10-02-07 Item 5South Miami
All- Americac"
CITY OF SOUTH MIAMI 11111,
' 927 OFFICE OF THE CITY MANAGER
koete
INTEI' - OFFICE MEMORANDUM 2001
To:
Via:
From:
Date:
Subject:
The Honorable Mayor Feliu and Members of the City Commission
Yvonne S. McKinley, City Manager
W. Ajibola Balogun, REM, CFEA, Director
Public Works & Engineering Department
45 Agenda Item No.:
October 2, 2007
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 $39,070 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 $39,070.
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 Dorn Avenue. As with past years, the
installation will be completed early enough to allow illumination beginning October 31, 2007
(Halloween) through the winter season. It is our intent to "piggyback" on the attached City of
Marathon's agreement for the services.
Cost: $39,070.00
Funding Source: Public Works Department's account number 001 - 1710 -519 -3450 with
account balance of $49,778 before this request.
Backup Documentation:
• Proposed Resolution
• Brandano :Displays' agreement with City of Marathon
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
RESOLUTION NO.:
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
$39,070 TO BE CHARGED TO THE PUBLIC WORKS DEPARTMENT ACCOUNT
NUMBER 001 - 1710 -519- 3450;13ROVIDING 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 $39,070 to be charged to account number 001 -1710-
519- 3450, with account balance of $49,778, 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 $39,070 to be charged to account number
001 - 1710 -519 -3450, with account balance of $49,778, before this request.
Section 2. The attached exhibit is incorporate by reference into this resolution.
PASSED AND ADOPTED this _ day of October, 2007.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
Luis R. Figueredo,
Nagin Gallop & Figueredo, P.A.
Office of City Attorney
Include File Name and Path
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
ran n® Displays, Inc.
Description of Products and Services
Tree Likhtin
We propose to illuminate the trees in the Sunset Drive Business District with Clear
miniature lights densely wrapped on all the branches the same as was installed in 2006.
Powering the trees and maintenance once the lights are installed will be the responsibility
of the city. ,
The components of the job are itemized for your convenience:
1,500 Sets of miniature lights, clear, commercial - grade, $10,115.00
Long -life, super - bright, 5" spacing,
Installation of miniature lights on the trees. $ 27,455.00
Equipment rental. $ 1,500.00
Total Price of Tree 111lumiination. $ 39,070.00
PQ Pox 6671.08 - Pompano Beach, Florida 33066
954.956.7266 • 800.777.6903 Fax:: 954.956.7256
displays @brandano.com
09/13/07 THU 14:02 FAX 3154690367 BRANDANO DISPLAYS
Agreement No, 078 196
LEASE AND INSTALLATION AGREEMENT
Brandano Displays, Inc.
1280 NW 22" Street
Pompano Beach, FL 33069
( "Brandano'')
City of Marathon
10045 -55 Overseas Highway
Marathon, Florida 33050
("Lessee")
1. Decorations Lensed. 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 on the attached Addendum A.
2. Terms. The term of this Agreement is for five (5) Holiday Seasons (2007,
2008, 2009, 20 1. 0 and 2011).
3. Payments. Lessee promises to pay Brandano the total sum of Ninety-Nine
Thousand, Five Hundred Dollars (99,500.00) in rental /installation payments.
This is exclusive of any applicable sales tax. Lessee shall make payments
according to the following schedule:
Payment $19,900.00
Due
December 1, 2007
$19,900.00
Due
December 1, 2008
$19,900.00
Due
December 1, 2009
$19,900.00
Due
December 1, 2010
$19,900.00
Due
December 1, 2011
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.
[a 002
09/13/07 THU 14:02 FAX 3154690367 BRANDANO DISPLAYS a 003
Agreement No. 078196
6. Assignment. Brandano hereunder may assign 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.
7. Compliance with Laws. Lessee shall use the Decorations in a careful
manner in conformity with all governmental laws, ordinances, regulations,
requirements, and rules.
B. Warranty_ Brandano warrants that Lessee shall quietly enjoy use of the
Decorations and the Decorations shall be free from. defects. Lessee has
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 decoration:;
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 indemnify
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. lrandano will install, remove, store, refurbish, and insure
as further described below the Christmas Decorations specified in Addendum
A of this Agreement for the full term of this Agreement.
12. Location. These Decorations will be installed as per an. approved plot plan to
be developed for the project and mutually acceptable to bath 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 S each Season. .Brandano and Lessee may mutually agree upon
earlier removal dates.
09/13/07 THU 14 :03 FAX 3154690367 BR.ANDANa DISPLAYS
Agreement No. 078196
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-
18. 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
he deemed inapplicable and deemed emitted 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 item; 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.
Brandano .Displays, Inc.
( "BRANDANO ")
y;
Title::
Dated:
City of Marathon
("LESSEE")
Dated:
r�
2004