of the work provided under this Agreement or with the work being performed by the Contractor, the City or its designee shall issue a Notice to Cure to the Contractor for correction. In no event shall the failure of the City or its designee to bring to the attention of the Contractor of such faults act as a waiver or release the Contractor from responsibility or liability for such fault, defect or non- conforming work. ALL SEASONS IMPORTS, INC, DB/A THE CHRISTMAS PALACE 7 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 15. TERMINATION 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 refund 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. 1. 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 compensate the Contractor for all Services satisfactorily performed prior to the date of termination. 2. 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 City._ The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Contractor ten (10) days written notice. The terms of Paragraph A(1) and A(2) above shall be applicable hereunder. C. Termination for Insolvency. 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 makes any assignment for the benefit of creditors. 16. 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 this Agreement shall terminate 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." 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 such provisions. 17, INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted by law, 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 and its agents, representatives, officers, directors, officials and employees from and against any and all causes of action, demands, ALL SEASONS IMPORTS, INC. DB/A THE CMSTMAS PALACE 8 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 of, or omission of Contractor, including those of their employees, agents, servants, or officers, or accruing, resulting from, or directly related to the sub j ect matter of this Agreement including, without limitation, any and all 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 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. 18. JU.RISDICTION; VENUE -AND WAIVER PE 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 parry 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 parry 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. 19. NOTICES. 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 electronic mail (e-mail) 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: If to the City: Stan Morris With a copy to: City Manager City Attorney City of Sunny Isles Beach City of Sunny Isles Beach 18070 Collins Avenue 18070 Collins Avenue Fourth Floor Fourth Floor Sunny Isles Beach, Florida 33160 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1776 Tel: (305) 792-1766 smorrisasibfl..net I aboileau n nlaw.com ALL SEASONS IMPORTS, INC. DB/A THE CHRISTMAS PALACE 9 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax If to the _ James Knips, President Contractor: 9820 NW 77th Avenue Hialeah Gardens, Florida 33016 Tel: (305) 558-5352 20. PUBLIC_ RECORDS. The Contractor shall be required to comply with the following requirements under Florida's Public Records Law: A. Contractor shall keep and maintain public records required by the City to perform the service. B. 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. C. 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. D. 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 CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 1199 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, 4th Floor, Sunny Isles Beach, Florida 33160. 21. 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. 22. NON-DISCRIMINATION. 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 ALL SEASONS IMPORTS, INC. DB/A THE CWSTMAS PALACE 10 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Executive Order 11248 as amended by Executive 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 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. 23. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by Section 2-11.1, Miami -Dade County Code of Ordinances, as amended, and by Section 33-3, Code of Ordinances of the City of Sunny Isles Beach, as amended, 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. 24. COMPLIANCE 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. 25. 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 Attachments "A" or `B." 25. SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, and subject to limited exceptions contained therein, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services if at the time of bidding, submitting a proposal for, or entering into or renewing a contract, the company is on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel. Contractors 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 company submitted a false certification, or at the time of bidding, submitting a proposal for, or entering into or renewing a contract, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Florida Statute ALL SEASONS IMPORTS, INC. D/B/A THE CHRISTMAS PALACE i 1 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Section 215.473, or is 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. Contractors must submit the certification that is attached to this agreement as Attachment "C." Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Contractor 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 287.135. 27. E-VERIFY. 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. Department of Homeland Security's E-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 E-Verify system. Florida Statute 448.095 further provides that if a Contractor enters into a contract with a subcontractor, the subcontractor must provide the Contractor 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, Contractor is required to verify employee eligibility using the E-Verify system for all existing and new employees hired by Contractor during the contract term. Further, Contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of Contractor 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 Contractor must retain the I-9 Forms for inspection, and provide the attached E-Verify Affidavit, attached hereto as Exhibit "D." 28. HUMAN TRAFFICKING. Pursuant to Section 787.06, Florida Statutes, entitled "Human Trafficking," a governmental entity cannot execute, renew, or extend a contract with a nongovernmental entity that uses coercion for labor or services, as defined in Section 786.06(2), Florida Statutes. Contractor must submit the affidavit that is attached to this Agreement as Attachment "E," signed by an officer or an authorized representative of the Contractor, under penalty of perjury, attesting that Contractor does not use coercion for labor or services as defined in Section 786.06(2), Florida Statutes. Submitting a false certification shall be deemed a material breach of contract. 29. MISCELLANEOUS. A. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, 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. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. ALL SEASONS IMPORTS, INC. DB/A THE CMUSTMAS PALACE 12 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 unless such waiver is in writing and signed by the party granting such waiver. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. STATE OF FLORIDA: COUNTY OF MIAMI-DADE: ALL SEASONS IMPORTS, INC., d/b/a THE CIMSTMAS PALACE By.,Avf -/ tWxnips, President The foregoing instrument was acknowledged before me by means of online notarization, this Z, L day of June 2026 by James Knips,.. Imports, Inc., d/b/a The Christmas Palace. REBECADELATORRE MY COMMISSION # HH 652548 F�oeR EXPIRES: duly 16, 2029 Personally Known , l/. or Produced Identification Type of Identification Produced: presence or 0 of All Seasons No pry Public, Kfat4 of Florida (:. gnatare of Notary Public) ZCZ' ( rini, Type, or Sramp Commissioned Name of Notary Public) [ADDITIONAL SIGNATURE PAGE TO FOLLOW] ALL SEASONS IMPORTS, INC. DB/A THE CMUSTMAS PALACE 13 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 914-3 13 Fax �CIIr IAT'KE' ST:�,' .� BY: 1> a icio Be El Ci le CITY OF " V Mayor BEACH APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: �✓ Alain FCWileau, City Attorney Nabors, Giblin & Nickerson, P.A. ALL SEASONS IMPORTS, INC. DB/A THE CHRISTMAS PALACE 14 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment A ALL SEASONS IMPORTS, INC. 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J 0 0.H L m.C+' a 0 vi �.0 O� �O O•y � ('E_41 03c .ccin �*= o�.Ear-0u m N m C.0 L N .O V 0 0 L c .0 " W 0 •N L..- m O m N_ +-' V m ++ 0 J 7 �o o E3a 0 am m rn a m e o +����Q c �a,c c0:8a0N>� c m m u -ocm +jm 'vh:a1E.cOc ac = OQ: O of O O O C •N j'� V�+'t-+•0 E'�ocvm�Uo +j-0U (D InQ,M E L 0 m O C 0 .0 O ++ O m tn E c C ,C mot.=nam+�°�:9 ,0-oCU r�,aErn�, +� 0 +' V O .c 'a •� L. 0 C L. v 0 E 3 O C �4- 0._ 0 L o 0 m 0 0 M- 0 .0 +j 0 0 C7 a > a O v 2 W c Fa '0 _ = City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment C ALL SEASONS IMPORTS, INC. DB/A THE CMUSTMAS PALACE 17 CONTRACTOR ANTI -BOYCOTT CERTIFICATION [PURSUANT TO FLORIDA STATUTE § 287.1351 lwy� Kolvs „ on behalf of Al`nRlipJ6 - t� k I, Print Name Company Name certifies that hit__sect3on Lwc%4e does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel list; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Terrorism Sectors List; and 5. Has not engaged in business operations in Cuba or Syria. Si e Title Date City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment D ALL SEASONS IMPORTS, INC. D/B/A THE CHRISTMAS PALACE 18 EAMirifv-Aft dwid 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. Department of Homeland Security's E- 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 E-Verify system. Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor 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, all contractors doing business with the City of Sunny Isles Beach are required to verify employee eligibility using the E-Verify system for all existing and new employees hired by the contractor during the contract term. Further, the contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor 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.eov/6mbloydrt/enrolling=in e'-Verify) and follow the instructions. The contractor must, as usual, retain the 1-, Forms for inspection. By affixing your signature below you hereby affirm that you will comply with E-Verify requirements. Ali- '_ iy NariSe, . J� _ _ _ ;may, ► o, .� sin Date Print Name _ Title Federal Employer Identification Number (FEIN) Sworn to and subscribed before me on this this id: day of 2026. By / u3' Is personalty known to me ❑ Has iW' duced ideptiftcation (type of identification produced: - } `•'�"" REBECADELATORRE MY COMMISSION # HH 662548 :;►e.... ,:;° � EXPIRES: July 16, 2029 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment E ALL SEASONS IMPORTS, INC. DB/A THE CHRISTMAS PALACE 19 Affidavit of Compliance with Anti -Human Trafficking Laws City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 The undersigned, on behalf of the entity listed below ("Entity"), hereby attests, under penalty of perjury, as follows: 1. Entity does not use coercion for labor or services as defined in Section 787.06, Florida Statutes. (Source: § 787.06 (13), Florida Statutes — Human Trafficking). 2. The undersigned is authorized to execute this affidavit on behalf of Entity. Date: U14 M, ; 20 . Entity:i'ylCkA 7:: Yn V46.. STATE OF COUNTY OF ..E Signed.,.- -- Name:YJ Title:. -- - The foregoing instrument was acknowledged before me, by a of ©'pftysical presence or ❑ on no !on, this /'( day of 20,d,, by E' s as :{,I_ for who is personally known to me or who has produ as identification.: Notary Public Signatur State of Florida at Large (Seal) M commission expire / CW9 Print Nam .. y p . „-� �YF REBECADELATORRE *• *: W COMMISSION # HH 652648 a; oPt, EXPIRES: duly 16, 2029 P k FLO"' S cFrY aF S,y� r.'�a 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: Genesis Cuevas, Purchasing Director DATE: June 18, 2026 RE: Awarding Request for Proposals No. 26-04-01; Approval of an Agreement with The Christmas Palace for Citywide Holiday Lighting and Decorations RECOMMENDATION: This item is presented for consideration by the City Commission. REASONS: On Friday, April 3, 2026, the City released RFP 26-04-01 titled Citywide Holiday Lighting and Decorations on DemandStar.com, 24 suppliers reregistered as Planholders. The City of Sunny Isles Beach, "City" sought proposals from qualified "Contra-ctors"/ "Proposers" to provide holiday lighting and decorations at various locations throughout the City, including Parks, Rights -of -Way, and Facilities in accordance with the terms, conditions, and specifications contained in this Request for Proposals "RFP". The City invites creative proposals for holiday lighting and decorations that creates a unique and memorable experience for anyone living and visiting Sunny Isles Beach during the holiday season. The Proposer will be responsible for the design, installation, maintenance, removal and storage of all Proposer -provided lights and decorations. The lighting and decoration shall be installed, maintained, stored, and removed during the holiday season between mid -November and early January (the "Holiday Lighting Season"). For the 2026 holiday season, the lighting and decorations shall be installed and ready for lighting no later than November 16, 2026, and complete removal by January 31, 2027. The RFP had the following Minimum Qualification Requirements (MQR): A. The Proposer and/or Sub -contractor &4a4does not need to hold the license in the State of Florida to Item Number: 9.A 27 perform the Scope of Work set forth within this solicitation to include being registered as a Certified Electrical Contractor with the State of Florida along with registration to conduct business in the State of Florida in all required disciplines, as required by the City's requirements based on the proposed electrical work, unless required by the City. B. The Proposer must demonstrate a strong documented track record of providing at least three (3) Commercial Outdoor Holiday Lighting Installation and Maintenance, within the last five (5) years, 2020-2025. C. The Proposer shall provide reference letters for no less than three (3) clients in which the Proposer served as primary contractor for projects similar in size and scope within the last five (5) years, 2020 - 2025. D. The Proposer must submit its most recent audited financial statements to substantiate the financial stability of the Proposer, specifically, two years of its most recent certified business financial statements as of a date not earlier than the end of the Proposer's preceding official tax accounting period, together with a statement in writing, signed by a duly authorized representative, stating that the present financial condition is materially the same as that shown on the balance sheet and income statement submitted, or with an explanation for material change in the financial condition. Review will be made on a Pass or Fail Basis by the city's CPA. Please note, financial statements are exempt from public records request. Firms that do not comply with MQRs were determined non -responsive and disqualified. Prior to, or upon completion, of the initial two (2) year term, the City shall have the option, at its sole discretion, to renew the contract forthree (3) additional one-year terms. On February 18, 2026, the City received nine (9) electronic proposals: Miami Holiday Lights, Miami Christmas Lights, Be the Light Decor, the Christmas Palace, Shadrack Productions, Holiday Outdoor Decor, DBA Happy Glam Party, Artistic Holiday Designs, The Holiday Pros LLC (no document uploaded). Following the review for responsive/responsible, including the review of financial statements, the City hosted a total of four (4) Sunshine Evaluation Committee meeting to review four proposals that passed the RFP's requirements. The four firms were: Holiday Outdoor Decor, Miami Christmas Lights, The Christmas Palace and Miami Holiday Lights. On June 9, 2026, the Committee recommended to the City Manager to negotiate and award a contract to All Season's Imports D/B/A The Christmas Palace. ADDITIONAL INFORMATION: Item Number: 9.A 28 A complete copy of the contract file, including all exhibits and attachments, is on file with the Office of the City Clerk and is available upon request. FUNDING SOURCE: Funds will be appropriated in account 001-6-5730-431000-60850 for fiscal year 2026/2027. ATTACHMENTS: Resolution Agreement - The Christmas Palace Renderings Item Number: 9.A 29