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HomeMy WebLinkAboutReso 2019-3014 } RESOLUTION NO. 2019 - - 01"1- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A FIRST AMENDMENT TO THE AGREEMENT WITH THE CELEBRATION SOURCE, EXTENDING THE TERM OF THE AGREEMENT FOR A PERIOD OF ONE (1) YEAR; AUTHORIZING THE EXPENDITURE OF BUDGETED FUNDS IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000.00) WITH THE CELEBRATION SOURCE, INC. FOR EVENT RIDES RENTAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City issued and advertised Invitation to Bid No. 16-09-03 Event Rides Rental, and received two (2) bids, and it was determined that The Celebration Sources, Inc. can provide services to the City under the bid; and WHEREAS, on November 17, 2016 via Resolution No. 2016-2634, the City Commission awarded Bid No. 16-09-03 to and authorized the City Manager to negotiate and enter into a three (3) year agreement with The Celebration Source, Inc. for event rides rental and event activities in an amount not to exceed $180,000.00; and WHEREAS, on October 18, 2018 via Resolution No. 2018-2876, the City Commission approved an increase in spending authority in an amount not to exceed $100,000.00, bringing the total spending authority not to exceed $280,000.00; and WHEREAS, the initial term of the Agreement is set to expire in December 2019; and WHEREAS, The Celebration b anon Source, Inc. has demonstrated that they are qualified, willing and able to provide the desired services and equipment; and WHEREAS, the City Commission mission now wishes to approved ed the First Amendment to the Agreement with The Celebration Source, Inc., thereby extending the term of the agreement for an additional one (1) year period, to expire in December 2020, and authorize the expenditure of budgeted funds in an amount not to exceed One Hundred Thousand Dollars ($100,000.00), for a total spending authority not to exceed Three Hundred Eighty Thousand Dollars ($380,000.00). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approving First Amendment. The City Commission hereby approves the First Amendment to the Agreement with The Celebration Source, Inc., thereby extending the term of the agreement for an additional one (1) year period, to expire in December 2020. Section 2. Authorize Expenditure of Budgeted Funds. The City Commission hereby approved the expenditure of budgeted funds with The Celebration Source, Inc. in an amount not R2019 Extend Agmt And Spend Auth W Celebration Source Page I of 2 to exceed One Hundred Thousand Dollars ($100,000.00), for a total spending authority not to exceed Three Hundred Eighty Thousand Dollars ($380,000.00). Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 21' day of Nov- •er 2019. 401, George H. choll, Mayor AT Sr k.itireRVI Mau 'cio Bet.ncur, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY EdiAitiat Edward A. Dion, City Attorney Moved by: V l lt,6 0(1- SV KA ft) Second by: COtItOJD'Q_ COi..b vt4i VOTE: Mayor Scholl ' (Yes) (No) Vice Mayor Svechin V(Yes) (No) Commissioner Goldman I (Yes) (No) Commissioner Lama T (Yes) (No) Commissioner Viscarra (Yes) (No) R2019 Extend Agmt And Spend Auth W Celebration Source Page 2 of 2 • FIRST.AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF-SUNNY ISLES BEACHAND THE CELEBRATION SOURCE,INC. CONTRACT:NO.2019-5760 This first Amendinent,to the Agreement between the CITY OF SUNNY ISLES BEACH ("City") and THE CELEBRATION SOURCE, INC, ("Contiactor), is made a part of the original Agreement between thb parties dated April 26,2017,known as Contract No C5760-1617- 053,(the"Agreement"),attached hereto as Exhibit-A",whose Federal ID No..,is 65;1082810,and ,the city'and the,ContractOr hereby agree to amend the Agreement as follows: I. ADDITIONAI:TERM. The City and the Contractor hereby wish to amend Section 3 of the Agrecinerit(--TEM")..to provide that the Agreement shall extend for an additional term of one year.to terminate nO later than December 1.2020. 2. ADDITIONAL COMPENSATION. Section 4 of the Agreement ("Compensation")is hereby amended to include additional compensation in an amount not-to7 exceed One.Hundred.Thousand Dollars ($.10p,600:00),bringing the total contract amount to no(7 to-exceed Threeflundred Eighty Thousand b011ars'($380,000.00). 3. ADDITIONAL-CONTRACr PROVISION. Section 217A725, Florida Statutes, . _ provides that contractingivith any entity that is listed on the Scrutinized Companies that Boycott Israel List or that it ertgagedin 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 Million Dollars ($1;000i000)or more shall be termloafed 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 .Ceinipanies,with Activities in the Iran Petroleum Energy Sector List, or has been engaged iri business Operations in Cuba,or Syria after July I,2018. Any contract entered into.or renewed after July I,2018 shall beienninated 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-Pt Submitting a false certification shall 6e...deemed a material breath of cOntract.The City shall provide notice,in writing,to the Contraeior of City's determination concerning the false Certification.The • Contractor shall have ninety (9p) days :following receipt of the notice .to respond in 'writing and • demonstrate that the determination was in dud:If the Contractor docs 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 Section 21 5A125, Florida.5tatutei. 4. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein,all ierms and conditions of the Agreement shall remain in full force and effect 5, CONFLICTING PROVISIONS. The terms, statements, recluirements. and. provisions contained.in this first Amendment shalfprevail and be given saperior effect and priority over any conflicting or inconsistent term,statement,requirement or provision contained in any other document or attachment,including hut not limited to Attachments"A"and"B". IN WITNESS WHEREOF,_the parties have executed this First Amendment to the Agreement as of the date referenced above. WITNESS: CELEBRATION SOURCE,INC. ®i. ' '� :mature / By: Paul Campi,'Owner i( Print'Na ATT,, CITY OF SUNNY ISLES BEACH ,, VIII B .nCt 'City Cleric egeistor4 ,. Q.ussv, CM( INn,444i R. APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: 64)/44 Edward A.};Dion,City Attorney 2 Attachment A. 3 S.y HY Jr[ � Q !� ` AGREEMENT BETWEEN THE CI'T'Y OF SUNNY ISLES `�.:::"ter' BEACH AND THE CELEBRATION SOURCE, INC. „," CONTRACT NO. C5760-1617-053 THIS CON'!RACTUL AGREE ENT (hereinafter referred to as the"Agreement") is made in duplicate, this 7-44,- -day of I L- 2017, by and between the CITY OF SUNNY ISLES BEACH, Florida,(hereinafl referred to as"City");and THE CELEBRATION SOURCE, INC.. a corporation authorized to do business in the State of Florida (hereinafter - referred to as"Contractor'') whose Federal 1.D. V is 65-1082810. RECITALS WI-1F..RFAS; the City is in need ofa Contractor to provide rides, inflatables, performers, . and artists for event ride rentals and event activities on an as-needed basis fbr a three year period • ("Services"); and WHEREAS,•the City issued invitation to Bid No, 16-09-03 ("ITB"), and Contractor • submitted a response thereto, a copy of which is attached hereto and incorporated herein as Attachment"l3"; and WI1 :REAS, Contractor is willing and able to perform the services subject to the tetras and conditions contained herein and ITB No. 16-09-0_, which is attached hereto and incorporated 1 herein as Attachment "A"; and • WHEREAS, the City desires to contract with Contractor to provide the Services, as more Fully described in Attachment "A", pursuant to the pricing schedule set forth in Attachment "Be; and • WHEREAS, the City desires to enter into this Agreement with Contractor to provide the Services in an amount not to exceed One Hundred Eighty Thousand Dollars (5180,000.00) during the three year contract term. NOW THEREFORE, in consideration of the premises and the mutual covenants herein names,the parties agree as follows: TERMS 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 furnish all labor and materials in connection with the Services, as more thoroughly described in Attachment --A" attached hereto, and incorporated herein by reference. The Services shall he performed by Contractor to the full satisfaction of the City. 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 inirnediately inform the City via telephone and in writing of ally 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 If City of Sunny Isles Beach 18070 Collins Avenue; Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax this contact 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 Contractors failure to perform the Services. 3. TERM. Subject to the provisions relating: to the termination of this Agreement as set forth in Section 7 below, this Agreement shall commence retroactive to December 1; 2016, and shall terminate no later than December 1, 2Q19. Contractor is to commence performance of Services on the commencement date and continue in a diligent mariner until the Services are complete. Contractoracknowledges that compliance with the commencement and completion date is the essence of this Agreement. The terms of Sections 16 and 17 entitled "Compliance with Law"and "Indemniiic.ation and Waiver of Liability": respectively, shall survive termination of this Agreement. 4. COMPENSATION. As the entire compensation under this Agreement and during the terms of this Agreement, in whatever capacity rendered; the City shall pay Contractor an amount not to exceed Sixty Thousand Dollars (S60,000.00) during each year under this Agreement, for a total amount not to exceed One Hundred Eighty Thousand Dollars(5180,000.00)during the entire three year term. 1'o1 each individual event scheduled pursuant to this Agreement, (he City agrees to pay Contractor an initial deposit equal to 50% of the compensation prior to the event and the remaining 50% sum on the day()leach scheduled event. if a particular event is canceled by the City at least Forty sight (48) hours prior to the scheduled event date,then the City will only be responsible for paying the deposit to the Contractor. in such circumstances, the proceeds shall be applied towards a rescheduled event date within I-we (2) months from the originally scheduled event, at no additional cost to the City. If a particular event is canceled by the City with Forty Eight (48) hours or less remaining prior to the scheduled event, then the City will he responsible for one hundred percent (100%) of the compensation For that particular event to be paid to Contractor. 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 '13", which fee shall be disbursed on a monthly basis and under the following conditions: a. Disbursements- There arc no reimbursable expenses associated with this Agreement. b. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department.artment. If services have l- been rendered in conformity with the Agreement; the invoice will be sent to the Finance Department for payment.' Invoices must rekrenee the Agreement 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. c576o-1617-053 -THE CELEBRATION SO111nCF: 1NC. City of Sunny Isles Beach 18070 Collins Avenue; Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax • 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 perlOrmed 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; arc 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. Tithe 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 tenni of this Agreement. 5. 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 ol'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 taxes and that such obligations shall be that of the Contractor, otlier 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. 6. 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, contractors or employees, as more particularly set forth below: Comprehensive General Liability Insurance Comprehensive General Liability with minimum limits of One Million Dollars (S1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a Form no mare restrictive than the. latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the insurance Set-vices Office, and must include: • Premises and Operation • independent Contractors • Products and/or Completed Operations I lazard • Broad Form Property Damage 05760-1617-053 • THE CELEBRATION sOuRCI::: INC:. S 3 City of Sunny Isles Bench 1$070 Collins Avenue, Sunny Isles Beach, Florida.33160 (305) 947-0606 phone(305) 949-3113 Fax WW1 , som,saM! • Broad Fonn Contractual Coverage applicable to this specific Contract, including any Hold Harmless and/or indemnification agreement. • Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability Business Automobile Liability Business Automobile Liability with minimum limits of One Million Dollars (1,000:000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must he afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: • Owned Vehicles; • Ilired and Non-Owned Vehicles; • Employers' Non-Ownership. Before starting the Services, the Contractor will file and make sure that all certificates of insurance required by this document and by the Contract are in the City's possession. These certificates shall contain a provision that the coverage afforded under the policies will not be canceled or materially changed until at least thirty (30) days prior INTitten notice has been given to the City by certified mail. The City shall be named as an additional insured on the above-referenced policies. The Contractor agrees that if any part of the Services undcr the Agreement is sublet, they will require the Sub-Contracior(s)to carry insurance as required,and that they will require the Sub-Contractor(s) to furnish to them insurance certificates similar to those required by the City in this section. Worker's Compensation Insurance Worker's Compensation insurance for statutory obligations imposed by Worker's Compensation or Occupational Disease Laws, including;where applicable;the United States Longshoremen's and Harbor Worker's Act, the. Federal Employers' Liability Act and the Horner .Act. EEnpioyer's Liability Insurance shall be provided with a minimum of One Million and 00/I00 dollars (S1,000;000.00) per accident. Contractor agrees to he responsible for-the employment, conduct and control of its employees and for any injury sustained by such employees in the course of their employment. Cancellation and Re-Insurance If any insurance should be cancelled or changed by the insurance company or should any insurance expire during the period of this contract; the Contractor shall be responsible for securing other acceptable insurance to provide the coverage specified in this section to maintain coverage during the life of this Contract. Alt deductibles must be declared by the Contractor and muse he approved by the SIE 05760-161 -053 -THE C1.1.E?IIItATION SOI.IRLlf, INC. 4 • City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305)949-3113 Fax City. At the option of the City, either the Contractor shall eliminate or reduce such deductible or the Contractor shall procure a bond, in a form satisftic.tory to the City. insurance required of the Contractor shall be primary to,and not contributory with, any insurance or sell-intiurartcc maintained by the City. Such insurance shall not diminish Contractor's indemnification and obligations hereunder. The insurance policy(ies)shall he issued by companies authorized to do business under the laws of the State of Florida and acceptable to (he City with a minimum A.M. Best rating of A-Excellent. Before any wort; 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 policies and for contractual liability, with the City named as an additional insured. All p certificates shall he 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. Contractor shall also require and ensure that each of its sub-Contractor(s) providing services hereunder (if any) procures and maintains,until the completion of the services, insurance of the types and to(he limits specified herein- ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS iN THIS SECTION MUST BE APPROVED IN WRITING BY THE CiTY. 7. TERMINATION AND REMEDIES FOR BREACH. • A, If, through any cause within reasonable control, the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to he performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the Agreement and grant Contractor seven (7)days to cure such default. If the default remains uncured alter seven (7) days the City may terminate this Agreement, and the City shall receive a refund from the Contractor in an amount equal to the return of any deposits paid by City to Contractor, as well as the actual cost of a third party to cure such failure by Contractor. (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor (and sub-Contractor (s) shall he delivered to the City. (ii.) . Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold payment to Contractor for the purposes of set-o CI until such time as the exact amount of damages due the City from the Contractor is determined. Under no • circumstance will the Contractor be entitled to any special, incidental, or • consequential damages, including but not limited to payment fir the remauung unexpired term of•this Agreement ibllnwing termination with or without cause. 05760-1617-053 1 i-ta CELEBRATION SOURCE_INC. 5 City of Sunny Isles Beach 18070 Collins Avenue, Sunny isles Beach, Florida 33160 (305)947-0606 phone(305)949-3113 Fax B. Termination for Convenience of City.The City may, 1ifr its convenience and without cause terminate the Services then remaining to be performed at any time by giving Contractor seven (7) calendar days written notice. The terms of Paragraph 7A (i) and A (ii) above shall be applicable hereunder, C. Termination for Jnsolvencv. The City also reserves the right to terminate the remaining Services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment Iqr the benefit of creditors. 8. GOVERNING LAW AND ATTORNEYS FEES. It is ugreed that this Agrccmcntshall be governed by, construed and enforced in accordance with the laws of the State of Florida_ Venue for any legal proceeding shall he 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. 9. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby knowingly, voluntarily and intentionally, waives 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. 10. NOTICES. All notices and other communications required or permitted to he 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 roistered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: lito the City: Christopher J. Russo,City Manager Hans Ottinot, City Attorney City of Sunny Isles Beach City of Sunny Isles Beach 18070 Collins Ave., 4th Floor 18070 Collins Ave.,41h Floor Sunny Isles Beach, Florida 33160 Sunny Tsles Beach, Florida 33160 Ph: 305-792-1701 Ph: 305-792-1702 TIto the Contractor: Paul Calnpi, Owner The Celebration Source, inc. 859 Tyler St. Hollywood. Florida 33019 Ph: (954) 922-3530 Fax: (954)923.2308 F..mail: paulqicelebrationsource.com S E C5760-1617-0ii 'l I lI:CE1_EBRAT[ON SOURCE. INC. 6 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-060G phone (305) 949-3113 Fax • 11, PUBLIC RECORDS. The Contractor shall be required to comply with the following requirements under Florida's Public Records Taw: (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 costrovided by Chapter 119, Florida Statutes,or a_s otherwise provided P p by law. • (iii.)Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements arc not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if'the Contractor does 1101 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, lie Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided by Contractor Io the City; upon request from the City,in a format that is compatible with the information technology systems offthe City. IF THE CONTRACTOR HAS QUESTIONS RAGA RDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THF CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT (305) 792-1703, CityClerk@sibfl.net, 18070 Collins Avenue, 4th Floor, Sunny Isles Beach, Florida 33160. 12. BACKGROUND CHECKS_ A criminal background check will be required for any employee of the Contractor performing Services under this Agreement. The Contractor shall be required to perform the criminal background check at their own sole cost and expense through the City. The Contractor shall ensure that only their properly designated employees listed with the City Manager be permitted to perform Services. In the event the designated employees are removed by the Contractor, the Contractor shall immediately notify the City Manager or his designee. Additionally, identification cards will be provided by the City at the Contractor's sole cost and expense. Contractor shall ensure that all designated employees wear the City's provided identification cards while performing Services. C5760-I617-053 -THE II;Cl:LEaRATION SOURCE,INC. 7 • City of Sunny Isles Beach 18070 Collins Avenue, Sunny isles Beach, Florida 33160 (305) 947-0606 phone (305)949-3113 Fax 13. 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. 14. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title V1 of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended; Title I 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 F..xecutivc Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant Ior 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, uPe'rading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other farms 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. 15. CONFLICT OF INTEREST. The Contractor agrees to adhere to and he 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 arc incorporated by reference herein as if fully set forth herein, in connection with the Agreement. The Contractor covenants that it presently has no interest and shall not acquire any interest, directly or indirectly which should conflict in any manner or degree with the perlormanec 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 Agreement or to any benefit arising therefrom. 16. 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. Specifically, Contractor shall comply with all applicable conflict of interest provisions as provided in state statutes, Miami-Dade County Code and the Code of the City of Suimy Isles Beach(Section 62-16 entitled"Ethics in Public Contracting"). As provided in Section 62-16, Code of the City of Sunny Isles Beach, the City Commission may terminate this Contract • for violation of the above-referenced ethical standards. l7. INDEMiN1FICATiON 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 05760-1617-053 -THE CELERRATiON S()l)ItCE,INC. SiB 8 • City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (303) 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 performed under 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 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 TEN DOLLARS ($10.00)represents specific consideration to the Contractor for the indemnification set forth in this Agreement. 18. MISCELLANEOUS. A. In the event any provision of this Agreement is found to he void and/or unenforceable by a court of competent jurisdiction; the remaining provisions of this Agreement shall nevertheless he 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. 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_ D. The terms and conditions in this Agreement supersede any inconsistent or conflicting provisions that arc contained in any other document or attachment, including hut not limited to Attachments"A" and "B"attached hereto and incorporated herein by reference, or any other document or attachment not specifically attached hereto or otherwise referenced in this Agreement. F.. This Agreement contains the entire agreement of the parties; and may be amended, waived, changed, modified, extended or rescinded only by in writing signed by the party against whom any such amendment, waiver_ change, modification,extension and/or rescission is sought. [remainder of page intentionally left blank] • • • 05760.1617-053 -Till?c u.HIRAT(ON SOURCE. FNC, 9 • rtz:77, : • Cay of Srnny:1**5' 4070'efali'ri.WNi6e*;Sunny labs Flo .i4a 38160 a 05 y94.146ap.fickne,(305)-9,49..,4 1*. *::Vax. . . . . . . . • •• IN WITN.ESS,W1Otz:Wv., the parties:hereto have executed this Agreement in duplicate oh.the.day and re"..tifiir&t 7;vri.tta:abob. • TILE CELEBR:ATION SO UCE, • • As. • • me• • Pre . .6),a-‘,/kr• Paul Campi, Ptirit • • • • • ATI'• CITY•OF 511.-101? ISLVSOFACII •• • • 111r04-' BY: • • Jane:4- rie , .01 , eity Clerk Christopher Russo, City Manager ; t • , r r APPROVED 45 TO FORMANI) `c • • :6-0;„ LtGAL Stri44.0.ENOi? •. c"• C*: • BY; _ A DepartMent Head . Hans OtticLot, City Attorney • • • • • • 01.66,1617F051 -'1-1-tE:aattmt(f-i4 SOURCE iNC •i - f.9 I 'sq.r City of Sunny Isles Beach . ' ns Avenue �;:; `�� 18070 Colli • • to. it • , Sunny Isles Beach, Florida 33160 'at °9, ; "ti4` (305)947-0606 City Hall ' sur ." (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission • VIA: Christopher J. Russo, City Manager FROM: Sylvia Flores, Director of Cultural & Community Services DATE: 11/21/2019 RE: First Amendment to the Agreement with Celebration Source Inc. ORECOMMENDATION: It is recommended that the City Commission approve this resolution to execute a first amendment to the agreement with Celebration Source Inc. REASONS: • In 2016, the City awarded Bid No. 16-09-03 for Event Rides Rentals, to Celebration Source Inc. The City then entered into an agreement with Celebration Source for three (3) years, with anticipated spending not to exceed $180,000. In October of 2018, the City Commission approved an increase in the spending authority to a total not to exceed amount of$280,000, to account for our increased number of events, as well as being able to utilize the vendor for recreational activities with after school care and summer camp. The current contract ends on December 1, 2019. This amendment to the agreement will extend the term of the agreement for one additional year, through December 1, 2020, and will increase the total spending authority to $380,000 to cover the entire duration of the term of four(4) years. FUNDING SOURCE: 184 -• Funding'is available in 001-6-5730-444040-XXXXX and 001-6-5720- .452000-608XX. • ATTACHMENTS: Description • Resolution • • First Amendment • Item Number: 10.D., • • • • • • • • • . . 185