HomeMy WebLinkAboutReso 2005-840
RESOLUTION NO. 2005 -12!1P
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN
AGREEMENT WITH TEMPLE DISPLAY, LTD. TO
INSTALL, STORE AND MAINTAIN STREET HOLIDAY
DECORATIONS FOR THE CITY, IN AN AMOUNT NOT TO
EXCEED TWENTY-THREE THOUSAND SEVEN HUNDRED
NINETY-SIX DOLLARS ($23,796.00) ANNUALLY,
ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING
WAIVER OF COMPETITIVE BIDDING PROCEDURES;
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO EFFECTUATE THE
TERMS OF THE AGREEMENT; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Temple Display, Ltd. is a qualified seasonal decor firm; and
WHEREAS, it's the City Manager's recommendation that it is in the best interest of the City
to waive competitive bidding procedures to obtain goods and services which cannot be acquired
through the normal purchasing process due to insufficient time, the nature of the goods or services,
or other factors; and
WHEREAS, the City wishes to employ Temple Display, Ltd. to install, store and maintain
street holiday decorations for the City in an amount not to exceed Twenty-Three Thousand Seven
Hundred Ninety-Six Dollars ($23,796.00) with the total costs for these services in an amount not to
exceed Ninety-Five Thousand One Hundred Eighty-Four Dollars ($95,184.00); and
WHEREAS, Temple Display, Ltd. is qualified, willing, and able to provide the desired
services on the terms and conditions set forth herein.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The recitals set forth in this resolution are incorporated
herein by reference as if fully set forth herein.
Section 2. Waiver of Competitive Bidding Procedures. The City Commission hereby authorizes
the waiver of competitive bidding procedures to obtain goods and services which cannot be acquired
through the normal purchasing process due to insufficient time, the nature of the goods or services,
or other factors.
R2005- Temple Display LtdTcmple Display, Ltd.
Section 3. Approval of Agreement. The Agreement by and between the City of Sunny Isles
Beach and Temple Display, Ltd., in an amount not to exceed $23,796.00 annually, attached hereto as
Exhibit "A" be, and the same, is hereby approved.
Section 4.
Authorization ofMavor. The Mayor is hereby authorized to execute said Agreement.
Section 5. Authorization of Citv Manager. The City Manager is hereby authorized to do all
things necessary to effectuate the terms of the Agreement.
Section 6.
Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 22nd day of September 2005.
~"A:~
Jane A. Hines, City Clerk
'ATTEST: '
Approved As to Form and
Legal ).If ciency:
Moved by: Cli~ GOOO\lt\M
Seconded by: r-:~ 8R~2_V\J
Vole: 'S-b
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
V' (Yes)
~(Yes)
V (Yes)
~Yes)
V (Yes)
(No)
_(No)
(No)
(No)
_(No)
R2005- Temple Display LtdTemple Display, Ltd. 2
CITY OF SUNNY ISLES BEACH
HOLIDAY DECORATIONS
."., TEMPLE DISPLAY SERVICE AGREEMENT
CONTRACT NO. 05- OQOo.3
(\ THIS SERVICE AGREEMENT is made and entered into this %#) day of
.:>~+e.rnbe.r 2005, by and between the CITY OF SUNNY ISLES BEACH,
FLORIDA, a municipal corporation of the State of Florida, (hereinafter referred as to "City")
and TEMPLE DISPLAY, LTD., an Illinois corporation (hereinafter referred to as
"Contractor").
WHEREAS, the City contacted numerous contractors to install street holiday
decorations throughout the City and found that Contractor was the most responsive and
responsible bidder; and
WHEREAS, Contractor is a qualified seasonal decor firm; and
WHEREAS, the City wishes to employ Contractor to install holiday lights throughout
the City as well as other tasks ("Services") as more specifically described in Exhibit "A,"
attached hereto and made a part hereof; and
WHEREAS, the Contractor is qualified, willing and able to provide the desired Services
on the terms and conditions set forth herein; and
NOW THEREFORE, in consideration of the premises and the mutual covenants herein
named, the pmiies hereto agree as set forth below:
1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement
and made a part of hereof for reference.
2. SERVICES TO BE PERFORMED. Contractor shall perform the following Services:
a) install, store and maintain street holiday decorations for the City
b) complete annual installation of holiday decorations by December I
c) complete removal of holiday decorations between January 10-15 of each year
d) all other Services as provided in Exhibit "A".
The cost of said Services shall be an amount not to exceed $23,796.00 annually. The total costs
for these Services is an amount not to exceed NINETY-FIVE THOUSAND, ONE
HUNDERED EIGHTY-FOUR DOLLARS AND 00/100 DOLLARS ($95,184), payable
quarterly.
3. TERM. Subject to the provisions relating to the termination of this Agreement as set
forth in Paragraph 10 hereunder, this Agreement shall commence upon execution of this
Agreement and shall expire upon the completion of Services rendered in Exhibit "A". Any
SIB
City of SUIlIlY Isles Beach
18070 Collins A venue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
change in fee, terms or conditions shall be accomplished by written amendment to this
Agreement.
4. COMPENSATION. Payment to Contractor for all charges and tasks under this
Agreement shall be in accordance with this Agreement and the schedule of charges reflected in
Exhibit "A", which fee shall be disbursed on a quarterly basis and under the following
conditions:
a. Disbursements. There are no reimbursable expenses associated with this
Agrecment.
b. Pavment Schedule. Invoices received from the Contractor pursuant to this
Agreement will be reviewed by the initiating City Department. 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. Invoices will be paid in accordance with the State of Florida
Prompt Payment Act.
c. A vailabilitv 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. This Agreement is subject to the approval of the City Commission.
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 celiities 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 and 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.
5. UNDISCLOSED CONDITIONS. In the event that undisclosed conditions are
discovered during the performance of this Agreement, the City shall have the right to cancel this
Agreement upon thirty (30) days written notice to Contractor. Upon termination, the City may
Page 2 of 10
Temple Display, Ltd.
Attorney/ Agrccmcnts/jb
9/23/2005
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City of SUIlIlY Isles Beach
18070 Collins A venue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
bid/re-bid the project if the Contractor fails to perform under this Agreement due to the
undisclosed conditions.
6. INDEPENDENT CONTRACTOR RELA TIONSIIIP. 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 pmiies shall be construed to constitute or to render the Contractor
an employee, patiner, 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 inculTed by the Contractor. The City shall have no duty to withhold any Federal
income taxes or pay Social Security taxes 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 detennines necessary in carrying out its duties
under this Agreement.
7. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any
work being performed under this Agreement, procure and maintain the following minimum
insurance coverage to protect the City and Contractor against all loss, claims, damage and
liabilities caused by Contractor, its agents, sub-Contractors or employees, as indicated below:
o Comprehensive General liability insurance u including broad form contractual
liability coverage for all operations, including, but not limited to, contractual,
products, and completed operations, personal injury and property damage liability
with limits of One Million Dollars ($1,000,000) combined single limit
occurrence.
o Workmen's Compensation, with no less than $100,000 for Employer's Liability.
Said coverage shall include a waiver of subrogation in favor of the City, its
agents, employees and officials.
o Business Automobile Liability which shall include coverage for all owned, non-
owned and hired vehicles for limits of not less than $500,000 per occurrence,
Combined Single Limit 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 indemnitication and obligations
hereunder. The insurance policy(ies) shall be issued by companies authorized to do business
under the laws of the State of Florida and acceptable to the City. Before any work under lhis
Agreemenl is performed, and al any time upon requesl, Conlractor shall furnish to lhe
City certificales of insurance evidencing the minimum required coverage and shall be
approprialely endorsed for conlraclualliability, with lhe City named as additional insured.
Page 3 of 10
Temple Display, Ltd.
Attorney! Agreernents/jb
9/23/2005
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City of SUIlIlY Isles Beach
18070 Collins A venue, Sunny Isles Beach, Florida 33t60
(305) 947-0606 phone (305) 949-3113 Fax
All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall
be in forms and issued by insurance companies acceptable to the City's Risk Management
Department. 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. The City
reserves the right from time to time to change the insurance coverage and limits of liability
required to be maintained by Contractor hereunder.
Contractor shall also require and ensure that each of its subcontractors 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.
8. OWNERSHIP OF DOCUMENTS AND EOUIPMI~NT. 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 pmiies
shall be approved in writing by the City.
Contractor shall deliver to the City for approval and acceptance, and before being eligible
for final payment or any amounts due, all documents and materials prepared by, and for, the City
under this Agreement.
All oral and written information not in the public domain or not previously known, and
all information and data obtained, developed or supplied by the City, or at its expense, will be
kept confidential by the Contractor and will not be disclosed to any other party, directly or
indirectly, without the City's prior written consent, unless required by a lawful order. All
drawings, maps, sketches, programs, data base, reports and other data developed or purchased
under this Agreement for, or at the City's expense, shall be and remain the City's property and
may be reproduced and reused at the discretion of the City.
The City and Contractor shall comply with the provisions of Chapter 119, Florida
Statutes (Public Records Law).
All covenants, agreements, representations and walTanties made herein, or otherwise
made in writing by any party pursuant hereto, including, but not limited to, any representations
made herein relating to disclosure or ownership of documents, shall survive the execution and
delivery of this Agreement and the consummation of the transactions contemplated hereby.
The City shall be able to take photographs of the street holiday decorations installed in
the City and use the photographs in publications, including but not limited to, its website, press
releases, and cable television channel.
9. INDEMNIFICATION. Contractor agrees to indemnify and hold harmless, the City, its
officers, agents, and employees from, and against any and all claims, actions, liabilities, losses
Page 4 of 10
Temple Display, Ltd.
Attorney! Agrccmcnts/jb
9/23/2005
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City of SUlluy Isles Beach
18070 Collins A venue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3t13 Fax
and expenses including, but not limited to, attorney's fees for personal, economic or bodily
injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or
may be alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct
of the Contractor, agents or other personal entity acting under Contractor's control in connection
with the Contractor's performance of Services pursuant to that agreement and to that extent the
Contractor shall pay such claims and losses and shall pay all such costs and judgments which
may issue from any lawsuit arising from such claims and losses including wrongful termination
or allegations of discrimination or harassment, and shall pay all costs and attorneys' fees
expended by the City in defense of such claims and losses including appeals. The parties agree
that ten percent (10%) of the total compensation is a specific consideration from the City to the
Contractor for this indemnity.
10. TERMINATION.
a. If, through any cause within the 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.
I. In the event of termination, all finished and unfinished documents, data
and other work product prepared by Contractor (and subcontractor[s])
shall be delivered to the City and thc City shall compensate the Contractor
for all Services satisfactorily performed prior to the date of termination, as
pro,,:ided in Paragraph 4 herein.
11. Notwithstanding the foregoing, the Contractor shall not be relieved of
liability to the City for damages sustained by it by virtue ofa breach of the
Agreement by Contractor and the City may reasonably withhold payments
to Contractor for the purposes of set-off until such timc as the exact
amount of damages due the City from the Contractor is determined.
Ill. After receipt of a Termination Notice and except as otherwise directed by
the City, the Contractor shall:
I. Stop work on the date and to the extent specified.
2. Terminate and settle all orders and subcontracts relating to the
perfOlmance of the terminated work.
3. Transfer all work in process, completed work and other
materials related to the terminated work to the City.
Page 5 of 10
Temple Display. Ltd.
Attorney! Agreements/j b
912)12005
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City of SUIIIlY Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-31t3 Fax
4. Continue and complete all parts of that work that have not been
terminated.
b. Termination for Convenience of Citv. The City may, for its convenience and without
cause terminate the Services with thirty (30) days written notice to Contractor.
c. Termination for Insolvencv. 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.
11. 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.
12. TIME OF COMPLETION. The Services to be rendered by the Contractor shall be
commenced upon execution of this Agreement and shall be completed within a reasonable time.
A reasonable extension of time shall be granted in the event the work of the Contractor is
delayed or prevented by the City or by circumstances beyond the reasonable control of the
Contractor including weather conditions or acts of God which render the performance of the
Contractor's duty impracticable.
13. AUTHORITY TO PRACTICE. Contractor hereby represents and warrants that it has
and will continue to maintain all licenses and approvals required to conduct its business and that
it will at all times conduct its business activities in a reputable manner. Proof of such licenses
and approvals shall be submitted to the City prior to commencement of work under this
Agreement.
14. MODIFICATIONS OF WORK. The City reserves the right to make changes in the
work, including alterations, reductions or additions thereto. Upon receipt of the City's
notification of a contemplated change, the Contractor shall (1) if requested by the City, provide
an estimate for the increase or decrease in cost due to the contemplated change, (2) notify the
City of any estimated change in completion date, and (3) advise the City in writing if the
contemplated change shall affect the Contractor's ability to meet the completion dates or
schedules of this Agreement.
15. COORDINATION OF SERVICES. The City's representative/liaison during the
performance of this Agreement shall be Susan Simpson, telephone number 305/957-1306.
Contractor shall not respond to requests for Services under this Agreement unless the request is
received directly from Susan Simpson or Chrislopher J. Russo, City Manager, or designated
personnel. Any requests received from other City departments/divisions shall be referred to the
City Manager's Department representative designated above. Scrvices performed wilhoul
aulhorization shall bc considered unaulhorizcd and shall not bc compensaled/paid by lhe
City.
Page 6 of to
Temple Display. LId.
Attorney! Agreements/j b
9/23/2005
SIB
City of Sunny Isles Beach
18070 Collins A venue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
16. ATTORNEY'S FEES. If this matter is placed in the hands of an attorney for
collection, or in the event suit or action is instituted to enforce any of the terms or conditions of
this Agreement, the losing party shall pay to the prevailing party, in such suit or action in both
trial court and appellate court, together with reasonable attorney's fees for the anticipated cost of
collection and judgment enforcement.
17. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term
of this Agreement or any time for a period of ten (10) years subsequent to that date upon which
the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any
person or entity, other than in the discharge of the duties of the Contractor under this Agreement,
any information which the City designates in writing as "confidential." 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 in a court of equity for
violating such provisions.
18. NOTICES. All notices and communications hereunder shall be in writing and shall be
deemed given when sent postage prepaid by registered or certified mail, return receipt requested
and, if intended for City to Chrislopher.J. Russo, City Manager, with a copy to Hans Ottinol,
Cily Attorney, City of Sunny Isles Beach, 18070 Collins A venue, Sunny Isles Beach, Florida
33160, and, if intended for Contractor, shall be addressed to Temple Display, LId, 114 E.
Kirkland Centre, Oswego, IL 60543, (Phone No 630-851-3331), Attention: Tyler Temple.
19. GOVERNING LAW. The validity of this Agreement and the interpretation and
performance of all of its terms shall be construed and enforced in accordance with the laws of the
State of Florida, without regard to principles of conflict of laws thereof. The location of any
action or proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade
County, Florida.
20. 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.
21. 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 I of the Housing and Community Development
Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with
Executive Order 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/family 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,
Page 7 of to
Temple Display. Ltd.
Attorneyl Agreements/jb
9/23/2005
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City of SIIIlIIY Isles Beach
18070 Collins A venue, Sunny tsles Beach, Florida 33t60
(305) 947-0606 phone (305) 949-3113 Fax
demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of payor
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.
22. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by
the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by
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.
Contractor covenants that it presently has no interest and shall not acquire any intercst, direct or
indirectly that should conflict in any manner or degree with the performance of the Services.
23. CONFLICTING PROVISIONS. The terms and conditions in this Agreement
supersede any other conflicting provisions that are contained in any other document.
24. MISCELLANEOUS.
a. The rights granted to Contractor hereunder are nonexclusive, and the City reserves the
right to enter into agreements with other persons or firms to perform Services including those
provided hereunder.
b. Contractor and its employees shall promptly observe and comply with applicable
provisions of all published federal, state and local laws, rules and regulations which govern or
apply to the Services rendered by Contractor hereunder, or to the wages paid by Contractor to its
employees.
c. Contractor shall obtain and keep in force during the term of this Agreement all necessary
licenses, registrations, certificates, permits and other authorizations as are required by law in
order for Contractor to render the service(s) required hereunder.
d. Contractor shall not use the name or official seal of the City in any promotional material
without the prior written consent of the City.
e. Except as expressly provided for in this Agreement, Contractor is not authorized to act as
the City's Agent hereunder and shall have no authority, expressed or implied, to act for or bind
the City hereunder, either in Contractor's relations with sub-Contractors, or in any other manner
whatsoever.
25. OPTION TO PURCHASE. The City shall have the option to purchase the street
holiday decorations at the end of the four-year period in an amount not to exceed $14,427.60.
Page 8 of 10
Temple Display, Ltd.
Attorney/ Agreements/jb
9/26/2005
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City of SUIIIlY Isles Beach
18070 Collins A venue, Sunny tsles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3tt3 Fax
25. ENTIRE AGREEMENT. This Agreement and Attachment Exhibit "A," which is
expressly incorporated herein by reference, shall constitute the entire agreement between the
parties with respcct to the subject matter hereof, and it shall supersede all previous and
contemporaneous oral and written negotiations, commitments, agreements and understanding
relating hereto. This Agreement may be executed in multiple identical counterparts, each of
which shall be deemed an original for all purposes.
26. AMENDMENT. Any modification of this Agreement shall be effective only if in
writing and signed by the parties to this Agreement. No waiver of any provision of this
Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party
granting such waiver.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the
day and year first written above.
WITNESS:
#<lA.-h<--- Ahht:~
lprint Name: S/'//lI2<p"v t!t-(l (lL i/~
,
~,. .
ATTEST;
'.
': ~ ':H \ ',: 'i. I ~ .
o BY':.~ ~:'~
,'; JanT A. HlI1?s:Ctty Clerk
. '
. )
Attachmcnts: Exhibit A
Resolution No.
Temple Display, Ltd.
Attorney! Agrccmcnts/jb
9/23/2005
TEMPLE D1SPL ~, L TO
'esident
,".
CITY OF SUNNY ISLES BEACH
By:
Page 9 of 10
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Exhibil A
Temple Display, LId
Proposal & Sales Order
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Exhibit A
Temple Display, Ltd
Proposal & Sales Order
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~~
~~~~.
TEMPLE
display, lId.
Sold To:
Sunny Isles Beach. City Of
Susan Simpson
1 B070 Collins Ave.
Sunny Islas 811adl, FL 33160
Temple Display, Ud.
114 E. Kirllland Centre
O$wego. IL 60543
PI10lie 630-851-3331
Fax 630-851-4144
SALES ORDER
Sales OnIer'
Dale
Sales Rep,
TOLQ4793
OBI04Ill5
Tyler
Ship To:
Sunny ISles Beach, City Of
Susan SirnP6Ql1
18070 CDIlIns Ave.
Sunny Isles Beach, FL 33180
P.O.s Ship V1a/Date: Best Way' ASAP Tarms;
Qty Part No. DeslOription
8 P-173 4.5'ldI' Snowman, 420 Watts, 451bs
40 P-173 4.5')(/j' Snowman. unlit, 45lbs
8 P-233 5.5'x12' Double Poinsettia, 756 Watts, 371bs
41 P-233 5.5'X12' Double POinsettill, unlit, 371bs
9 PMCT -$lG 5'lC8' Whimsical Candle wfGarland, 350
Watts, 26100
40 PMCT-6$G 5'xS' 1M1imsicaJ Candle wlGarlilnd, un/it.
26lbs
4 4 Year Seasonal Contract- fncfudes
installation, ta~. $lorage and
maintenance
1 Tenns: 2005 season 1/2 payment due Oct
2005 balance due Jan. 2006, Year 2. 4
(2006 - 2008) Qual1erly payment of $5.949
clueAprillsl, July 1s~ Oct 1st & Jan. 1st
NET 3D Shipping: Prepay & Add
.,.
Un" Price ElCt. PrIce
$0.00 $0,00
SO.OO SO.OO
SO.OO SO.OO
$0.00 $0.00
SO.OO SO.OO
$0.00 $0.00
$23,796.00 $95,184.00
SO.OO $0.00
$pedaIIRSll'UCtionS:
SubTolaI
Saie$ Tax
S1tiqling
Tqtal
$95.184.00
SO.OO
$95,1114.00
Authorized Slgnalu
l0~
fit"" Susan Simpson
of'rece of gDad;. This order subject IQ lIl;;Ceptence fn;wn home afb. Sales fa where
Cilbfe 01l overdw ta:Qunbt. Canoelfations subiecr 'ID .sel!cr.r COf\:Iml FOB FiC101'Y.
'lbis 8'~S order 1.5 ezeev:ted by t.bma'bove-referenced perSOll to preS'e'l."'9"e:'
tbe prices quoted above. The exet:ut101l of this docUII&llt 1& eDcered iDto
in &ood faith, bue shall not bind t City Dull it is approved lay 1:he
City of Sunny I.sl.... Beach City Co ssiou. If YOll agree neh thase :CeDIS
and "mutiticms. please have a l' vbo i8 auChor1zed Co bind th.. compauy
to sign bdDV.
aud citle
-2'Y?-t:iZ,
?fi"'~~6:- ....- j9';cJ/.DG"'rl'
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As NY tt<s City of Sunny Isles Beach SEddcumMaior
Norman S Edekup,Mayor
°�4 �s 17070 Collins Avenue, Suite 250 Lewis J.Thaler,vers Mayor
n Roslyn Brain,Commissioner
0 Sunny Isles Beach, Florida 33160 Gerry Goodman,Commissioner
3 Danny Iglesias.Commissioner
A' // (305) 947-0606 City Hall
\\ o (305) 949-3113 Fax Christopher J.Rosso,City Manager
r ar' Hans Wilmot,City Attorney
ezo� (305) 947-4150 Building Department Jane A.Hines,City Clerk
os svM (305)947-5107 Fax
MEMORANDUM
To: Honorable Mayor and City Commission
From: Christopher J. Russo,City Manager Date: September 22, 2005
Re: APPROVAL OF AGREEMENT FOR HOLIDAY DECORATIONS WITH TEMPLE
DISPLAY,LTD.
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution entering into an
agreement with Temple Display, Ltd. to produce,install, service, remove and store a total of 146
holiday decorations.
REASONS
The City Commission expressed a desire to install holiday decorations on the light poles throughout
the City, specifically along Collins Avenue, 159th Street and 174th Street. Staff presented several
choices of decorations at a previous Commission meeting. Three different designs were selected
and staff was instructed to move forward with securing those selections. Temple Display,Ltd. is the
sole source manufacturer for the particular designs the Commission selected,and they have
submitted a proposal in an amount not to exceed Twenty-Three Thousand, Seven Hundred Ninety
Six Dollars ($23,796.00) annually for four years for a total contract amount not to exceed Ninety-
Five Thousand, One Hundred Eighty Four Dollars ($96,184.00).
ADDITIONAL INFORMATION
At this time, the city does not have adequate storage space or staff to install,remove, and service the
holiday decorations. As such it is not in the city's best interest to consider purchasing them.
However,at the end of the four year agreement the city will have the option to purchase the holiday
decorations at a discounted rate.
Chapter 62-12 of the Sunny Isles Beach Code of Ordinances states that the City Commission may
authorize the waiver of competitive bidding procedures upon the recommendation of the City
Manager that it is in the City's best interest to do so, to obtain goods and services which cannot be
acquired through the normal purchasing process due to insufficient time, the nature of the goods or
services, or other factors. Purchases authorized by waiver process shall be acquired after conducting
a good faith review of available sources and negotiation as to price, delivery and terms.