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Res No 046-21-15666RESOLUTION NO.046-21-15666 A Resolution relating to the 2021 annual Fourth of July celebration event. WHEREAS, every year the City of South Miami hosts a Fourth of July celebration at Palmer Park which includes food, live entertainment, games, children's activities, and a fireworks display show; and WHEREAS, last year's Fourth of July celebration was canceled due to the coronavirus pandemic. Maintaining social -distancing and various other protocols would prove extremely difficult once again for this year's 2021 celebration. Moreover, the City may get overwhelmed with non-residents/visitors due to neighboring cities —Coral Gables and Palmetto Bay — canceling their Fourth of July celebration events this year; and WHEREAS, according to the Centers for Disease Control and Prevention ("CDC"): "CDC continues to recommend that large gatherings be avoided, particularly those in which physical distancing cannot be maintained between people who live in different households. This guidance is intended for those who are planning a large event, such as sporting events, concerts, festivals, conferences, parades, or weddings;" and WHEREAS, the attached memorandum illustrates updates of local municipalities' plans for the 2021 Fourth of July Celebration as of April 13, 2021. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are hereby ratified and confirmed as being true and they are incorporated into this resolution by reference as if set forth in full herein. Section 2. The City Manager is hereby authorized to cancel the 2021 Fourth of July celebration event. Section 3. Corrections. Conforming language or technical scrivener -type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature. Section 4. Severability. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section S. Effective Date. This resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this 22Rd day of April 2021. Pagel of 2 Res. No. 046-21-15666 ATTEST: CITY dERK READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF C ATTORNEY APPROVED: COMMISSION VOTE: 5-0 Mayor Philips: Yea Commissioner Harris: Yea Commissioner Liebman: Yea Commissioner Gil: Yea Commissioner Corey: Yea Page 2 of 2 Agenda Item No:6. City Commission Agenda Item Report Meeting Date: April 22, 2021 Submitted by: Quentin Pough Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: A Resolution relating to the 2021 annual Fourth of July celebration event. 3/5 (City Manager -Parks & Recreation Dept.) Suggested Action: Attachments: MEMO_-_Fou rth_of_J u ly_2021.docx RESOLUTION= _Fourth_of_July_2021.doc Resolution 022- 18-15054-Fi re works Contract .pdf South Miami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER -OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission FROM: Shari Karnali, City Manager Via: Quentin Pough, Director of Parks & Recreation DATE: April 22, 2021 SUBJECT: A Resolution authorizing the City Manager to the 2021 Fourth of July celebration event. BACKGROUND: Every year the City of South Miami hosts a Fourth of July celebration at Palmer Park which includes food, live entertainment, games, children activities and a firework display show. Last year's 2020 Fourth of July celebration was canceled due to the coronavirus pandemic. Maintaining social -distancing and various other protocols would prove extremely difficult once again for this year's 2021 celebration. Moreover, the City may get overwhelmed with non- residents/visitors due to neighboring cities —Coral Gables and Palmetto Bay —canceling their Fourth of July celebration events this year. According to the Centers for Disease Control and Prevention ("CDC"): "CDC continues to recommend that large gatherings be avoided, particularly those in which physical distancing cannot be maintained between people who live in different households. This guidance is intended forthose who are planning a large event, such as sporting events, concerts, festivals, conferences, parades, or weddings." JULY 4T" EVENT STATUS AROUND THE COUNTY: The following are updates (as of 4113121) on local municipalities' plans for 2021 Fourth of July Celebration: 2 RESOLUTION NO.046-21-iS666 A Resolution relating to the 2021 annual Fourth of July celebration event. WHEREAS, every year the City of South Miami hosts a Fourth of July celebration at Palmer Park which includes food, live entertainment, games, children's activities, and a fireworks display show; and WHEREAS, last year's Fourth of July celebration was canceled due to the coronavirus pandemic. Maintaining social -distancing and various other protocols would prove extremely difficult once again for this year's 2021 celebration. Moreover, the City may get overwhelmed with non-residents/visitors due to neighboring cities —Coral Gables and Palmetto Bay — canceling their Fourth of July celebration events this year; and WHEREAS, according to the Centers for Disease Control and Prevention ("CDC"): "CDC continues to recommend that large gatherings be avoided, particularly those in which physical distancing cannot be maintained between people who live in different households. This guidance is intended for those who are planning a large event, such as sporting events, concerts, festivals, conferences, parades, or weddings;" and WHEREAS, the attached memorandum illustrates updates of local municipalities' plans for the 2021 Fourth of July Celebration as of April 13, 2021. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are hereby ratified and confirmed as being true and they are incorporated into this resolution by reference as if set forth in full herein. Section 2. The City Manager is hereby authorized to cancel the 2021 Fourth of July celebration event. Section 3. Corrections. Conforming language or technical scrivener -type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature. Section 4. Severability. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section S. Effective Date. This resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this 221d day of April2021. Pagel of 2 Res. No. 046-21-15666 ATTEST: CITY ERK READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF C ATTORNEY APPROVED: di COMMISSION VOTE: 5-0 Mayor Philips: Yea Commissioner Harris: Yea Commissioner Liebman: Yea Commissioner Gil: Yea Commissioner Corey: Yea Page 2 of 2 Agenda Rem No:6. City Commission Agenda Item Report Meeting Date: April 22, 2021 Submitted by: Quentin Pough Submitting Department: Parks & Recreation Rem Type: Resolution Agenda Section: Subject: A Resolution relating to the 2021 annual Fourth of July celebration event. 3/5 (City Manager -Parks & Recreation Dept.) Suggested Action: Attachments: MEMO=_Fourth_of July 2021.docx RESOLUTION= _Fourth_of_July_2021.doc Resolution 022-18-15054-Fireworks Contract .pdf South Miami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER -OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission FROM: Shari Karnali, City Manager Via: Quentin Pough, Director of Parks & Recreation DATE: April 22, 2021 SUBJECT: A Resolution authorizing the City Manager to the 2021 Fourth of July celebration event. BACKGROUND: Every year the City of South Miami hosts a Fourth of July celebration at Palmer Park which includes food, live entertainment, games, children activities and a firework display show. Last year's 2020 Fourth of July celebration was canceled due to the coronavirus pandemic. Maintaining social -distancing and various other protocols would prove extremely difficult once again for this year's 2021 celebration. Moreover, the City may get overwhelmed with non- residents/visitors due to neighboring cities —Coral Gables and Palmetto Bay —canceling their Fourth of July celebration events this year. According to the Centers for Disease Control and Prevention ("CDC"): "CDC continues to recommend that large gatherings be avoided, particularly those in which physical distancing cannot be maintained between people who live in different households. This guidance is intended for those who are planning a large event, such as sporting events, concerts, festivals, conferences, parades, or weddings." JULY 4T" EVENT STATUS AROUND THE COUNTY: The following are updates (as of 4113121) on local municipalities' plans for 2021 Fourth of July Celebration: 2 South Miami THE CITY OF PLEASANT LIVING EVENT EXPENSE SAVED ATTACHMENTS: $18,000 total expense saved. Fireworks CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER -OFFICE MEMORANDUM Coral Gables Currently canceled —but maybe having further discussions. Palmetto Bay Canceled North Miami Canceled Miami Shores Canceled Miami Springs Undecided Miami Gardens Undecided Key Biscayne Undecided Fireworks confirmed, but undecided whether live stream or Doral in -person attendance with restrictions. Fireworks confirmed, but Hialeah undecided whether live stream or in -person attendance with restrictions. alone ($10,950). Resolution Resolution No. 022-18-15054 — Fireworks Contract RESOLUTION NO.: 022-18-15054 A Resolution authorizing the City Manager to enter into a multi -year contract with Light F/X Pros, LLC for the annual Fourth of July fireworks display show. WHEREAS, the City of South Miami sponsors a July 4`h celebration each year at Palmer Park, (6100 SW 671h Avenue South Miami, FL 33143) for its citizens which includes food, live entertainment, kid's activities and a firework display show by a qualified vendor; and WHEREAS, the City issued a request for proposal ("RFP") #PR2017-20 titled "Fireworks Display Services" on Thursday, September 21, 2017 for a term of three (3) years, with one (1) two (2) year renewal, not to exceed five (5) consecutive years; and WHEREAS, the City received three (3) Committee ("the Committee") comprised of Coordinator, Jaime Adams, Assistant Director Recreation Supervisor II; and proposals that were evaluated by a Selection Yvette Valdes (chairperson), Special Events of Parks and Recreation, and Courtney Clay, WHEREAS, the proposals were first reviewed, scored and ranked on Wednesday, November 29, 2017 with "Preliminary" rankings and, identified the top two (2) respondents for additional questions. After the responses, the Selection Committee conducted final rankings on Tuesday, December 12, 2017 and recommended Light F/X Pros for the award. The Committee's final ranking and contract totals are summarized below; and Evaluator Light F/X Pros Firepower Display Zambelli Fireworks Yvette Valdes 100 90 50 Jaime Adams 90 92 67 Courtney Clay 91 93 65 TOTAL 281 275 182 Year Light F/X Pros Firepower Display Zambelli Fireworks Year 1 $10,950 $10,000 $24,000 Year 2 $10,950 $10,500 $24,000 Year 3 $10,950 $11,000 $24,000 Year 4 $10,950 $11,500 $24,000 Year 5 $10,950 $12,000 $24,000 Total $54,750 $55,000 $120,000 WHEREAS, the proposal amount is not to exceed $54,750 over five (5) year contract term. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The City Manager is authorized to negotiate and to enter into a three (3) year agreement with an option -to -renew for an additional two (2) years with Light F/X Pros, LLC for the City's Fourth of July fireworks display for an amount not to exceed $54,750 over five (5) year contract term. 6 Pg. 2 of Res. No. 022-18-15054 Section 2. The total expenditure shall be charged to Promotional Events/Special Events, account number 001-2000-572-4820, which currently has a balance of $ 27,545. Section 3. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 4. This resolution shall become effective immediately upon adoption by vote of the City Commission. PASSED AND ADOPTED this 6thday of February , 2018. ATT APP V aAvi" CLERK AYOR READ AND PPROV AS TO FO M: COMMISSION VOTE: 4-1 LANGU G AND Mayor Stoddard: Yea EXE REOF Vice Mayor Welsh: Yea Commissioner Edmond: Yea Commissioner Liebman: Yea Commissioner Harris: Nay \ CITY ATT NEY 7 South Miam'i THE CITY OF PLEASANT LMNG CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER -OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission FROM: Steven Alexander, City Manager Via: Quentin Pough, Director of Parks & Recreation DATE: February 6, 2018 Agenda Item No.: SUBIECT: A Resolution authorizing the City Manager to enter into a multi -year contract with Light F/X Pros, LLC for the annual Fourth of July fireworks display show. BACKGROUND: The City of South Miami sponsors a July 4t' celebration each year at Palmer Park (6100 SW 674' Avenue South Miami, FL 33143) for its citizens which includes food, live entertainment, kid's activities and a firework display show by a qualified vendor. The City issued a request for Proposal ("RFP") #PR2017-20 titled "Fireworks Display Services" on Thursday, September 21, 2017. The term of the contract is for a period of three (3) years, with one (1) two (2) year renewal, not to exceed five (5) consecutive years. The. City received three (3) proposals that were evaluated by a Selection Committee ("the Committee") comprised of Yvette Valdes (chairperson), Special Events Coordinator, Jaime Adams, Assistant Director of Parks and Recreation, and Courtney Clay, Recreation Supervisor II. The proposals were first reviewed, scored and ranked on Wednesday, November 29, 2017 with "Preliminary" rankings and, identified the top two (2) respondents for additional questions. After the responses, the Selection Committee conducted final rankings on Tuesday, December 12, 2017 and recommended Light F/X Pros for the award. The Committee's final ranking and contract totals are summarized below: Evaluator light F/X Pros Firepower Zambellipisplay Fireworks Yvette Valdes 100 90 50 Jaime Adams 90 92 67 Courtney Clay 91 93 65 TOTAL 281 275 182 8 soul.X-. iami THE CITY OF PLEASANT LIVING EXPENSE: AccouNT: ATTACHMENTS: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER -OFFICE MEMORANDUM Year light F/X Pros Firepower Display Zambelli Fireworks Year 1 $10,950 10,000 24,000 Year 2 $10,950 10,500 24,000 Year 3 $10,950 11,000 24,000 Year 4 $10,950 11,500 24,000 Year 5 $10,950 12,000 24,000 Total $54,750 55,000 120,000 The City began issuing formal solicitations for the City's July 4th fireworks event in 2013. Since that time, and prior to *formal solicitations, Firepower Displays has provided services, except for July 4, 2017 where Light F/X Pros was awarded the contract. Both companies have provided excellent firework shows in the past and have followed through with all requests from the City. Last year, the City requested an eco-friendlier plan to display the fireworks show. Light F/X stated that since 2011, they had already been providing a new pyrotechnic formula that replaced perchlorate with nitro gen-rich materials that burned cleaner and produce less smoke. Additionally, their proposal includes using fireworks that are made with recycled cardboard in efforts to further create a more ecofriendly show. Proposal amount is not to exceed $54,750 over five (5) year contract term. The total expenditure shall be charged to Special Events, account number 001-2000-572-4820, which currently has a balance of $27,545. Resolution Bid Opening Report Preliminary Rankings Final Rankings Light F/X Pros, LLC Proposal 9 BID OPENING REPORT �Y 14* "�. u: Taesda October-3l 2`017 0?00�rew3rtsDjs la SetvlcesaffeY ; a x= tf 1 OMPA1YlES E�IAs1_�SliB 11T2;PGD PROPOSALS SLAi'�i UNLBU ED . +i t ➢� yX H CIA, y uxi rFLLM[D Y 1 r �'' G ris Vy r At { s THE 1.$OVE$ID$HAVE P[OTBGEPI ^� 'D, te r : ME R& ARE SU6ACT TO CORRECTI AFTER Ti, RID3.HF d 1V GOM.PL$TCLV R�`plhVkE ID tk m t .::. a.-n_r......s..u.v.....:.inn.�:..wve+mnn-r..-.v...�_rn..wr...w........._...M....n...m.r.rw...u....r...rl.nvsn�ev�..i.e••.T.:..�.reaw-aa�.:�rn�=�ea[a.v.... .cu'�.n�'-s r 10 Wt I VVuV'j I LCV.\C_d V((, \' . �y Evaluation Sout 1 1 V Zia 1 i Scoring Sheet THE CRY OF PLEASANT LIVING RFP Tide: RFP No.: Procurement Division 6130 Sunset Drive South Miami, Florida 33143 (305) 663-6339 wwwsopthmiamifl gov DIRECTIONS: Please score each firm, for each specific criteria provided. Scoring is based on each criteria listed below with a maximum score for each criteria The total score for each proposer is calculated 4 adding each criteria for a total score by proposer. The maximum score total score for each proposer is 100 points. .MM Respondents experience, qualifications, and past performance 1. related to performing and providing fireworks display services or services of a similar nature: Maximum Points 30 Relevant experience and cimiifiations of key personnel, Including key personnel that will be assigned to the shoot and ti Z' perform the number of years' experience in handling and shooting fireworks. Maximum Points 20 Respondents use of "eco•friendly 3. (reworks described In Exhibit I, Scope of Services. � / J Maximum Points 10 Proposed Annual Contract 4. term fee: V L Maximum Points 30 (Print Name) Page i of 1 Date: tii 11 Procurement Division �(fv Evaluation 6130 Sunset Drive South Miami Scoring Sheet South Miami, Florida 33143 n1E QTV Or PLEASANT LIVING (305) 663-6339 XvWM..southmiam if_f gov RFP Tale: FIREWORKS DISPLAY -SERVICES RFP No.: PR2017-20 DIRECTIONS: Please score each firm, for each specific criteria provided. Scoring is based on each criteria listed below with a maximum score for each criteria. The total score for each proposer is calculated by addin each criteria for a total score 4 Rroposer. The maximum score total score for each proposer is 100 points. Respondents experience, qualifications, and past performance related to performing and providing I. fireworks display services or services L of a similar nature: Maximum Points 30 Relevant experience and j qualifications of key personnel. including Ivey personnel that will be 2 assigned to perform the shoot and the number of years' experience in handling and shooting fireworks. Maximum Points 20 Respondents use of "eco-friendly" fireworks as described in Exhibit I, 3. Scope of Services. Maximum Pointy 20 Proposed Annual Contract _ 4 term fee a- i Maximum Paints 30 Reviewed by: ,I.^ +;, A.'.. i I.1 L I �� ,..J/I ���- Date: (Print Name) (Signature) Page 1 of 1 iVA l If -w South Miami 119E OTV Or PLEASANT LIVING Procurement Division 6130 Sunset Drive Evaluation South Miami, Florida 33143 Scoring Sheet (305) 663-6339 www.southmiarnifl.gov RFP Title: FIREWORKS DISPLAY SERVICES RFP No.: PR2017-20 DIRECTIONS: Please score each firm, for each specific criteria provided. Scoring is based on each criteria listed below with a maximum score for each criteria. The total score for each proposer is calculated by adding each criteria for a total score by proposer, The maximum score total score for each proposer is 10 points Respondents experience, qualifications, and past performance related to performing and providing I. fweworks display services or services of a similar nature: Maximum Points 30 Relevant experience and qualifications of key personnel, including key personnel that will be 2' assigned to perform the shoot and the number of years' experience in handling and shooting fireworks. Maximmn Points 10 Respondents use eco-friendly" fireworks as described in Exhibit I, 3. Scope of Services. (. - - Maximum Points 10 Proposed Annual Contract 4 term fee: Maximtun Points 30 J :' U 0 Page 1 of 1 i9l Procurement Division f 6130 Sunset Drive Evaluation South Miami, Florida 33143 SouthMiami Scoring Sheet THE O Y OF PLEASANT LIVING (305 ) 663.6339 , wWsouthmiamifl.env RFP Title: FIREWORKS DISPLAY SERVICES RFP No.: PR2017-20 DIRECTIONS: Please score each firm, for each specific criteria provided. Scoring is based on each criteria listed below with a maximum score for each criteria. The total score for each proposer is calculated -by adding each criteria for a total score bypr000ser The maximum score total score for each proposer is 100 points av Respondents experience, qualifications, and past performance I. related to performing and providing fireworks display services or services of a similar nature: Maximum Paints 30 Relevant experience and qualifications of key personnel, including key personnel that will be 2 assigned to perform the shoot and 1 V (7 10 • i - L- v the number of years' experience in handling and shooting fireworks. Maximum Points 20 Respondents use of "eco-friendly" _ 3. fireworks as described in Exhibit I, Scope of Services. Maximum Points 20 Proposed Annual Contract 4. term fee: I , Maximum Points 30 9 17 i Reriewed:by: I(✓L.Yf- n e,(. (Print ame) J Page 1 of 1 1 ..x_- Date: 14 Procurement Division 6130 Sunset Drive Evaluation Florida 33143 SouthSouth Miami, Miami Scoring Sheet THE MY OF PLEASANT I.IVINO (305) 663-6339 wwvvsopth miiniFl. coy RFP Title: FIREWORKS DISPLAY SERVICES RFP No.: PR2017-20 DIRECTIONS: Please score each firm, for each specific criteria provided. Scoring is based on each criteria listed below with a maximum score for each criteria. The total score for each pr000ser is calculated by adding each criteria for a total score by proposer. The maximum score total score for each proposer is 100 points. 1 nM k frx LP �}S� I Y Respondents experience, qualifications, and past performance related to performing and providing I, fireworks display services or services J of a similar nature: Maxitmim Points 30 Relevant experience and qualifications of key personnel, including key personnel that will be 2 assigned to perform the shoot and the number of years' experience in handling and shooting fireworks. Maximum Points 20 Respondents use of "eco-friendly" fireworks as described in Exhibit 1, 3. Scope of Services. i.": v Maxinnim Points 20 Proposed Annual Contract 4. term fee: C' Maximum Points 30 Additional Total Score: ll l f:1 . Comments'. Rev'rewed.byr `f r r ♦ l i li l n 'C ('i t ,a. v _ • ,- Date: I", (Print Name) i (Signature) Page 1 of 1 15 r `f_ : Southkami THE Cm' or PLEASANT LIVING RFP Tide: RFP No.: Evaluation Scoring Sheet FIREWORKS DISPLAY Procurement Division 6130 Sunset Drive South Miami, Florida 33143 (305) 663-6339 www.south n tiamifi.eav DIRECTIONS: Please score each firm, for each specific criteria provided. Scoring is based on each criteria listed below with a maximum score for each criteria The total score for each proposer is calculated by adding each criteria for a total score by proposer. The maximum score total score for each proposer is 100 points .�.�°�:�f' •2'�' I�' ,��,,F•`x. r�"��s"S+ rJr�'�v �3 t p a � (� J I. 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OtiC- - Yoirrei8g111fad W. i'eruiri'en adtgewpe�adeopy �fyhkf!Oedee otl4y�attl.ta rha Cit1t i?lAk=' EffD..S?FSOM. r� 54 ss 99 pma Pf IL 000 . ov. Mall Oz zlil! MOO M, mor Z i; IM • ai- ow o1R "i Q Wr -N*g4O. - • l im: 71 W to op IAA 4 is 57 85 :41Av"dm I Im 69 MA E: A It � 3-1 0- 62 . 4 k -01. =11, &I I& "mt#00)- r'� as 0 INICAt...P..RGIPOSAL 64 .044 #W:S, le-VALU RffE I 0 woo-WRO-600, Aft"W O= rear �R . *4 UllM-lL=W 66 EXHOBOT6 CONTRACT Fireworks Display Services RFP #PR2017-20 THIS CONTRACT, entered into this Lday of V C 20_, by the CITY OF SOUTH MIAMI through its Manager, both of whom shall be hereinafter referred to as the "CITY" where appl"cave; located at 6130 Sunset Drive, South Miami, FL. , E-mail: salexander southmiamifl.eov and La �.S with tl office and principal place of business located at and E-mail address of 1 D e •(ALbrid Facsimile transmission number of (hereinafter called the "CONTRACTOR"). WITNESSETH: ')VP WHEREAS, the CITY is in need of Fireworks Display Services: and WHEREAS, the CITY desires to retain CONTRACTOR to provide the required goods and/or services based on CONTRACTOR's representations which reflect that CONTRACTOR Is qualified and capable of providing said goods and/or services In a professional and timely manner and in accordance with the CITY's goals and requirements; and WHEREAS, CONTRACTOR has agreed to provide the required goods and/or services in accordance with the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: 1) Engagement of Contractor: Based on the representations of CONTRACTOR as set out in the following "checked" documents the CITY hereby retains CONTRACTOR to provide the goods and/or services set forth in said proposal, quote or response to solicitation, whichever is applicable, as modified by the Contract Documents, or as is otherwise set forth In the Contract Documents defined below (all of which is hereinafter referred to as the Work"). (Check the box immediately preceding the document described below to indicate that such document is part of this contract) J Contractor's response to the CITVs written solicitation; Exhibit 3 and 4 2) Contract Documents: The Contract Documents shall include this Contract and the following "checked documents", as well as any attachments or exhibits that are made a part of any of the "checked documents". (check the box immediately preceding the document described below to indicate that such document is part of this Contract) Scope of Services; Exhibit 1. Contractor's response to the CITY's Bid Documents; Exhibit 3 and 4. CITY's Insurance & indemnification Requirements, Exhibit L This Contract and the General Conditions to Contract, Supplementary Conditions, the Solicitation, Scope of Services and "Other Documents", if any are "checked documents", shall take precedent over the response to the CiTY's Bid Documents, if any, or the proposal or the quote, if any. The "checked documents" are attached hereto and made a part hereof by reference. 3) Date of Commencement: CONTRACTOR shall commence the performance of the Work under this Contract a date to be specified in a Notice to Proceed, or Purchase Order, (hereinafter referred to as the "Work Commencement Date"). Time is of the essence. 4) Primary Contacts: The Primary Contact Person in charge of administering this Contract on behalf of the CITY is the City Manager ("Manager"), assistant Manager, or the Manager's designee, who shall be designated in a writing signed by the Manager. The Primary Contact Perso for C TI OR and his $�r, co� ormation is as follows: Name: VA pS4- Ui 1 e-mail: j�Aie ► 1i1 axc C I to St del Addr� 12(a ( N4) s �� 1a.�� � 3?ice 5) Scope of Services: The goods and/or services to be provided are as set forth in the "checked documents". 6) Compensation: The CONTRACTOR's compensation for CONTRACTOR's performance under the terms and provisions of this Contract (hereinafter referred to as the Contract Price) shall be as set forth in CONTRACTOR's response to the CITY's written solicitation or as set forth in, or modified by, one of the Contract Documents, whichever is applicable. 7) Hours of Work: In the event that this Contract requires the performance of services, it is presumed that the cost of performing the Work after regular working hours, and on Sunday and legal holidays, is Included in the Contract Price. However, nothing contained herein shall authorize work on days and during hours that are Thomas P. Pepe 1211412016 67 otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the City Manager, the Managers assistant or designee. 8) Time Provisions: The term of this Contract shall commence on the Work Commencement Date and shall continue for three (3) years and one (1) two (2) year renewal, solely at the discretion of the City Manager, or unless earlier terminated according to the Contract Documents. An extension of the term of this Contract is at the CITY's sole and absolute discretion. The contract may not exceed five (5) consecutive year 9) Termination: This Contract may be terminated without cause by the CITY with 30 days of advanced written notice. This provision supersedes and takes precedence over any contrary provisions for termination contained in the Contract Documents. 10) Applicable Law and Venue: Florida law shall apply to the interpretation and enforcement of this Contract. Venue for all proceedings shall be In Miami -Dade County, Florida. 11) Duties and Responsibilities: CONTRACTOR shall comply with all applicable laws, ordinances, codes, rules, regulations, and health and safety standards of any governmental body having jurisdiction over any matter related to this Contract or the goods and/or services to be performed hereunder, and shall commit no trespass on any private property in performing any of the work embraced by this Contract Each and every provision and/or clause required by law to be inserted in this Contract shall be deemed to be inserted herein and this Contract shall be read and enforced as though such provisions and/or clauses were included herein. 12) Change Orders: No additional Work or extras shall be done unless the same is duly authorized in writing and in advance of the work by appropriate action by the City Manager and in accordance with the Contract Documents. 13) Licenses and Certifications: Contractor shall secure all necessary business and professional licenses at its sole expense prior to executing this Contract or commencing the Work. 14) Insurance, lndernnifccation & Bonding: CONTRACTOR shall comply with the insurance, indemnification and bonding requirements set forth In the Contract Documents. 15) Jury Trial Waiver.. The parties waive their right to jury trial. 16) Entire Agreement, Modification, and Non -waiver. The Contract Documents constitute the entire agreement of the parties and supersedes any prior agreements, written or oral. The Contract Documents may not be modified or amended except in writing, signed by both parties hereto and if this Contract is required to be approved by the City Commission, all amendments thereto must be approved in the same manner and with the same formality as this Contract. The Contract Documents, in general, and this paragraph, in particular, shall not be modified or amended by any acts or omissions of the parties. No failure to exercise and no delay in exercising any right, power or privilege shall operate as a waiver. No waiver of the Contract Documents, in whole or part, including the provisions of this paragraph, may be implied by any act or omission. 17) Public Records: CONTRACTOR and all of its- subcontractors are required to comply with the public records law (s.119.0701) while providing goods and/or services on behalf of the CITY and the CONTRACTOR, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project and shall: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon. request from the public agency's custodian of public records, provide the public agency 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 in this chapter or as otherwise provided by law; (c) 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 CONTRACTOR does not transfer the records to the public agency: and (d) Upon completion of the Contract, transfer, at no cost, to the pubUc agency all public records in possession of CONTRACTOR or keep and maintain public records required by the public agency to perform the service. If CONTRACTOR transfers all public records to the public agency upon completion of the Contract, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of the Contract. CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records. in a format that is compatible with the information technology systems of the public agency. OF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 1199 FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLOC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 30S-663-6340; E-mail: mmenendez@southmiarnifl.gov; 6 0 30 Sunset Drive, South Miami, FL..33143. Thomas F. Pepe 1211412016 68 l 8) Background Screening. All personnel and volunteers that will provide any service with vulnerable persons, as defined in Section 435.02, Fla. Scat., involving the City or its Agency in such related activity or who may have access to secure or sensitive areas of the City, must be in compliance with Level II Background Screening and fingerprinting requirements as per, Florida Statute Ch. 435 prior to the scheduled start of any employee or volunteer. CONTRACTOR shall prevent any and all of its personnel, including volunteers, from engaging in any such related activities without having passed a background screening to the satisfaction of the City. A violation of this requirement shall constitute a substantial breach of this Contract. 19) Drug Free Workplace. CONTRACTOR shall comply with the Drug Free Workplace policy set forth in the City of South Miami's Personnel Manual which is made a part of this Contract by reference. 20) Transfer and Assignment. None of the work or services under this Contract shall be subcontracted or assigned without prior written consent from the CITY which may be denied without cause. 21) Notices. All notices given or required under this Contract shall be deemed sufficient if sent by a method that provides written evidence of delivery, Including e-mail and facsimile transmission and delivered to CONTRACTOR or his designated contact person. Return of mail, sent to the address contained herein for the parties or their contact persons, as not deliverable or for failure to claim the mail shall be deemed received on the date that the mail is returned to sender. IN lRrITi11ESS WHEREOF, the parties, have executed this Contract, on or before the date first above written, with full knowledge of its content and significance and intending to be legally bound by the terms hereof. Individual or s nam Witnessed: �. By: (name of sienatorvl ATTE.�ED: .� B Maria Menen City Clerk Read and Approved as to Form, Language, Legality and Execution Thereof: By: City Attorney Thomas F. Pepe 1211412016 C9Y-Q1fSOUTH MIAMI B1l• Seven Alexander Manager END OF SECTION F l- 'Lfieirm #his 70 71 MIAMI DAILY BUSINESS REVIEW Pulti+fished Daily except Saturcar, 5Jndav a-ld Legal Rot,rlays M13". M18Mr080e COurn) F,or.ca STATE OF FLORIDA COUNTY OF fAAN[I-DADE: Before the uncetsigned authority personally appeared JOHANA OLIVA. who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review flWa Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Wuami in Miarru-Dade County, Florida. that the attached copy of advertisement, being a Legal Advertisement of Notice ,n the matter of NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI -FEB 6 2018 in the XXXX Court was published in said newspaper in the issues of 01!26r2018 Alfiant further says inat the said Miami Daily Business P.eviev, is a newspaper published at Mtam:. in said Miami -Dade Co;tnty. Florida and that the said newspapet has Heretofore been cattinuousty published in said Wam•-Dace County Florida each day (except Saturday, Sunday and Legal Holidays) and has been enterec as second class marl matter at the post office in Miami ,n sale Miarn,-Dade Cowry, Florida for a period of one year next preceding the first Publication of the attached copy of advertisement. and athant further says that tie of She has neither paid nor promised any person, firm or corporation any dtsCduttl, rebate. commission of refund for the purpose of securing this advertisement nol dubhcation in the said newspape F. JOHANA OLIVA oersonally known to me BARBARATHOMAS ComatiskIn GC 121171 Expires Noversba 2, 2021 n y'�'••P,;;;.`M`'W SQndod Thru Troy Finn lnsumm CM36S•7o i'1 t 'OV7. A � ' VICORr'OR=0 t92i Zpt:t cow.OF s® 'mvm@ K90170N ff PUBL0r, HFMING NOT ICE IS HEREBY giver. that, the City Commission of the City o` South Miami, Florida will conduct Public Hearing(s) at its regular City Commission r-teeting scheduled for Tuesday, February 6. 2018, beginning at 7:00 p.m., itt the City Commission, Cnamterse, 613D Sunset Drive, to consider the follonving ,tefn(s):. A Resolution authorizing the City Manager to enter into. a multi -year contract wish tight F/X Pros, LLC for the -annual Fourth of .July fireworks display show. An- Ordinance amending the City of South Miami Code of Ordinances. Chaplet 8A, Section 8A-5 titled `Lobbyists; registration., reporting, fees, exemptions, expenditures, and penalties" to amend subsection (a) and to add a new suosection (n) regarding campaign consuftarrts. An Ordinance amending Section 20 3.3(E) of the City of Soutfr Miami Land Development Code permitting Outdoor Seating/Dining on all commercial properties that are within the Hometown district Overlay Zone (HD). An Ordinance amending the City's Land Development Code, Section 20-3 3(D) and Section 2G-7.12(A) and Section. 20-3.4(B), regarding restaurant uses. An Ordinance amending Section 213-2.3 (definittons) as yell as Sections 20-3.1(B) and 20-3.3(D) (relating to t'e purpose statement and uses peiTritted for the Parks and Recreation zoning district) of the City's slid Development Code. ALL interested parties are invited to attend and will be heard. For further infor a5on, please contact the City Clerk's Office at. 305-363-6340. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that ii a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter Considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. 1126 t 8-56/00002909471V, 72 t,J>rW lAli M lulu?w ,1myliwoc06t 5nr'rrt `mot •tom • :J � lutornp.,.w! • NEIGHBORS I CITY OF SOUTH MIAMI NOTICE OF GENERAL ELECTION NOTICE IS HEREBY GIVEN that pursuant to Article V. of the Charter of the City of South Miami, Florida. a General Election ror the City of South Mlhuni to elect a Mayor for a two (2) year term; a Commissioner trion Gioup I and,a Cc/mmissiuncr frown Orroup IV for a tour (4) yeiu• term has been called, to be held on Tuesday, February 13, 2018 from 7:1X) a.m. to 7:00 p.m.. in the City Ctlmmiosion (.1ambcrs. 6130 Sunset Drive. South Miami. FL 33143. NOTICE IS HEREBY GIVEN that there will be Early Voting held tin Saturday. February 11)t 21118 from 9:00 a.m. to 50) p.m. at the above location. lnyuirics can be Made by calling in the City Clcrk's ofTiLe at: 305=663-6341). Maria M. Menendez, CMC City -Clerk City of St tilh Miami J a;, e Yam• CITY OF SOUTH MIAMI COURTESY NOTICE TIII III IS 13FIM11Y rttra itLa thr lit. I:rtn»ustt re ttf 1hr Cite ul s,ault 16hisrl) n otkb,ti111r+hlutt r1011,1lr llrat!nn+•ral u! rrRrtlar t;nr f mtfminrat mrruo) vitrllukd fts TurLtlay. PeNttaer fL H)111. lerftmia� al 1!x►p.ta., of n!r ta. Gtlbmtrthat t]mnhy.. •:l )I1lwwt I hive. h. runAdrt Ilk- talM!.irl'. letw-): :1 araulaliwl oudt+sitatF tbr. I ItJ M:at>)tta b nfrt trem a tnalti•7cat L-mawt aid, Lida FIX Pro. 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Ck) Clad'%Ofrlrr as! 31h*61.61411 124SE 0, �'•/� MUNICIPAL CANVASSING BOARD SCHEDULE FEBRUARY 13, 2018 SOUTH MiAMI GENERAL ELECTION The City of South Miami Canvassing Board will convene at the Office of the Supervisor of Elections, 2700 NW 87th Avenue, Miami, Florida. The Canvassing Board is convening on these dates for the February 13, 2018 South Miami General Election. DATEMME ACTIVITY Monday. 2/5/18 1. Logic and Accuracy Test of the touch 10:00 a.m. screen and optical scan voting systems to be used for vote -by -mall. early voting and precinct ballots 2:00 p.m. 2. Public Inspection of vote -by -mall ballots Monday, 2112/18 1. Pre -count Logic and Accuracy Test of the 10:00 a.m. through optical scan system used for vote -by -mail Tuesday, 2/13/18 and provisional ballots to completion 2. Approval to commence vote -by -mall ballot opening, processing, and duplication 3. Vote -by -mail ballot opening and processing (as needed) 4. Duplication of ballots (as needed) Tuesday, 2/13/18 1. Canvassing of presumed invalid Canvassing: vote -by -mall ballots 5:00 p.m. to completion 7:00 p.m. to completion 2. Tabulation of results 3. Unofficial Results provided by the Supervisor of Elections Friday, 2/16/18 1. Canvassing of provisional ballots 10,00 a.m. to (as needed) completion 2. Certiffoation of Official Results, including provislonalsr by the Supervisor of Elections 3. Post -count Logic and Accuracy Test of the optical Seen system used for vote -by -mail and provisional ballots 4. Race and precincts) selection for manual post -election audit 5. Audit process starts to completion Mau: Mrn:rah'a. M. Canvassina Board Members r'hyr ink Josh Liebman. Commissioner 1'v.•1'Jr•'rr l�.,,k. Ct,.,r�a Irl.l.11h.11►t�Nl h"IrtY*d.e.rs AirrN.tr. lhst.rapna.a.!rid�►..S�Y•sl tm, dlu.t.•+Ir1lrM t%#0--td.Asrttt. Bob Welsh. Vice Mayor t t'•en....wYw +i•h teyn+ �..r.} +W*. em"J ,M i Ill aorta• + lve l j, hr.•t •rr r,rr un-t • trt W A 1" I., •n•.arp "1 d.N by Lwi . 1•t•^.: :Ift,w,.r•even?r.eJxrtw.artbAr••.lawt..�•�.!r•IMr,w,rnJ.ri-is rv0.•.4,fi1w..J .w.Ml.. tf: l.trr.w .rd...d�..Maria M. Menendez. CMG. FCRM. City Cfert( rr.y -M.� A- L/rPJ1 it Y.I•/ � IFtt NF. 121 NI /: fP 73