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Home My WebLink AboutCRA-R-21-0007 BackupBrandano Displays, Inc. Patrick J. Brandano Managing Partner Agreement # 208337 Addendum A February 5, 2020 Brian Zeltsman, RA Director of Architecture and Development SEOPW CRA 819 NW 2nd Avenue Miami, FL 33136 Re: Overtown CRA year-round lighting Dear Brian: I hope this letter finds you well. The purpose of this letter is to provide you with a design concept, product descriptions and pricing confirmation for year-round lighting through selected streets within the Overtown Business and Cultural district. Highlights of this proposal include the following: • Tree Lighting • Lighting for ornamental Poles • Full Service and Management Program for all lights and features. Proposed Concept, Plan and Approach For the Overtown Business and Cultural District we are using the following as key criteria for your design: • Provide an inviting visual presentation at all entrances • Create a well lighted streetscape encouraging pedestrian traffic • Enhance and bring attention to the improvements within the district • Blend a consistent theme representing cohesiveness between the Streets and Avenues • Provide a Spectacular Lighting experience at the pedestrian Mall • Nighttime Spectacle of light and design • Use of the most current and dramatic lighting technology 1473 Banks Road • Margate, Florida 33063 954.956.7266 • 800.777.6903 • Fax: 954.956.7256 • Cell: 954.461.6598 patbrandano@brandano.com www.brandano.com Brandano Displays, Inc. Page 2 Maintenance is a key criteria for the design, all the Blachere Brand LED products are proven and manufactured for use in high traffic urban areas. All the elements are being used without complications in the South Florida market with proximity to the beach areas. This is a full -service agreement where Brandano Displays provides the lights, weekly service and removal at the end of the agreement. All pricing is predicated upon a 36-month agreement. Unfortunately, the customization of the components and year-round use of the lighting does not allow us an economically feasible opportunity to recover our investment over a single season. Location and Product Description NW 2nd Avenue: NW 8th Street to NW 11th Street East Side Plaza 919 building between (NW 10th) to 8th Street: • 12 Small Oaks - 200 lights each • 2 - 30' Date Palms - 1000 lights each Annual Cost: $4,272.78 East Side of Lyric Theater Courtyard (NW 9th) to 8th Street: • 14 oaks at Lyric Theater- 7 at 400 and 10 at 600 lights Annual Cost: $5,152.47 West Side of Street (Red Rooster), From NW 10th to NW 8th Street • 3 large Oak trees - 2000, 600 and 400 lights respectively • 1 Royal Palm - 1000 lights Annual Cost: $2,513.40 1473 Banks Road • Margate, Florida 33063 954.956.7266 • 800.777.6903 • Fax: 954.956.7256 • Cell: 954.461.6598 patbrandano@brandano.com www.brandano.com Brandano Displays, Inc. Page 3 NW 3rd Avenue: NW 8th Street to NW 11th Street East Side of Avenue: • 16 Oak Trees at 800 lights each West side of street • 10 trees, 7 at 200 lights, 1 at 400 and 2at 800 lights Annual Cost: $10,179.27 NW 9th Street: NW 2nd Avenue to NW 3rd Avenue North Side of Street: • 12 Oak Trees, 7 at 1000 lights, 1 at 1200 and 1at 1600 lights • Power needs to be provided on each of the 4 purple light poles South side of street • 8 trees, 7 at 1000 lights and 1at 800 lights • Power needs to be provided on each of the 4 purple light poles Annual Cost: $11,058.96 Pricing Summary: The annual cost for the products and services described above is as follows: NW 2nd Avenue: NW 8th Street to NW 11th Street: $ 11,938 NW 3rd Avenue: NW 8th Street to NW 11th Street: $ 10,179 NW 9th Street: NW 2nd Avenue to NW 3rd Avenue: $11,058 Total $ 32,165 1473 Banks Road • Margate, Florida 33063 954.956.7266 • 800.777.6903 • Fax: 954.956.7256 • Cell: 954.461.6598 patbrandano@brandano.com www.brandano.com Brandano Displays, Inc. Page 4 Terms: Brandano Displays will enter into a full -service agreement for a term of 36 months, Brandano will provide, install and maintain the tree lighting for that term as proposed in this document. Brandano will retain title to the lighting and support equipment such as power distribution and remove these items as well as the lights at the end of the agreement term. Proposed payment terms are as follows: • $16,082.50 Due at signing of agreement • $16,082.50 Due at completion of the lighting installation (March 15) • $16,082.50 Due March 1, 2021 • $16,082.50 Due September 1, 2021 • $16,082.50 Due March 1, 2022 • $ 8,041.25 Due September 1, 2022 • $ 8,041.25 Due March 1, 2023 ( when lights are removed from the trees) The schedule can vary to accommodate the City purchasing procedures, but this is boiler plate that most cities use. Please feel free to contact me anytime with questions at my cell; (954) 461-6598. Email patbrandano(o)bra ndano.com Have a great day! Very truly yours, Patrick J. Brandano 1473 Banks Road • Margate, Florida 33063 954.956.7266 • 800.777.6903 • Fax: 954.956.7256 • Cell: 954.461.6598 patbrandano@brandano.com www.brandano.com Agreement No. 208337 Overtown CRA, Miami Service Agreement "Tree Lighting" Brandano Displays, Inc. Southeast Overtown/Park West 1473 Banks Road Community Redevelopment District Margate, FL 33063 819 NW 2„ d Avenue Miami, FL 33136 ("Brandano") (CRA) 1. Services Provided. Brandano will provide, install and maintain the Tree Lighting within the CRA District on as per attached Addendum A- Proposal letter Dated February 5, 2020. a. NW 2nd Avenue: 8th Street to NW 11 Street b. NW 3rd Avenue: NW8th Street to NW 11' Street c. NW 9th Street: NW 2nd Avenue to NW 3rd Avenue Services provided in this agreement can begin when the Agreement is signed, and the first payment is received. 2. Terms. The term of this Agreement is for 36 Months, March 1, 2020 through February 28, 2023 3. Payments. The CRA promises to pay Brandano the total sum of Ninety -Six Thousand Four Hundred Ninety -Five Dollars and No Cents ($96,495.00). This is exclusive of any applicable sales tax. At the time of this agreement the CRA is exempt by law regarding Sales Tax responsibility. However, if that exemption changes during the term of this agreement sales tax will be added to each payment. Lessee shall make payments according to the following schedule: o $16,082.50 Due at signing of agreement o $16,082.50 Due at completion of the lighting installation (March 15) o $16,082.50 Due March 1, 2021 o $16,082.50 Due September 1, 2021 o $16,082.50 Due March 1, 2022 o $ 8,041.25 Due September 1, 2022 o $ 8,041.25 Due March 1, 2023 (when lights are removed from the trees) 4. Assignment. Brandano hereunder may assign this agreement and all rights of Brandano without Lessee's consent. 5. Warranty. Brandano warrants that the CRA shall quietly enjoy use of the lights and they shall be free from defects. Brandano hereby assigns to CRA all of its rights and interest in any warranties of the manufacturer of lights or supplies. Brandano shall in no event be liable for consequential damages arising out of defects in any purchased goods. 6. Indemnity. Except as otherwise provided for herein, CRA shall indemnify and hold Brandano harmless to CRA's employees, agent, or other persons for any and all liability, claims, loss Page 1 2020 Overtown/Park West Tree Lighting Service Agreement Agreement No. 208337 or expense arising out of the selection, possession, operation, control, use, of lights, provided such liability, loss or claim is not a result of any act or omission of Brandano. 7. Location. These Tree Lights will be installed and in service within the district as of March 15, 2020 and will be maintained in the same location throughout the term of this agreement as per Addendum A. 8. Power. It is the responsibility of the CRA to provide adequate power to trees. 9. Ground Fault Interruption. There may be receptacles on city poles have GFI protection. These receptacles are necessary but are not necessarily compatible with tree lighting. After a rain or the sprinklers get the displays wet they trip. This is called a nuisance trip due to a collective loss of small amounts of current from all the sockets combined. Once the rain stops the lights will dry and the interrupter can be reset. However, the displays and lighting may go out during the rain period. 10. Site Preparation. Tree Trimming 11. Permits. CRA will obtain all necessary approvals from the city. 12. Storage. N/A 13. Hurricane Services. It will not be necessary to remove the Tree lighting for a named storm. Brandano will provide maintenance after the storm has passed. 14. 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. 15. 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 CRA becomes insolvent, or ceases to do business as a going concern; or makes 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. 16. Termination. CRA may expand the quantity of products and services from year to year at the pricing structure provided on Addendum A. Brandano may terminate its obligation to provide services to the CRA under this Agreement in the event CRA fails to pay Brandano in full any amount when due or otherwise breaches any term or condition of this Agreement. 17. Governing Laws. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Florida applicable to agreements made and to be performed entirely within such State, without regard to the conflict of law principles of such State. Page 2 2020 Overtown/Park West Tree Lighting Service Agreement Agreement No. 208337 22. Acceptance. This Agreement shall be effective upon its acceptance at Brandano's offices in the State Florida. Dated: By: Title: lbc �� Q S 1 C% C' ►� Braridan is lays, Inc. Dated: Title: Southeast Overtown/Park West Community Redevelopment District Page 3 2020 Overtown/Park West Tree Lighting Service Agreement