Reso 2026-3946 - Laserfiche WebLink

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Docusign Envelope ID: AB158799-C7BC-4838-B581-OC84CDE5OB97 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 2. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement, as well as the terms and conditions of the City of Pembroke Pines RFP No. RE-24-04, entitled "Vending Machine Services at Various Pembroke Pines Locations," Contractor's Proposal thereto, and the resulting contract dated June 25, 2024, which are specifically incorporated herein as Composite Exhibit "A" (hereinafter referred to as "Contract Documents"). 3. SERVICES. Contractor shall provide the services pursuant to the terms and conditions set forth in the Contract Documents at the following locations within the City: Government Center, Pelican Community Park, Samson Ocean Front Park, Heritage Park, Town Center Park, and The Spot (hereinafter referred to as "Services"). The Services shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to furnish all labor and material in a good and workmanlike and professional manner to perform Services. Contractor agrees to have a qualified representative to audit and inspect the Services provided on a regular basis to ensure all Services are being performed in accordance with the City's needs and pursuant to the terms of this Agreement and shall report to the City accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to the City's property, improvements, and persons. Contractor will require its employees to perform their work in a manner befitting the type and scope of work to be performed. In the event that the Contractor fails to complete the Services pursuant to the terms of this contract and City must undertake the completion of performance of Services, Contractor agrees to indemnify the City for all costs incurred with respect to the completion of those Services and any damages the City may suffer as a result of the Contractor's failure to perform the Services. 4. TERM. Subject to the provisions relating to the termination of this Agreement asset forth hereunder, the term of this Agreement shall commence upon execution of this Agreement by all Parties and shall expire on August 2, 2026. Prior to, or upon completion of the initial term, the City has the option at its sole discretion to renew this Agreement for two (2) additional two (2) year renewal terms. 5. COMPENSATION. In consideration for the City entering into this Agreement, which grants Contractor certain rights to provide the Services on City -owned property and receive resulting revenues, the Contractor shall pay to the City a license fee equal to 27% of the gross sales from all vending machines sales on City property in accordance with the terms and conditions outlined in the Contract Documents (the "License Fee"), which shall be payable on a monthly basis within thirty (30) calendar days following the end of each month. No amount shall be paid to Contractor to reimburse its expenses. Contractor shall generate and attach a gross sales report for every vending machine covered under this Agreement when submitting payment of the License Fee to the City. 6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent Contractor and shall be treated as such for all purposes. Nothing contained in this Agreement, or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent Contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in COMPASS GROUP USA, INC.