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HomeMy WebLinkAboutReso 2019-2926 RESOLUTION NO. 2019 - 7'1 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A SECOND AMENDMENT TO THE AGREEMENT WITH SHORTY'S BAR-B-Q FOR CATERING SERVICES, IN AN AMOUNT NOT TO EXCEED THIRTY-TWO THOUSAND THREE HUNDRED SEVENTY DOLLARS ($32,370.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION;‘PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on February 8, 2017, the City issued and advertised Request for Proposals ("RFP")No. 17-02-01 for Catering Services for the City's Anniversary for which two(2)responses were received; and WHEREAS,on April 13,2017,and after careful consideration and review,the City awarded RFP No. 17-02-01 to, and entered into an agreement with, Shorty's Bar-B-Q, Inc. for Catering Services for the City's anniversary celebration, in an amount not to exceed $32,370.00; and WHEREAS,on February 13,2018,the City issued Purchase Order No. 18-00776 to Shorty's Bar-B-Q,Inc. to provide catering services for the City's 21'Anniversary,in an amount not to exceed $32,370.00; and WHEREAS, on March 21, 2019, the City Commission ratified a First Amendment to the Agreement with Shorty's Bar-B-Q,Inc.,which exercised its first of four(4)renewal options to renew the agreement for catering services, in an amount not to exceed $32,370.00, bringing the total contract amount not to exceed $64,740.00; and WHEREAS, the City wishes to exercise its second one-year renewal option to cover the City's 22nd Anniversary event on June 16, 2019; and WHEREAS, Shorty's Bar-B-Q has expressed the ability and desire to provide the services subject to the terms and conditions contained in its proposal; and WHEREAS, the City now wishes to approve a Second Amendment to the Agreement with Shorty's-Bar-B-Q,Inc. for Catering Services,exercising its second of four(4)renewal options,in an amount not to exceed Thirty-Two Thousand Three Hundred Seventy Dollars($32,370.00);attached hereto as Exhibit"A",bringing the total contract amount not to exceed Ninety-Seven Thousand One Hundred Ten Dollars ($97,110.00). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: R2019 Second Amend to Shortys Catering Srvs City Anniversary Page 1 of 2 Section 1. Approval of Second Amendment. The City Commission hereby approves the Second Amendment to the Agreement with Shorty's Bar-B-Q,Inc. for Catering Services,in an amount not to exceed Thirty-Two Thousand Three Hundred Seventy Dollars ($32,370.00); attached hereto as Exhibit"A",bringing the total contract amount not to exceed Ninety-Seven Thousand One Hundred Ten Dollars ($97,110.00). Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said amendment to the Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 21' day of a h 2019. George Scholl, Mayor AT E. : •__ Maurieio Be6n6r, CMC, City Clerk r 1 xji'APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Julia Gracho , Interim City Attorney Moved by: C041 of-b Seconded by: aMMttcYkAZ- ""E01- 4 Vote: Mayor Scholl ___g (Yes) (No) Vice Mayor Svechin (Yes) (No) Commissioner Goldman (Yes) (No) Commissioner Lama (Yes) (No) Commissioner Viscarra 1 (Yes) (No) R2019 Second Amend to Shortys Catering Srvs City AnniyCfsary Page 2 of 2 „NYCity of SunnyOsDes Beach r .--vel .; 18070 Collins Avenue ;;a1, ►, -a Sunny Isles Beach, Florida 33160 y, ;.9), �4 y4,! (305)9474606 City Hall r,0F suK' (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Sylvia Flores, Cultural & Community Services Director DATE: 3/21/2019 RE: Second Amendment to the Agreement with Shorty's BBQ for Catering at the City's 22nd Anniversary RECOMMENDATION: that the CityCommission approve this Second It is recommended pp Amendment to the Agreement with Shorty's Bar-B-Q. REASONS: In April 2017, the City issued Request for Proposal 17-02-01 for catering services for the City's Annual Anniversary Celebration. Shorty's Bar-B-Q Inc. was the lowest responsible, responsive bidder and was awarded the bid. An agreement was entered into with Shorty's for an initial term in 2017, with four optional, one-year renewal terms. We have been pleased with their performance, and the quality of food provided, and therefore, recommend exercising our second of four options to renew. ADDITIONAL INFORMATION: In total, after utilizing Shorty's services in 2017 and 2018, we spent $64,740.00. Exercising our option to renew this year, will bring the total amount spent with this vendor to $97,110.00. A separate item has presented to the City Commission to retroactively approve last year's expense, which took the amount over$50,000 for the two years (2017- 2018). 30 FUNDING SOURCE: This item is budgeted for in the CCS budget, under Contracted Services-Special Events, 001-6-5730-431000-60833. ATTACHMENTS: Description Resolution Second Amendment Item Number: 10.B. , .„„ , • . . 0 . ' , . 31 SV p1NY i3CF O F \ Pf vi0SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND SHORTY'S BAR-B-Q, INC., �F'�'• TSv CONTRACT NO. 4342-018 'NO fir.OF SUN This Second Amendment to the Agreement between the City of Sunny Isles?each("City") and SHORTY'S BAR-B-Q,INC., ("Contractor") executed this VA day of �O( 9 , 2019, is made a part of the original Agreement ("Agreement") dated April 13:t Contract No. -C4342-1614=055,between the City and Contractor attached and hereto as Attachment"A",whose Federal Identification# is 59-2008906. The City and Contractor hereby agree as follows: 1. -sOPTION TO RENEW. The City hereby wishes to exercise its second option to renew the Agreement for one (1) year in accordance with Section 4 of the original Agreement, incorporated herein by reference. The original Agreement was entered into on April 13, 2017. The City shall have the option to extend this agreement for two (2) additional one (1) year renewal terms. 2. ADDITIONAL COMPENSATION. On February 13, 2018, the City executed purchase order No.18-00776, for services; thus increasing the total contract amount to Sixty Four Thousand Seven Hundred Forty Dollars($64,740.00). The:City wishes to amend Section 6 of the Agreement ("Compensation"); to provide additional compensation for this one (1) year renewal term in the amount of Thirty Two Thousand Three Hundred Seventy Dollars ($32,370.00), as described in Attachment "B", a copy hereto and incorporated herein by reference, bringing the total contract amount not to exceed Ninety Seven Thousand One Hundred Ten Dollars ($97,110.00). 3. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 217.4725, contracting with ariy entity that is listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israelis prohibited. Contractors must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City's option if it is discovered that the entity submitted false documents of certification, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria after July 1, 2018. Any contract entered into or renewed after July 11, 2018 shall be terminated at the City's option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. Contractors must submit the certification that is attached to this agreement as Attachment "C". Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error,then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute • Section 215.4725. 4. OTHER PROVISIONS REMAIN IN EFFECT: Except as specifically modified herein, all terms and conditions of the original Agreement between the parties, dated April 13, 2017, shall remain in full force and effect. 5. CONFLICTING PROVISIONS: The terms, statements, requirements, and provisions contained in this Second Amendment shall prevail and be given superior effect and priority over SUNNY's� 414. :=tc SECOND AMENDMENT TO THE AGREEMENT BETWEEN � k� THE CITY OF SUNNY ISLES BEACH AND SHORTY'S BAR-B-Q, INC., '�� CONTRACT NO. 4342-018 .. a° OF SUN� This Second Amendment to the Agreement between the City of Sunny Isles Beach("City") and SHORTY'S BAR-B-Q, INC., ("Contractor") executed this day of 2019, is made a part of the original Agreement ("Agreement") dated April 13, 2017, Contract No. C4342-1614-055, between the City and Contractor attached and hereto as Attachment"A",whose Federal Identification# is 59-2008906. The City and Contractor hereby agree as follows: 1. OPTION TO RENEW.The City hereby wishes to exercise its second option to renew the Agreement for one (1) year in accordance with Section 4 of the original Agreement, incorporated herein by reference. The original Agreement was entered into on April 13, 2017. The City shall ' have the option to extend this agreement for two (2) additional one (1) year renewal terms. 2. ADDITIONAL COMPENSATION. On February 13, 2018, the City executed purchase order No.18-00776, for services; thus increasing the total contract amount to Sixty Four Thousand Seven Hundred Forty Dollars ($64,740.00). The City wishes to amend Section 6 of the Agreement ("Compensation"); to provide additional compensation for this one (1) year renewal term in the amount of Thirty Two Thousand Three Hundred Seventy Dollars ($32,370.00), as described in Attachment "B", a copy hereto and incorporated herein by reference, bringing the total contract amount not to exceed Ninety Seven Thousand One Hundred Ten Dollars ($97,110.00). 3. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 217.4725, contracting with any entity that is listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israel is prohibited. Contractors must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City's option if it is discovered that the entity submitted false documents of certification, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria after July 1, 2018. Any contract entered into or renewed after July ;1, 2018 shall be terminated at the City's option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. Contractors must submit the Certification that is attached to this agreement as Attachment "C". Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error,then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute • Section 215.4725. 4. OTHER PROVISIONS REMAIN IN EFFECT: Except as specifically modified herein, all terms and conditions of the original Agreement between the parties, dated April 13, 2017, shall remain in full force and effect. 5. CONFLICTING PROVISIONS: The terms, statements, requirements, and provisions contained in this Second Amendment shall prevail and be given superior effect and priority over any dOnflietirigi or inconsistent-top% statement Tepkemeat 041.0ision!.cOiltaiiieahl atiy,diet cipeameot otattilehineAt,iitchidhig:hilt het liiiiited tO AttaOhnleots.'ItAr,-"IP and"C" z z - • - • IN-WITNESS*HEREOF,the parties her*have executed this doomitot:aa.Othe.date mentioned ahoyet •WITIOS*.. A pHoRTY.'s DR-B9,Ic ,-.4705,4010!;'• Signature BY:. Print/.: Cif edipOtate-itiffieek tsgML :aft name ,AtrkST:: r , CITY()FS BEiom BY ' _ mg*Ai Betaocuti CMC,CityClia .fleirige • •11,.May& APPROVEBAS T.0 FORM AND, LEOAL:$.01ififiCIENCit Ni BY: 114/11. • tfitAfia/14ee, . 101111.941jr.ezit Head 46.1..16 1**4410erte**6-10 CilrAttotitoy 2 1 SVNNT IJ( CITY OF SUNNY ISLES BEACH AGREEMENT WITH SHORTY'S BAR-B-Q, INC. : ft.'',''f`' CONTRACT NO'. C4342-1617-055 SOI . THIS AGREEMENT(hereinafter referred to as the"Agreement") is made in duplicate, this i`Billday of AV."L , 2017, by and between the CITY OF SUNNY ISLES BEACH,Florida,(hereinafter"City"), and SHORTY'S BAR-B-Q,INC., a corporation authorized to.do business in the State of Florida (hereinafter "Contractor"), whose Federal I.D. • # is 59-2008906. RECITALS WHEREAS, the City is in need of a Contractor to provide catering services for the City's 20th Annual Anniversary Celebration for an 'estimated 3,000 people on Saturday, June 17, 2017 ("Services"); and WHEREAS, the City previously issued Request for Proposal No. 17-02-01 for Catering Services for the City's Annual Anniversary Celebration, and Contractor submitted a response thereto; and WHEREAS, City selected Contractor as the lowest responsible, responsive bidder in response to Request for Proposal No. 17-02-01; and WHEREAS, the Agreement provides for an initial term in 2017, plus four optional one year renewal terms to cover City's Annual Anniversary Celebration held in June-2017 through June 2022; and WHEREAS, Contractor has expressed the ability and desire to provide the Services subject to the terms and conditions contained in its proposal as more fully described in Attachment "A", which is attached hereto and made a part hereof; and WHEREAS, the City desires to enter into an Agreement with Contractor to provide barbecue style food for the residents of Sunny Isles Beach at Town Center Park, in an amount not.to exceed Thirty Two Thousand Three Hundred Seventy Dollars ($32,370.00), for an - estimated 3,000 people per terms and conditions contained in this Agreement and Request for Proposal No. 17-02-01, which is incorporated herein by reference. • NOW THEREFORE,in consideration-of the premises and the mutual covenants herein names, the parties agree as follows: 1. RECITALS. The Recitals set forth above are hereby incorporated into this agreement and made a part hereof for reference. 2. SERVICES. Contractor agrees to provide catering services for the City's 20th Annual Celebration, furnish all labor and materials in a good.workmanlike and professional manner and perform the Services designated in Attachment "A" attached hereto, and incorporated herein by reference. The Services shall be performed by Contractor to the full satisfaction of the City. 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 C4342-1617-055-SHOR'T'S BBQ,INC. S 11 B • • ATTACHMENT A City of Sunny Is/es Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 - -(305) 947-0606 Phone (305)949-3113 Fax - and scope of Services to be performed. 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the initial term of this Agreement shall begin upon execution of this Agreement and shall end no later than June 17, 2017. Payment will be made only for Services completed to the satisfaction of the City. Contractor is; to commence performance of work en the Commencement Date and continue in a diligent manner until Services is complete. Contractor acknowledges that compliance with the commencement and completion schedule is the essence of this Agreement. The terms of Section 18 and 19 entitled "Indemnification and Waiver of Liabiliiy, ' and "Compliance with Law," respectively, shall survive termination of this Agreement. 4. OPTIONS TO RENEW. The City shall have the option in its sole discretion to renew this Agreement for an additional four (4) one (1) year renewal terms. The City shall notify Contractor in writing by March 31St of the year in which the City elects to renew each available renewal term. 5. CANCELLATION POLICY. Should the City decide to cancel the Services for any reason, it may do so only by notifying Contractor via telephone and e-mail message no later than 12:00 PM on Tuesday, June 13, 2017. In such an event, the City shall have the right to reschedule the Services on the following Saturday, June 24, 2017 and Contractor will still be bound by the terms of this Agreement to fully perform for the same mutually agreed upon price. If the City does not notify Contractor of the cancellation by 7:00 PM on Friday, June 16, 2017, the City will still be bound to render full payment to Contractor and Contractor will be released from any further contractual obligation. 6. COMPENSATION. As the entire compensation during the initial term of this Agreement, in whatever capacity rendered, the City shall pay Contractor an amount not to exceed Thirty Two Thousand Three Hundred Seventy Dollars($32,370.00),for the performance of the Services, for the estimated head count of Three Thousand (3,000) people. Notwithstanding the foregoing, the parties agree that the City reserves the right to lower the estimated head count to an amount no lower than Two Thousand Five Hundred (2,500) people, at the same per person cost,provided the City notifies Contractor of this lowered head count by 12:00 PM on June 14, 2017. In such an event, the Contractor shall be paid a correspondingly lowered total Compensation amount. Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with this Agreement and the schedule of charges reflected in Attachment"A" and under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract. b. Payment Schedule. The City agrees to pay Contractor a deposit equal to 50% of the Compensation, in the amount of Sixteen Thousand One Hundred Eighty Five Dollars($16,185.00), upon the fully executed, signed Agreement by both parties, and the remainder 50% of the Compensation, i.e., Sixteen Thousand One Hundred Eighty Five Dollars ($16,185.00), within ten (10) business days of the SOB C4342-1617-055-SHORTY'S BBQ,INC Page 2 of 9 • City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305):947-0606 Phone (305) 949-3113 Fax - completion-of the event. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. If services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. The City will pay-properly submitted Contractor invoices for completed and accepted deliveries or specified services and/or goods, unless - the City-notifies the Contractor in writing Of the dispute, before the payment is due. - c. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. In the event the City Commission fails to appropriate funds for the particular purpose of this Agreement during any year of the term hereof, then this Agreement shall be terminated upon. ten (10) days written notice and the Contractor shall be compensated for the Services satisfactorily performed prior to the effective date of termination. d. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed,any other additional charges, if not properly included on this final invoice, are waived by the Contractor. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantdr of payment or surety for any contract, debt, obligation,judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 7. 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 performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have nodutyto withhold any Federal income taxes or pay Social Security services;and that such obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. C4342-1617-055-SHORTY'S BBQ,INC Page 3 of 9 city of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 Phone (305) 949-3113 Fax - 8. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the Contractor pursuant to this Agreement and related Services to this Agreement are intended and represented for the ownership of the City only. Any other use by Contractor or other parties shall be approved in writing by the City. If requested, Contractor shall deliver the documents to the City within fifteen (15) calendar days. 9. INSURANCE.° Contractor o„tractor s«a,1, at its sole cost and expense, during the.period of any work being performed under this Agreement, ;procure and maintain the following minimum insurance coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, sub-Contractor s or employees, as indicated below: ❑ Umbrella Insurance shall be required above the primary commercial liability insurance, automobile liability, and employers' liability policies required herein. The limit shall not be less than One Million Dollars ($1,000,000.00) each occurrence and annual aggregate per occurrence during the initial and any renewal term of this Agreement.' ❑ Comprehensive General liability insurance, including broad form contractual liability coverage for all operations, including, but not limited to, contractual, products, and completed operations, personal injury and property damage liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) aggregate. ❑ Worker's Compensation during the entire term of this agreement in the maximum amounts required by Florida Law. O Business Automobile Liability which shall include coverage for all owned, non- owned and hired vehicles for minimum limits of not less than One Million Dollars ($1.,000,000:00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or self-insurance maintained by the City. Such insurance shall not diminish Contractor's indemnification and obligations hereunder. The insurance policy(ies) shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a minimum A.M. Best rating of: A-Excellent. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability,with the City named as additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City Manager or his designee. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. SOB C4342-1617-055-SHORTY'S BBQ,INC Page 4 of 9 • City of Sunny Isles Beach 18070 Collin Avenue, Sunny`isles Beach, Florida 33160 (305) 947-0606 Phone (305) 949-3113 Fax _- 10. REMEDIES FOR BREACH. If Contractor fails, refuses or is unable to perform any term of this Agreement, City will only pay for Services reasonably performed to the satisfaction of the City and the City shall receive a refund from the Contractor in an amount equal to the actual cost of a third party to cure such failure. !�� TT�7 l�T/-1 AND..�, !� TT\ C'� FEES. I this 1. GOVERNING LAW -ATTORNEYS FEES. It is agreed that this Agreement shall be governed by,construed and enforced in accordance with the laws of the State of Florida. Venue for any legai.proceeding shall-be in Miami Dade County,Florida. In the event it becomes - necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. 12. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby knowingly, voluntarily and intentionally, waive the right which any may have to a jury trial in respect of any action, proceeding, litigation or counterclaim based hereon or arising out of, under, on or in connection with this agreement or any course of conduct, course of dealing, statements (whether verbal or written) or actions of either of party. 13. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period of TEN(10)years subsequent to that date upon which the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Contractor under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Contractor of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Contractor from violating such provisions. 14. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party.to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) -by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: If to the City: Christopher J. Russo With a copy to: City Manager Hans Ottinot, City of Sunny Isles Beach City Attorney 18070 Collins Avenue 18070 Collins Avenue Fourth Floor Fourth Floor Sunny Isles Beach, Florida Sunny Isles Beach, Florida 33160 33160 Tel: (305) 792-1702 Tel: (305) 792-1701 C4342-1617-055-SHORTY'S BBQ;INC Paee 5 of 9 "City of Sunny I Ies`Beac/, '18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (• 305) 947-0606 Phone (305)949-311 Fax • If to-the Contractor : Evette-Parra - _ . Director of Catering Shorty's Bar-B-Q, Inc. 9150 S.W. 87th Avenue Miami, Florida 33176 Tel: (305) 595-1622 . Fax: (305) 279-2159 E=iisai1: Eveiie@snortys:coni- - - ..- - 15. AUDIT; The Contractor shall make available to the City or its representative all required financial records associated with the Agreement for a period of THREE (3)years. 16. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order11248as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Contractor will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non- discrimination clause. The Contractor " agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 17. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest,direct or indirectly which should conflict in any manner or degree with the performance of the Services. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Contractor. The Contractor guarantees that he/she has not offered or given to any member of, delegate to the Congress of the United States, any or part of this contract or to any benefit arising therefrom. 18. INDEMNIFICATION AND WAIVER OF LIABILITY. The Contractor agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents, representatives, officers, directors, officials and employees from and against claims, damages, losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of C4342-1617-055-SHORTY'S BBQ,INC Page 6 of 9 City of Sunny Isles Beach " 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 • - (305)947-0606 Phone.(305) 949-3113 Fax - . - appellate proceedings) relating to, arising out.of or resulting from the Contractor's negligent acts, errors, mistakes or omissions relating to professional services in the performance of this _ _ Agreement. The Contractor's duty to defend, hold harmless and indemnify the City, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or injury to impairment, or destruction of tangible property including loss of use resulting therefrom, caused by any negligent acts, errors, mistakes or omissions related to Services - -per ofmed by Ooniractor under this Agreement including any-person for whose acts, erro s, mistakes or omissions the Contractor may be,legally liable for, including but not limited to - - - --Contractor's employees, agents or representatives. The parties agree that One Hundred Dollars - ($100.00) represents specific consideration to the Contractor for the indemnification set forth in this Agreement. 19. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and ordinances of any federal, state,or local governmental authority having jurisdiction with respect to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 20. PUBLIC RECORDS. The Contractor shall be required to comply with the following requirements under Florida's Public Records Law: (i.) Contractor shall keep and maintain public records required by the City to perform the service. (ii.) Upon request from the City, Contractor shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. (iii.) Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized -by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. (iv.) Contractor shall, upon completion of the contract, transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records;upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided by Contractor to the City,upon request from the City, in a format that is compatible with the information technology systems of the City. C4342-1617-055-SHORTY'S BBQ,[NC Page 7 of 9 • City'of Sunny Isles Beach 18070 Collins Averiue, Sunny'Isles Beach, Florida 33160 . (305) 947-0606 Phone (305) 949-3113 Fax - -IF 'THE - CONTRACTOR HAS QUESTIONS -REGARDING •THE - - APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF ..PUBLIC RECORDS AT (305) 7924703, CityClerk@sibfl.net, 18070 Collins Avenue, 4th Floor, Sunny Isles Beach, Florida 33160. 21. _ MISCELLANEOUS. A. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and:deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C. This Agreement, together with the terms and conditions contained in Request for Proposal No. 17-02=01, shall constituie the entire agreement between the parties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements'and understandings relating hereto. D. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. E. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. F. Theterms and conditions in this Agreement supersede any other conflicting provisions that are contained in any other document, including but not limited to Attachment [Remainder of page intentionally left blank.] .1i Sid C4342-1617-055-SHORTY'S BBQ,INC Page 8 of 9 City of Sminy Isles Reach .18070 Collin2 Avenue,Sunny.121es Beach,Florida 33160 (305)947-0606 Phone(305)949-3113 Fax • IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate on the day and year first written above. WITNESS; SHORTY'S BAR-B-Q,INC. al pSt BY: 111 Sipanire and Title aku\VlA'n d Print Name ATTE • A CITY OF SUNNY ISLES BEACH C' r 1 1 - tirv. '2BY: BY: • fr • Jalle A.,#ines; trA c,City Clerk hristopi- J. •.usso,City Manager ' f . I. APPROVED AS TO FORM AND c:,• LEGAL SUFFICIENCY- BY: -Fnz. Department Head Hans Ottinot,City Attorney • • 'S I 0042-1617-OSS-SHORTY'S BBC),NC Pogo 9 of 9 • CONTRACT ` �� , :ti,%_fr al so s.w.87th Avenue Number:0RD021554 , . _ _, `\ ly�/ � Suite209 Data:12/28/2018 � Customer NaLIT10045 •��U �i �0 ...• : Miami,EL 33176. � � - �; is (t,? Phone:(305)59x1622 dent Date:6/2201 -f \ i Fax(305)279-2159 l - �-- Flit ti&2008806 PO Number• . _ _ . . Bill to: Event Address: City of Sunny Isles Beach Town Center Park 18116 North Bay Road 17200 Colilne Ave Sunny Isles Beach,FL 33160 Sunny isles Beach,F1.33160 Phone:(305)792-1759 Phone:(305)792-1759 __Atb1: Damn Graumann - Attn: Darrin GraumannCook on Site Time:1 t00AM-3:00P11 Mx. MLM —hdanded Pdce Menu - .. Rib.Chicken.Hot Dog&Hamburger Dinner 3,000.00 Servings 10.79 32,370.00 _ - Shorty's Bar-B-Q Chicken,Ribs - - _ • . Hot Dogs&Hamburger Shortys Original Homemade Bar-B-Q Sauce,Sweet Bar-B-Q Sauce Freshly Baked Dinner Rolls&Butter Shorty's Homemade Mouthwatering Bar-B-Q Beans Tender ears of Shorty's Buttery Corn Shorty's Homemade Creamy Cole Slaw Old Fashioned Potato Salad Others . Veggie Burgers. 0.00 each . 0.00 0.00 Sodas&Waters , 3,000.00 gas 0.00 0.00 Sheetcake with Logo 5.00 sheet 0.00 0.00 Sheetcake-Vanilla&Chocolate 3,000.00 sheet 0.00 0.00 Comments: • II Subtotal 32,370.00 (i Total sales tax 0.00 Total Contract 32,370.00 • L • SHORTY'S Bar-B-Q will .',vide the above menu for your party.The final number of servings must be • concluded by O M tri 104 00On n_ 2. SHORTY'S Bar-B-Q will provide all needed service goods(Le.plates,knives,forks,spoons,napkins,wetnaps, - • - • t • toothpicks,-disposable serving utensils and disposable serving containers: - i7 3. SHORTY'S personnel will deliverj'setup and serve for up to 5 hours. Actual food service will be up to �1 hours. '1ILL'a 4. Please return a signed copy of thisfit,r contract by v� to reserve a booking date.To confirm reservation,a deposit of 50%(516,185.00)must be received at this office by dt{/2.t/t 4 and final payment of Balance due mast be satisfied by 61212018. NO REFUNDS FOR CANCELLATION WITH LESS THAN 48 HOURS NOTICE. 5. Unless prior arrangements have been made,all accounts are expected to be paid in full by the service date. 6. In the event that the bill is not paid as agreed upon,the customer will be responsible for all collection costs, including attorneys fees,court costs and interest.. - 7. Pursuant to Florida law,when providing beer service,Shorty's CANNOT leave beer keg(s)at the party site ��upon departure. 8. J Gratuity is not included. L 4 Shorty's BBQ/ Al dra Vazquez ate City of Sunny Isles Beach / Damn Date Graumann ATTACHMENT B 0.'•:.-"A• i;,:-. : ; ivr94,, CONTRACTOR ANTI-B0)MOr cOMPAIION -S«;"."...W! ;:. RuRsuANT To: :11,0141)A itAiruiz pi:44720 . . 4./*Itic /X7. diboti#0,it : PgigN.M9., ' ' :C911*NRINaMe- . .,. .-*. ' ..--.. ,.,, -t,,,f. :.--; 'certifies 0.1.4 Ch 041 r .Iii-i.v.c, tkies#tit — ,P.914pag-NoMO . .. I, Participateln a-bAyoOtt-ottgatikaiid . ,. :is)X4.0 ii*gitidilteite6thOiihkifiltititilltiyotittili ti#:*; 1 ifi hot italchiS fitikuithithitatini****AG***404:40:4-00 , Iiihot.aht4e2cittitihizp4 C9ipixOes With Aobilles:Iii the liedlleinikum )3titt*8eofili I*,*d 5.taiiiible*Olititig -iiiiiiiittibiliiiii.Ciiiitict 41i0, , - • ., :f. AlTACHMENT T" l'