Item Coversheet

Resolutions - C7  V




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Jimmy L. Morales, City Manager 
DATE:September  16, 2020
 



SUBJECT:

A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES AGREEMENT, DATED NOVEMBER 7, 2017, BETWEEN THE CITY AND ARTISTIC HOLIDAY DESIGNS, LLC; SAID AMENDMENT APPROVING A ONE-TIME FEE, IN THE AMOUNT OF $183,841, TO REFURBISH THE CITY'S HOLIDAY LIGHTING AND DECOR THAT HAS EXCEEDED ITS USEFUL LIFE; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE FINAL AMENDMENT.


RECOMMENDATION

The Administration recommends adopting the Resolution.

BACKGROUND/HISTORY

On November 7, 2017, the Mayor and City Clerk executed a Professional Services Agreement (the Agreement) with Artistic Holiday Designs, LLC (the Consultant) for a term of three (3) years to design, furnish, install, maintain, remove and store holiday lighting and decorations Citywide.  

 

On October 17, 2018, the Mayor and City Commission adopted Resolution No. 2018-30537, approving Amendment No. 1 to the Agreement, increasing the scope to include additional facilities and locations enhanced by holiday décor and lighting for FY 2018-2019 (year two (2)).

 

On May 8, 2019, Resolution No. 2019-30816 was adopted, approving Amendment No. 2 to the Agreement, memorializing the enhancements recommended by the Neighborhood /Community Affairs Committee (NCAC) to increase the current service level for FY 2019-2020 (year three (3)) for a total contract sum to a not to exceed amount of $675,440.38.

 

Furthermore, on January 15, 2020, the Mayor and City Commission adopted Resolution No. 2020-31123, approving Amendment No. 3 to the Agreement, which further expanded the scope of the Agreement by 1) retroactively approving the permanent lighting along the 41st Street corridor, 2) retroactively approving enhanced holiday lighting services for additional sites, and 3) approving additional lighting and décor services for the Super Bowl LIV special event; thereby increasing the total contract sum to a not to exceed amount of $756,325.51. Subsequently, on March 18, 2020, Resolution No. 2020-31207 was adopted, approving Amendment No. 4 to the Agreement, to include supplemental lighting and maintenance service of the Super Bowl LIV special event installation from January to April 1, 2020, increasing the contract sum to an amount not to exceed $867,257.51 for FY 2019-2020 (year three (3)).

ANALYSIS

The Agreement provides for an initial term of three (3) years, with two (2), one (1) year renewal options, to be exercised at the City Manager’s sole option and discretion. On July 30, 2020, the Agreement was approved for renewal for a term of one (1) year through November 6, 2021. Pursuant to Subsection IV to Schedule B of the Agreement, the annual cost to City for year (4) four, includes purchase of all product leased throughout the course of the contract, including all enhancements approved via amendments, for $1.00 and labor for $312,920, for a total contract sum in the amount of $312,921 for FY 2020-2021.

 

However, some of the lighting initially installed in 2017, year (1) one of the Agreement, have exceeded their useful life and require refurbishment. Pursuant to Section 49 of the Agreement, additional locations and services may be added for special events, holidays or for other location.

The City Manager is recommending the restoration of holiday decorations and lighting, in the amount of $183,841, and more particularly described in Schedule B-3 to the proposed Amendment No. 5. attached hereto.

 

Accordingly, an amendment is necessary in order to incorporate the refurbishment services for FY 2020-2021 in the total amount of $183,841, increasing the contract sum in the not to exceed amount of $496,762.

CONCLUSION

The Administration recommends approving, in substantial form, Amendment No. 5 to the Agreement; said amendment memorializing the additional enhanced services for fiscal year 2020-2021; and further authorize the City Manager and City Clerk to execute the final amendment.

Applicable Area

Not Applicable
Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Does this item utilize G.O. Bond Funds?
No No 
Legislative Tracking
Property Management

ATTACHMENTS:
Description
Amendment
Resolution & Agreement