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Res. No. 186-06-12327RESOLUTION NO. 186 -06 -12327 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A SERVICE WORK ORDER TO BRANDANO DISPLAYS, INC. FOR HOLIDAY DISPLAYS SERVICES WITHIN THE DOWNTOWN AREA IN AN AMOUNT OF $28,000 TO BE CHARGED TO THE PUBLIC WORKS DEPARTMENT ACCOUNT NUMBER 001- 1710 -519 -3450; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission wishes to beautify the downtown streets during the holiday season; and. WHEREAS; miniature holiday lights will be installed on trees along Sunset Drive and Dorn Avenue by Brandano Displays, Inc. in an amount of $28,000 to be charged to account number 001 -1710- 519 -3450, with account balance of $28,000, before this request. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. That the Mayor and City Commission authorize the City Manager to issue a Service Work Order to Brandano Displays, Inc. in an amount of $28,000 to be charged to account number 001 - 1710 - 519 -3450, with account balance of $28,000, before this request. Section 2. The attached exhibit is incorporate by reference into this resolution. r PASSED AND ADOPTED this day of October, 2006. ATTEST: AP ROVED: TY CLERK MAYOR READ AND APPROVED AS TO FORM: COMMISSION VOTE: 5 -0 Mayor Feliu: Yea Vice Mayor Wiscombe: Yea --- Commissioner Palmer: Yea uzs . igueredo, Commissioner Birts: Yea ,,Na-gin Gallop & Figueredo, P.A. Commissioner Beckman: Yea Office of City Attorney Include File Name and Path South Miami AMY �*- CITY OF SOUTH MIAMI iii CORPORAFm .: .' loRip�' OFFICE OF THE CITY MANAGED INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via. Yvonne S. McKinley, City Manager From: W. Ajibola Balogun, REM, CFEA, Director Public Works & Engineering Department Date: October 17, 2006 Agenda Item No.: Subject: Work Order for holiday display services (wrapping of the trees in downtown with clear miniature lights). Resolution: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A SERVICE WORK ORDER TO BRANDANO DISPLAYS, INC. FOR HOLIDAY DISPLAYS SERVICES WITHIN THE DOWNTOWN AREA. IN AN AMOUNT OF $28,000 TO BE CHARGED TO THE PUBLIC WORKS DEPARTMENT ACCOUNT NUMBER 001 - 1710 -519 -3450; PROVIDING FOR AN EFFECTIVE DATE Request: Authorizing the City Manager to issue service work order with Brandano Displays, Inc. for $28,000. Reason /Need: To continue the tradition of installing holiday lights on our trees in downtown, we are requesting approval to secure the services of Brandano Displays, Inc. for the installation of holiday lights on 88 trees along Sunset Drive and Dom Avenue. As with past years, the installation will be completed early enough to allow illumination beginning October 31, 2006 (Halloween) through the winter season. It is our intent to "piggyback on the attached City of Marathon's agreement for the services. Cost: $28,000.00 Funding Source: Public Works Department's account -number 001 - 1710 -519 -3450 with account balance of $28,000 before this request. Backup Documentation: ❑ Proposed Resolution ❑ Brandano Displays' agreement with ".City of Marathon 10/06/06 FRI 16:25 FAX 3154690367 BRANDANQ DISPLAYS Agreement No. 01$116 LEASE AND INSTALLATION AGREEMENT Brandano Displays, Inc. 4601 Nixon, Park Drive Syracuse, NY 13215 ( "Brandano ") City of Marathon 10045 -55 Overseas Highway Marathon, Florida 33050 ( "Lessee ") Decorations Leased. Brandano hereby leases to Lessee and Lessee hereby leases from Brandano, all decorations and other property of Brandano, (all of which, together with any replacement parts, additions, repairs and accessories incorporated therein and/or affixed thereto is herein collectively referred to as "Decorations "). Decorations are described below and detailed on the attached sales order. (20) Wreath with Anchor (20) Wreath with Sailboat (10) Custom Dolphin (500) C9 Lightline (10) Pole Trims (1) Major Display (To be selected annually) (200) Miniature Light Sets Lessee can change 50% of the pole decorations listed above at the end of the 2003 Season for decorations of equal value. 2. Terms. The term of this Agreement is for one (5) Holiday Seasons (2001, 2002, 2003, 2004, 2005), 3. Payments, Lessee promises to pay Brandano the total sum- of $9$,350 in rental payments. This is exclusive of any applicable sales tax.. Lessee shall make payments according to the following schedule: Payment $19,670.00 Due December 1, 2001 $19,670.00 Due December 1, 2002 $19,670,00 Due December 1, 2003 $19,670.00 Due December 1, 2004 $19,670.00 Thee December 1, 2005 16006 10/08/06 FRI 18;25 FAX 3154690367 BRANDANO DISPLAYS Agreement No. 01$116 4, Ownership. Title to the Decorations shall at all times remain in Brandano. Lessee agrees to ,keep each item of Decorations at all times free and clear from .all claims, levies, liens and process. Decorations are and shall remain personal property notwithstanding that the Decorations or any part thereof may be or hereafter become in any manner affixed to or attached to the real property or any building thereon. Brandano may require Lessee to obtain a landlord's beneficiary's or mortgagee's waiver of interest in the Decorations. 5. Electrical Power. The lessee is responsible to provide a suitable power source for the decorations within 10' of the decoration. The lessee is responsible for the cost of the electricity. 6. Assignment. Brandano hereunder may assiga. this Agreement and all rights of Brandano without Lessee's consent_ Lessee shall not assign this Agreement, or its interests hereunder, or grant a security interest herein, or enter into any sublease or lend the Decorations, without the prior written consent of Brandano. Compliance with Laws. Lessee shall use the Decorations in a careful ma mer in conformity with all governmental laws, ordinances, regulations, requirements, and rules. $. Warranty. Brandano warrants that Lessee shall quietly enjoy use of the 1morations and the Decorations shall be free from defects. Lessee lias selected the Decorations. Brandano hereby assigns to Lessee all of its rights and interest in any warranties of the manufacturer. Brandano shall in no event be liable for consequential damages arising out of defects in any leased goods. 9. Loss, Damage, or Interruption of Use. Loss of, or damage to Decorations or interruption of Lessee's use or peaceable enjoyment of said decorations shall not impair any obligation of Lessee under this Agreement, except where occasioned by the negligent act of Brandano, or as agreed. 10. Indemnity. Except as otherwise provided for herein, Lessee shall indernnify and hold Brandano harmless to Lessee's employees, agent, or other persons for any and all liability, claims, loss or expense arising out of the selection, possession, leasing, operation, control, use, of Decorations, provided such liability, loss or claim is not a result of any act or omission of Brandano. 11. Services Provided. Brandano will install, remove, store, refurbish, and insure as further described below the Christmas Decorations specified on Page 1 of this Agreement for the full term of this Agreement. 0 007 10/06/06 FRI 16:26 FAX 3154690367 BRANDANO DISPLAYS Agreement No. 018116 12, Location. These ,Decorations will be installed as per an approved plot plan to be developed for the project and mutually acceptable to both parties. Any deviation from this program or any relocation of Decorations after initial installation will be done at Lessee's expense_ 13. Installation Date. Brandano will install the above listed Decorations prior to 'thanksgiving each Season. . 14. Removal Date. Brandano will remove all Decorations as soon as possible after January 5 each Season. Brandano and Lessee may mutually agree upon earlier removal dates. 15. Site Preparation. Brandano is responsible for completion of preliminary work prior to installation of Decorations. This work, consists of installing: None_ 16. Permits. Lessee agrees to obtain all necessary approvals from building owners, lessees or lessors, for the attachment of cables, anchor points, faceplates, or brackets necessary for the installation of the Decorations, and for the placement of the Decorations. Lessee shall obtain all necessary permits for installation. 17. Storage. Decorations will be stored at one of Brandano's facilities. IS, Conflict of Applicable Law, If any provisions of this contract are contrary to, prohibited by, or deemed invalid under applicable laws or regulations of any jurisdiction in which, it is sought to be enforced, then such provisions shall be deemed inapplicable and deemed omitted but shall not invalidate the remaining provisions hereof. 19. Default. In the event of a default in the payment of any sums due hereunder, or in the performance of any other covenant herein and Lessee fails to cure said default within three (3) days after written notice from Brandano; or- if Lessee becomes insolvent, or ceases to do business as a going ,concern; or snakes an assignment for the benefit of creditors or any proceeding or petition under the Bankruptcy Act as amended is filed by or against Lessee, (including a proceeding for reorganization, arrangement or extension); then in any such event, Brandano, at its sole option, shall have the right to terminate this contract as to any and all items of Decorations and Brandano shall thereupon be entitled to recover from Lessee the excess, if any, of the amount of payments reserved in the Contract for the balance of the stated terms. [a 008 10/06/06 FRI 16:26 FAX 3154690367 BRANDANO DISPLAYS r t Da By Dated: By- Agreement No. 018116 Title: _ jSi of OCT 19 2001 7--d r . fa 009 10/12/2006 09:07 93056687208 10/11/06 WED 12 :40 M 3154690387 CITY OF SOUTH MIAMI DRANDANO DISPLAYS Brandano Displays, Inc. October 6, 2006 Mr. Rudy de la Torres Equipment & Operations Manager CrrY of SOUTH MIAMI 4795 S.W. 75th Avenue South Miami, FL 33155 Dear Rudy: John D. Wwidw)o Mamiging Partner The purpose of this letter is to provide you with a price quotation for the illumination of trees in the South Miami business area. We have prepared this price quotation to provide you with the budget parameters for the project. If you choose to accept parts of the proposal, the prices will vary depending on the final selection of services. Project Overview. The Clty of South Miami is illuminating the downtown trees for the Fall and Winter Season with illumination beginning on Halloween. There are eighty - eight (88) trees to be illuminated. These include: 4 Medium Black Olive Trees 29 Large Black Olive Trees 13 Giant Black Olives 4 Medium Palms 19 Large Palms 19 Christmas Palms The trunks will be wrapped with clear miniature lights as per previous years. 1280 NW 22 "" Strcct + PknYipuno BL�anh, Florida 33061 954.956.7266 a 800.777,6903 a Km: 954.9,16.7256 jolinbrandanoftrandano.com www.hrandiwoxoni PAGE 81/02 , 10 002 10/12/2006 09:07 93056687208 CITY OF SOUTH MIAMI PAGE 02/02 10/11/06 WED 12:40 FAX 3134690307 BRANDANO DISPLAYS 2003 Br�andano M ", Inc. City of South Miami October 6, 2006 Page 2 Price Quotation. Brandano Displays, Inc. will provide the following: • 1,455 Sets miniature lights, clear, commerciat- grade, long -life, super- bright • Installation of lighting on all trees Negotiated Price.- $28,000.00 Payment Schedule. Payments will be made according to the following schedule., $14,000.00 October 20, 2006 $14,000.00 November 1, 2006 Terms: . The above pricing is exclusive of sales tax. The above pricing is exclusive of maintenance and takedown • The City is responsible for all permits. • City must provide a suitable power source on leach tree. • Installation is available only on Brandano Displays, Inc. supplied materials. • Terms are based on installation only. If you have any questions feel free to contact us at anytime. Very truly yours JDB: jak Enclosures 1280 NW 22 "" Strecr • Pnmpmuto Mich, Florida _33069 954. 956.7266 • 1300.777.6903 • F xx, 9-54.936.725( 't patbrandano@ brunctmoxom www.briindan(i.coni