HomeMy WebLinkAboutItem 04 Approval of Contract for City Hall & Maguire House Holiday Decorations
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: November 5, 2024
Item #: 4
Contact Name: Mark Johnson Department Director: Mark Johnson
Contact Number: Ext. 5002 City Manager: Craig Shadrix
Subject: Approval of Contract for the City Hall and Maguire House Holiday Decorations.
(Parks and Leisure Services Director Johnson)
Background Summary:
The Parks and Leisure Services Department has funds budgeted in Fiscal Year 2024/2025 to decorate City
Hall and the Maguire House for the holiday season. City staff would like to have the holiday lights and decor
installed prior to Thanksgiving.
City staff spoke with several contractors and ultimately selected St. Nicks Christmas Lighting & Decor who
provided the installation of decorations for City Hall and the Withers-Maguire House in 2023. To guarantee no
increase in yearly costs and the installation of the decor prior to Thanksgiving week, the city would like to enter
into a three-year contract with St. Nicks Christmas Lighting & Decor. To enter into the three-year contract, it
will require the purchasing code to be waived.
Issue:
Should the Honorable Mayor and City Commissioners waive the purchasing requirements to allow Parks and
Leisure Services to enter into a three-year agreement with St. Nicks Christmas Lighting & Decor?
Recommendations:
Staff recommends the Honorable Mayor and City Commissioners waive the purchasing requirements to allow
Parks and Leisure Services to enter into a three-year agreement with St. Nicks Christmas Lighting & Decor.
Attachments:
1. Agreement
Financial Impacts:
St. Nicks Christmas Lighting and Decor costs are $47,375.90, budgeted in the Fiscal Year 2024/2025 budget.
The holiday decorations are budgeted in accounts 001-572-10-3400 and 317-572-00-5900.
Type of Item: Consent
T&G Global, LLC | DBA St. Nick’s Christmas Lighting & Décor
6861 Walker Street, La Palma, CA. 90623 | (562) 438-0017 | St-Nicks.com
License #990427
October 25, 2024
Dan Abdo
Parks Operations Manager
City of Ocoee
1 Bluford Avenue
Ocoee, Florida, 34761
DAbdo@ocoee.org
(407) 877-5803
RE: 2024 Contract Extension for City of Ocoee Holiday Décor
Dear Dan,
Thank you for the opportunity to provide Christmas displays for the Christmas season at City of
Ocoee. Attached is the contract. Please initial the service box on Page 3, sign the last page, and
email it back to me.
If you have any questions or concerns, please do not hesitate to call.
Sincerely,
Daniel Christenson,
Director of Sales
Enclosure
T&G Global, LLC | DBA St. Nick’s Christmas Lighting & Décor
6861 Walker Street, La Palma, CA. 90623 | (562) 438-0017 | St-Nicks.com
License #990427
Page 2
CITY OF OCOEE
2024 CONTRACT
HOLIDAY DÉCOR
A) Nature of and Limitations on Services
City of Ocoee (“City of Ocoee” or “Client”) hereby engages T&G Global, LLC (T&G) d/b/a
St. Nick’s Christmas Lighting & Décor (St. Nick’s) to install, remove and store Christmas
decorations.
T&G has not undertaken nor is T&G required to make any independent investigation or
verification of the information (either written or oral) supplied by the Client. As such, T&G
has relied on documents and other information furnished to us by the Client and personnel in
developing its scope of work detailed in the Proposal.
B) General Description of Services and Limitations on Liability
T&G will install Christmas displays, remove them after the season, and store the decorations
until the next installation. The complete list of decorations to be installed and removed is
detailed in ADDENDUM A below. Please note that the decorations are the property of T&G
and T&G will retain ownership of all decorations that it installs for the Client. However, it is
understood that any lights or decorated owned by the Client which the Client wishes for T&G
to use will remain the property of the Client. It is further understood that T&G will not be liable
for replacing any of the Client’s property that it may damage.
It is agreed that T&G will not be liable to the Client, or to anyone who may claim any right
due to its relationship with the Client, for any acts or omissions or alleged acts or omissions in
the performance of services by us to or for the Client, except where T&G’s acts or omissions
are due to T&G’s willful misconduct or gross negligence. T&G shall not be responsible for
losses suffered by Client or other persons on the Client’s property for inconvenience, personal
discomfort, or temporary loss of use or enjoyment of the Property as a result of Client’s
decision to engage T&G’s services hereunder, or for damages to person or property resulting
directly or indirectly from causes beyond T&G’s control. In addition, and without limiting the
foregoing, the Client will hold T&G and its shareholders, officers, directors and employees
(collectively, "T&G"), free and harmless from and shall defend and indemnify T&G from any
and all liabilities, damages, losses, judgments, claims, actions and lawsuits arising out of or
connected in any way with services rendered by T&G to the Client. Any liability of T&G,
including liability for damages, costs, and/or expenses of any kind, shall not exceed the
compensation received by T&G under this Contract during the year in question. This obligation
will survive the termination of T&G’s contract with the Client and will be binding on the
Client's successors and assignors.
T&G Global, LLC | DBA St. Nick’s Christmas Lighting & Décor
6861 Walker Street, La Palma, CA. 90623 | (562) 438-0017 | St-Nicks.com
License #990427
Page 3
C) Scope for Each Installation, Installation Dates, Client’s Responsibilities
Scope of Installation: T&G will install, decorate, remove the following decorations:
See ADDENDUM A.
Installation Date: T&G will do its best to complete the installation on: “November 6th, 2024”.
However, installations may be delayed for reasons beyond T&G’s control, including but not
limited to: denial of proper access to installation spaces; electrical deficiencies at the project
site; and, unsafe, inclement weather for outdoor installations. Installation dates are based upon
a reservation system especially during peak season. It is recommended that Client confirm the
start dates as soon as possible to secure the dates.
Installation Methods: T&G will likely use bolts, cables, staples, hooks, screws, glue or similar
devices that are commonly used in installations. T&G will use reasonable efforts to avoid
damage to Client’s property, but T&G will not be responsible for any damage resulting from
the reasonable use of these attachment devices or for the removal of them. For areas that do
not have power receptacles, it is the Client’s responsibility to provide the electrical source for
the displays.
Client’s Responsibilities At the time each installation is completed, the Client shall conduct a
visible inspection to determine that the job was completed in accordance to the agreed upon
work assignment. Should the Client discover any problems, Client shall inform T&G within
24 hours. T&G will return to the job site and correct any agreed upon problem. After 24 hours,
all installation services will be deemed as performed in an acceptable manner. Client is
responsible for any missing or damaged rental lights and/or decorations are removed.
D) Fee Schedule
Detailed below are the fees for our services. Please initial in the space below.
Service Fees
Amount Initials
2024 (Holiday Décor):
1. See addendum A for rental, installation, removal
services
2. Total
$47,375.90
$47,375.90
[ ]
[ ]
T&G Global, LLC | DBA St. Nick’s Christmas Lighting & Décor
6861 Walker Street, La Palma, CA. 90623 | (562) 438-0017 | St-Nicks.com
License #990427
Page 4
Deposits: A 50% deposit is required for each year of the contract, and the deposits paid will
be reduced from the amounts owned by the Client under this contract. The 2024 deposit is
required upon signing the contract.
Additional Work: In the event the Client desires to have additional work performed, the Client
should request a written quote for additional charges for the additional work. The client agrees
to pay for the agreed additional services on the payment terms above.
Additional Fees & Expenses: In addition to the above fees for each review, the following fees
and expenses may occur:
• Service Call: Faulty electrical outlets, test reset switches or GFIs or main breaker trips will
be subject to a service call fee as they can be simply reset on Client’s end and will be
subject to a $250 service trip charge.
• Meetings: For each installation, T&G will conduct an Entry Meeting and an Exit Meeting.
In addition, T&G personnel may initiate meetings throughout the installation in order to
discuss specific topics or issues that may arise. The above stated fees include the following
meetings: Entry Meeting (2-4 hours); Exit Meeting (1 hour); and discussions during the
onsite portion of the review that are initiated by T&G personnel. If additional time is
warranted for the Entry Meeting or the Exit Meeting, or if the Client’s personnel initiate
additional meetings or discussions, T&G will be compensated for the additional time.
Compensation will be based on the following rates:
o T&G Management = $125 / hour.
o T&G Staff Personnel (Crew Chief, Installers) = $65 / hour.
• Time Required Outside of Installation: If there are instances, in which T&G personnel are
required to be on the assignment and T&G personnel are not allowed to perform the
installation services due to the Client not providing access to the installation areas or
requiring that work not be performed due the needs of the Client, then an hourly fee will
be assessed to the Client for their time (i.e. waiting time or travel time). Compensation will
be based on the following rates:
o T&G Management = $100 /hour.
o T&G Staff Personnel (Crew Chief, Installers) = $50 /hour.
• Insurance Coverage & Bonds Requested by Client: Should the client request any changes
to T&G’s insurance coverage and/or bonds (subrogation, added loss payee, performance
bond, payment bond), then the cost of those items will be passed on to the client at cost
plus 10%, however, a minimum fee of $350 will be charged.
T&G Global, LLC | DBA St. Nick’s Christmas Lighting & Décor
6861 Walker Street, La Palma, CA. 90623 | (562) 438-0017 | St-Nicks.com
License #990427
Page 5
Billings: Final billings will be submitted upon the completion of each installation. Reasonable
expenses associated with each service will also be charged and may include such items as:
copying; binding; postage; travel; and parking. All invoices are due upon presentation. Any
outstanding amount more than thirty (30) days will be charged a 1.5% fee per month until paid.
Attorney fees associated with the collection of any past due amount will be added to the amount
owed by the bank.
E) Contract Commencement, Expiration and Option to Extend
1. Commencement: This engagement letter commences with the signing of this engagement
letter.
2. Expiration: This contract is effective until January 31, 2027.
3. Option to Extend: Client may extend this contract for 2 additional years at the 2024 price
plus 5% each year.
F) Limited Warranty
T&G provides a limited warranty for rental lights and equipment. T&G warrants its rental
Christmas tree, lights, decorations and equipment from defects so that all lights, decorations and
equipment will be operational at the time the job is completed. T&G exercises appropriate care
when installing the trees, lights and decorations and does not anticipate any problems. However,
due to the nature of lighting being inside or outside, T&G cannot guarantee the lighting to work
throughout the season. If lighting is warranted, we will dispatch a crew to repair lighting within
72 hours of contact. T&G will return to repair lighting problems that are the result of its work. For
problems that are caused by the Client or outside the fault of the Client, the Client will be charged
for damaged product and billed our normal retail price for replacement, and for services related
thereto, including damages caused by weather conditions, gardeners, children, vandals or similar.
Faulty electrical outlets, test reset switches or GFIs or main breaker trips will be subject to a service
call fee – please refer to the Billing section of this contract. LED technology is changing rapidly.
LEDS are made in lots and sorted into bins base on wavelength ranges that achieve colors. Products
ordered at different times may not have the same color appearance due to variations.
Client’s Lights, Decorations and Equipment: T&G does not warranty any lights, decorations or
equipment provided by the customer. T&G will conduct a physical inspection of Client’s lights
and equipment and if it is observed that the Client’s lighting or equipment is not working, the T&G
will notify the Client of the charge to repair or replace the problem items. St. Nick’s may provide
a new quote to repair the lighting, upon discretion.
T&G Global, LLC | DBA St. Nick’s Christmas Lighting & Décor
6861 Walker Street, La Palma, CA. 90623 | (562) 438-0017 | St-Nicks.com
License #990427
Page 6
G) Miscellaneous
Hiring Employees: The Client and T&G agree that if the Client hires an employee, officer or
other staff (“employee”) of T&G it will pay T&G an amount equal to 40% of the first years’
salary and bonus paid to the employee. This provision is effective during the term of this
agreement and for one year after its expiration or termination. Payment will be due on the date
the employee starts work and any additional payment (i.e. bonus, salary increase, or similar
payment) will be paid whenever it is received by the employee. In addition, and in order to
avoid any appearance of a conflict of interest, the Client will not conduct any employment
interview, make any offer of employment, or indicate in any way to an employee that the Client
may wish to hire them until after each year’s installation.
Confidentiality: T&G and the Client agree to the following:
1) Neither party shall use or disclose to any person, except its respective employees,
independent contractors, and other representatives having a specific need to know in
performance of their work or as permitted by law, the terms of this Agreement or any
proprietary or confidential Information of one party disclosed to the other under this
Agreement. For the purpose of this Agreement, proprietary or Confidential Information
shall not include information which is or becomes:
a) part of the public domain without violation of this Agreement;
b) known by the receiving party prior to disclosure by the disclosing party;
c) rightfully received by the receiving party from a third party having the right to disclose
such information; or,
d) developed by the receiving party independent of the disclosing party's otherwise
proprietary or Confidential Information.
2) T&G will not provide to third parties for marketing purposes, Confidential Information
delivered to it under this Agreement except as authorized by the Client. This Agreement
does not apply to disclosures of nonpublic personal information in the following instances:
a) To assist in protecting against or preventing actual or potential fraud or unauthorized
transactions; and,
b) To comply with Federal, State, or local laws, rules and other applicable legal
requirements; to comply with a properly authorized civil, criminal or regulatory
investigation, or subpoena or summons by Federal, State or local authorities; or to
respond to judicial process or government regulatory authority having jurisdiction over
a financial institution for examination, compliance or other purposes as authorized by
law.
3) T&G has implemented and will maintain an Information Security Program to protect
nonpublic personal information provided to T&G, and the program includes
T&G Global, LLC | DBA St. Nick’s Christmas Lighting & Décor
6861 Walker Street, La Palma, CA. 90623 | (562) 438-0017 | St-Nicks.com
License #990427
Page 7
administrative, technical, and physical safeguards. The information security measures are
designed to:
a) Protect the security and confidentiality of client confidential information;
b) Protect against any anticipated threats or hazards to the security or integrity of such
client information;
c) Protect against unauthorized access to or use of such client records and information
that could result in substantial harm or inconvenience to the Client;
d) Provide response programs to address incidents of unauthorized access to the Client’s
information; and,
e) Ensure the proper disposal of client information.
4) T&G will monitor compliance with these safeguards as appropriate.
5) Upon termination of this Agreement, T&G may retain, in a secured manner, copies of data
required for archival or audit purposes, or as required by law.
Right to Refuse Service: St. Nick’s retains the right to refuse service for reasons inconsistent
with public policy.
Reservation of Intellectual Property: Intellectual Property includes (but is not limited to)
installation designs, artistic renderings, unique installation methods, procedures, and processes
created by and utilized by T&G. T&G’s Intellectual Property is not licensed under this
Agreement and is retained by T&G. Any use of T&G’s Intellectual Property by the Client is
forbidden. Should the Client use T&G’s intellectual property, then the Client will pay T&G
the amount of the fees associated with the intellectual property.
Client Contact Person: The Client will provide the names, email addresses, office telephone
numbers, and cell phone numbers of the Primary Contact Person and a Back-up Contact Person
when the signed contract is returned to T&G. In addition, the Client will inform T&G as soon
as possible of many changes to the contract persons.
Material Change in the Physical Installation Locations and Other Significant Changes to
Performing work under this contract: The Contact Person will be responsible for informing
us of any material change to the installation areas, new installation locations, altered
areas/locations, and/or structural changes (collectively “material change”) related to the areas
that T&G is to perform its installations. This is to ensure that T&G properly plans and manages
the installations. Should any material change occur, then the scope of the services may need
to be changed and so may the cost. Therefore, once T&G has been informed of (or T&G
discovers) a material change, T&G will then review the scope and if a change in scope is
needed, T&G will then inform the Contact Person so that any changes can be approved.
T&G Global, LLC | DBA St. Nick’s Christmas Lighting & Décor
6861 Walker Street, La Palma, CA. 90623 | (562) 438-0017 | St-Nicks.com
License #990427
Page 8
Dispute Resolution:
• MEDIATION – In the unlikely event that a dispute arises out of this engagement and it
cannot be settled through negotiations, Client and T&G agree to try in good faith to settle
the dispute by non-binding mediation administered by the American Arbitration
Association under its mediation rules before resorting to litigation. Both parties shall share
mediation costs equally.
• JURY TRIAL – In the unlikely event that differences concerning T&G’s services or fees
arise between us that are not resolved by mutual agreement or mediation, Client and T&G
agree to waive a trial by jury to facilitate judicial resolution and save the time and expense
of both parties.
• ATTORNEY’S FEES – In any dispute between the parties arising out of this agreement,
the prevailing party shall have the right to collect from the other party its reasonable costs
and necessary disbursements and attorneys' fees incurred in enforcing this agreement.
Enforcement: If any of the provisions of this Contract shall be held to be indefinite, invalid,
illegal or otherwise unenforceable, in whole or in part, for any reason, by any court of
competent jurisdiction, the remainder of the provisions of this Contract shall continue in full
force and effect and shall be construed as if such indefinite, invalid, illegal or unenforceable
provision had not been contained herein.
Consistency: In the event of any inconsistency between the Proposal and these Terms and
Conditions, these Terms and Conditions will control.
Limited Offer: If this Proposal is not signed and accepted within 30 days, this proposal must
be reissued by T&G.
COVID-19: Should the client be closed due to a public safety order between the scheduled
installation and removal of the holiday decorations, or should St. Nick’s not be able to perform
the installation due to a public safety order, then any money deposited will be applied to future
work. Once the decorations are installed, then the normal contract provisions should be in
force. Should the removal of the decorations be delayed due to a public safety order, then the
decorations will be removed once the public safety order in no longer in effect and the client
schedules their removal with St. Nick’s.
The foregoing has been confirmed and agreed by:
T&G Global, LLC | DBA St. Nick’s Christmas Lighting & Décor
6861 Walker Street, La Palma, CA. 90623 | (562) 438-0017 | St-Nicks.com
License #990427
Page 9
T&G Global, LLC
6861 Walker Street
La Palma, CA 90623
City of Ocoee
1 Bluford Avenue,
Ocoee, FL 34761
Signature:
Signature:
Printed
Name:
Daniel Christenson
Printed Name:
Title: Director of Sales Title:
Date: October 28th, 2024 Date:
T&G Global, LLC | DBA St. Nick’s Christmas Lighting & Décor
6861 Walker Street, La Palma, CA. 90623 | (562) 438-0017 | St-Nicks.com
License #990427
Page 10
ADDENDUM A