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Reso 2017-2686
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Reso 2017-2686
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Last modified
5/30/2017 3:40:16 PM
Creation date
5/9/2017 2:58:42 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2017-2686
Date (mm/dd/yyyy)
04/20/2017
Description
Awd RFP 17-03-01, Neg. & Enter Into Agmt w/Bettoli Vending for Vending Svcs.
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br /> (305) 947-0606 phone (305) 949-3113 Fax <br /> at the Pelican Community Park location, specifically in cooperation with the contractor. <br /> Violations of the healthy product requirements may result in the termination of this contract. The <br /> locations for the vending machines shall be as described in Attachment "B", which is attached <br /> hereto and incorporated herein by reference. <br /> 3. TERM. The term of this Agreement shall commence upon execution of the agreement, <br /> and shall terminate no later than 1 (one) year thereafter, subject to the City's ability to terminate <br /> earlier in accordance with Section 10 of this Agreement. <br /> 4. OPTIONS TO RENEW. Prior to, or upon completion of the initial one (1) year term, <br /> the City shall have the option at its sole discretion to renew this Agreement for an additional four <br /> (4) one (1) year renewal terms. <br /> Exercising the option to renew is at the sole discretion of the City. Costs for any extension terms <br /> shall be subject to an adjustment only if increases or decreases occur in the industry. Such <br /> adjustment shall be based on the latest yearly percentage increase in the All Urban Consumers <br /> Price Index (CPI-U) as published by the Bureau of Labor Statistics, U.S. Department of Labor, <br /> and shall not exceed five percent (5%). <br /> 5. COMPENSATION. The City shall receive twenty one percent (21%) monthly <br /> percentage of sales made by Contractor, in addition to sponsorship of items as more particularly <br /> set forth in Attachment "A". <br /> 6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an <br /> independent contractor and shall be treated as such for all purposes. Nothing contained in this <br /> agreement or any action of the parties shall be construed to constitute or to render the Contractor <br /> an employee, partner, agent, shareholder, officer or in any other capacity other than as an <br /> independent contractor other than those obligations which have been or shall have been <br /> undertaken by the City. Contractor shall be responsible for any and all of its own expenses in <br /> performing its duties as contemplated under this agreement. The City shall not be responsible for <br /> any expense incurred by the Contractor. The City shall have no duty to withhold any Federal <br /> income taxes or pay Social Security services and that such obligations shall be that of the <br /> Contractor, other than those set forth in this agreement. Contractor shall furnish its own <br /> transportation, office and other supplies as it determines necessary in carrying out its duties <br /> under this agreement. <br /> 7. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any <br /> work being performed under this Agreement, procure and maintain the following minimum <br /> insurance coverages to protect the City and Contractor against all loss, claims, damage and <br /> liabilities caused by Contractor, its agents or employees, as more particularly set forth below: <br /> (a) General liability insurance with limits of One Million Dollars <br /> ($1,000,000.00) combined single limit occurrence. Coverage must be afforded on <br /> a form no more restrictive than the latest edition of the Comprehensive General <br /> C1617-070 - BETTOLI TRADING CORPORATION D/B/A BETTOLI VENDING Page 2 of 9 SIB <br />
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