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HomeMy WebLinkAboutReso 2014-2226**RESOLUTION NO. 2014 - *2-2 -2- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH SHORTY'S BAR -B -Q FOR CATERING SERVICES FOR THE CITY'S 17" ANNIVERSARY CELEBRATION, IN A TOTAL AMOUNT NOT TO EXCEED THIRTY -SIX THOUSAND DOLLARS ($36,000.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach desires to celebrate the City's anniversaries with an annual event to be held in the month of June; and WHEREAS, on May 10, 2012 via Resolution No. 2012 -1903 the City Commission awarded Request for Proposals (RFP) No. 12 -03 -02 to, and entered into an Agreement with Shorty's Bar -B -Q for Catering Services for the City's annual anniversary celebration; and WHEREAS, the City being satisfied with the service received from Shorty's Bar -B -Q for last year's celebration now desires to renew an Agreement with Shorty's Bar -B -Q for the City's 17t" Anniversary Celebration; and WHEREAS, Shorty's Bar -B -Q provided the City with a proposal in an amount of $28,690.00, and the City wishes to enter into an Agreement with Shorty's Bar -B -Q for catering services at the City's 17`x' anniversary celebration on Sunday, June 15, 2014, in an amount of $28,690.00 plus an additional amount of $7,310.00 to allow for any add -ons that may be necessary at the time of the events and for other smaller events such as an employee recognition event, for a total amount not to exceed Thirty -Six Thousand Dollars ($36,000.00), attached hereto as Exhibit "A ". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Agreement. The City Commission hereby approves an Agreement with Shorty's Bar -B -Q for Catering Services for the City's 17"' Annual Anniversary Celebration, in a total amount not to exceed Thirty -Six Thousand Dollars ($36,000.00), attached hereto as Exhibit `A ". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said 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. 82014- Shortys Catering Srvs City Anniversary Page 1 of 2 PASSED AND ADOPTED this 17`x' day of April 2014. ATTEST: Jane A. Hines, MMC, City Clerk APPROVED AS TO FORM AN 'UFICIENCY: H s Ci ty Attorney Moved by: Ct kAAbr tpK) Seconded by: � ��-► GATTO Vote: S'O Mayor Edelcup Vice Mayor Aelion Commissioner Gatto Commissioner Levin Commissioner Scholl ✓(Yes) ✓(Yes) ✓(Yes) ✓(Yes) (Yes) R2014- Shortys Catering Srvs City Anniversary Page 2 of 2 (No) (No) (No) (No) (No) "NY 1, f J 04 s _ '= CITY OF SUNNY ISLES BEACH AGREEMENT WITH SHORTY'S BAR-B-0, INC., ?"� T�• FIOF�YOy♦ CONTRACT NO. C1314 -043 THIS AGREEMENT (hereinafter referred to as the "Agreement ") is made in duplicate, this day of April, 2014, by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred to as "City "), a municipal corporation of the State of Florida, and SHORTY'S BAR -B -Q, INC., authorized to do business in the State of Florida (hereinafter referred to as "Contractor ") whose Federal Employer Identification # is RECITALS WHEREAS, the City is in need of a contractor to provide catering services for the City's 17th Annual Anniversary Celebration for an estimated 3,000 people on Sunday, June 15, 2014 ( "Services "); and WHEREAS, the City previously issued Request for Proposal No. 12 -03 -02 for Catering Services for Annual City Anniversary, and Contractor submitted a response thereto; and WHEREAS, City selected Contractor as the lowest responsible, responsive bidder in response to Request for Proposal No. 12- 03 -02; and WHEREAS, the Agreement provided for an initial term in 2012, plus four optional one year renewal terms to cover Catering Services for Annual City Anniversary in June 2013 through June 2016; and WHEREAS, the City wishes to exercise its Second optional one year renewal term to cover the 17th Annual City Anniversary event on June 15, 2014; 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 Twenty Eight Thousand Six Hundred Ninety Dollars ($28,690.00) plus an additional amount of Six Thousand Three Hundred Ten Dollars ($7,310.00) to allow for any add -ons that may be necessary at the time of the event, for a total amount not to exceed Thirty Six Thousand Dollars ($36,000.00). 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 17th 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 C1314 -043 SHORTY'S BBQ, INC. Page 1 of 8 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 and scope of work to be performed. 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall begin upon execution of this Agreement and shall end June 16, 2014, thereafter. Payment will be made only for work completed to the satisfaction of the City. Contractor is to commence performance of work on the Commencement Date and continue in a diligent manner until work 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 Liability," and "Compliance with Law," respectively, shall survive termination of this Agreement. 4. 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 Noon on Wednesday, June 11, 2014. In such an event, the City shall have the right to reschedule the Services on the following Sunday, June 22, 2014 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 Saturday, June 14, 2014, the City will still be bound to render full payment to Contractor and Contractor will be released from any further contractual obligation. 5. COMPENSATION. As the entire compensation under this Agreement and during the term of this Agreement, in whatever capacity rendered, the City shall pay Contractor an amount not to exceed Thirty Six Thousand Dollars ($36,000.00), for the performance of the Services. 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. 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. 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. C1314 -043 SHORTY'S BBQ, INC. Page 2 of 8 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 guarantor 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. 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 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 no duty to 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. 7. 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. 8. INSURANCE. Contractor shall, 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: ❑ 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. C1314 -043 SHORTY'S BBQ, INC. Page 3 of 8 U 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, One Million Dollars ($1,000,000.00) per accident for bodily injury and Five Hundred Thousand Dollars ($500,000.00) per accident for property damage. 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. 9. 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. 10. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami -Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non - prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 11. 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. C1314 -043 SHORTY'S BBQ, INC. Page 4 of 8 12. 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 If to the Contractor : Evette Parra Director of Catering Shorty's Bar -B -Q, Inc. 9150 S.W. 87t` Avenue Miami, Florida 33176 Tel: (305) 595 -1622 13. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue shall be in Miami -Dade County, Florida. 14. 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. 15. 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 Order 11248 as 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. C1314 -043 SHORTY'S BBQ, INC. Page 5 of 8 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. 16. 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. 17. 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 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 professional services in the performance of this Agreement including any person for whose acts, errors, mistakes or omissions the Contractor may be legally liable. The parties agree that ONE HUNDRED DOLLARS ($100.00) represents specific consideration to the Contractor for the indemnification set forth in this Agreement. 18. 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. 19. 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. C1314 -043 SHORTY'S BBQ, INC. Page 6 of 8 C. This Agreement shall constitute 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. The terms and conditions in this Agreement supersede any other conflicting provisions that are contained in any other document, including but not limited to any attachments hereto, including but not limited to Attachment "A ". [remainder of page intentionally left blank] C1314 -043 SHORTY'S BBQ, INC. Page 7 of 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the day and year first written above. WITNESS: Signature Print Name ATTEST: SHORTY'S BAR -B -Q, INC. Signature and Title CITY OF SUNNY ISLES BEACH BY: BY: // &,! Jane A. Hines, MMC, City Clerk N /rman S. E elcup, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY Hans Ottinot, City Attorney C1314 -043 SHORTY'S BBQ, INC. Page 8 of 8 INVOICE /RECEIPT F 9150 S.W. 87th Avenue Number: ORD016744 Suite 205 Date: 3/12/2014 Miami, FL 33176 Customer No.�IT10045 Phone: (305) 595 -1622 Event Date:6115/2014 Fax: (305) 279 -2159 - --FIN.-59-2008906 _ PO Number: City of Sunny Isles Beach City of Sunny Isles Beach 18115 North Bay Road TBC Sunny Isles Beach, FL 33160 Sunny Isles Beach, FL 33160 Phone: (305) 792 -1759 Phone: (305) 792 -1759 Attn: Darrin Graumann Time: 12:00 to 4:00 PM Qufwm Unit Price ExtendedPriee Menu Rib. Chicken, Hot Dog & Hamburger Dinner 3,000.00 Servings 8.73 26,190.00 Shorty's Bar -B -Q Chicken, Ribs Hot Dogs & Hamburger Shorty's Original Homemade Bar -B -Q Sauce, Sweet Bar -B -Q Sauce Freshly Baked Dinner Rolls & Butter Shorty's Homemade Mouthwatering Bar-B-0 Beans Tender ears of Shorty's Buttery Com Shorty's Homemade Creamy Cole Slaw Old Fashioned Potato Salad Others Pasta Salad & Veggie Burgers(Vegeterian Option) Soda & water of soda w /cups and ice Sheetcake with Logo Sheetcake Tip Comments: ;. 0.00 each 0.00 0.00 3,000.00 ea 0.00 0.00 5.00 each 0.00 0.00 2,500.00 each 0.00 O.OD 1.00 ea 2,500.00 2.500.00 ATTACHMENT "A" Subtotal 28,690.00 Total sales tax 0.00 Total Contract 28,690.00 Balance Due -28,690.00 46 �7r 0, -_ 1'.- TO: VIA: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305) 949 -3113 Fax MEMORANDUM The Honorable Mayor and City Commission Christopher J. Russo, City Manager Susan Simpson, Cultural and Community Services Director 4/17/2014 Agreement with Shorty's Bar -B -Q for Catering Services RECOMMENDATION: It is recommended that the City Commission approve the attached resolution to enter into an agreement with Shorty's Bar -B -Q for Catering Services for the City's 17th Anniversary Celebration in an amount not to exceed Thirty -Six Thousand Dollars, ($36,000.00). REASONS: The City will host its annual City Anniversary event with barbecue style food for the residents of Sunny Isles Beach on Sunday, June 15, 2014 at Town Center Park. Through the award of RFP No. 12- 03 -02, the City has utilized the services of Shorty's for catering services for 2 years and has been very satisfied with their service. The agreement is all inclusive of food and service in which Shorty's has proven effective management of large crowds while providing delicious food. ADDITIONAL INFORMATION: Based on last year's amount of food served, the quantity for this year has been reduced to 3,000 resulting in a cost savings over last year, however, the City is using social media outlets to promote the event this year and will encourage everyone to get their wristbands early. For this reason, the requested 'not to exceed' amount is slightly higher than the proposal of $28,690.00 to allow for any add -ons that may be necessary at the time of the event. We will only increase the order the week prior to the event if there appears to be a need for it. $1,000 Agenda Item No. I OG Date 4/17/2014 188 additional is requested in the Not To Exceed amount to approve the use of Shorty's for other smaller events such as an employee recognition event. FUNDING SOURCE: Funding for this item is budgeted for and available in the General Fund account numbers 10.572.5574 and 10.518.5516. ATTACHMENTS: . Resolution • Agreement • Shorty's Catering Proposal 2014 Agenda Item No. IOG Date 4/17/2014 189