HomeMy WebLinkAboutReso 2023-3469RESOLUTION NO. 2023 - =09
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A SECOND AMENDMENT TO THE AGREEMENT WITH THE
AMUSEMENT SOURCE, LLC., FOR EVENT RIDES RENTAL, IN AN AMOUNT NOT
TO EXCEED SIXTY THOUSAND DOLLARS ($60,000.00); 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 ("City") issued and advertised Request for
Proposal No. 20-12-01 Event Rides Rental ("RFP"), with The Amusement Source, LLC.
("Contractor") being the sole company who submitted a proposal; and
WHEREAS, on March 18th, 2021, via Resolution No. 2021-3178, the City Commission
awarded the RFP and approved an agreement with the Contractor to provide event rides rental
services ("Services"), in an amount not to exceed $120,000.00, for an initial two (2) year term
("Agreement"); and
WHEREAS, on May 19th, 2022, via Resolution No. 2022-3326, the City Commission
approved a First Amendment with the Contractor to provide for compensation to cover the
costs for the second year of the initial two (2) year term in an amount not to exceed
$120,000.00, bringing the total contract amount not to exceed $240,000.00; and
WHEREAS, the City being satisfied with the Services of the Contractor, who has
expressed its ability and willingness to continue providing these Services, wishes to renew the
Agreement, thereby exercising its first of three (3) renewal options; and
WHEREAS, the City now wishes to approve a Second Amendment to the Agreement with
The Amusement Source, LLC. for event rides rentals and event activities, in an amount not to
exceed Sixty Thousand Dollars ($60,000.00), for a total contract amount not to exceed Three
Hundred Thousand Dollars ($300,000.00), 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 Second Amendment. The City Commission hereby approves a
Second Amendment to the Agreement with The Amusement Source, LLC. for event rides rentals
and event activities, in an amount not to exceed Sixty Thousand Dollars ($60,000.00), for a total
contract amount not to exceed Three Hundred Thousand Dollars ($300,000.00), attached hereto
as Exhibit "A".
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute the First
Amendment.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
@BCL@A409C730.Doc Page 1 of 2
Section 4. Effective Date. This Resolution will become effective upon adoption.
ATTESR- 1 I
PASSED AND ADOPTED this 16th da7ofr-u ry 2023.
I
Maurizio 13etancurj CMC, City Clerk
visa Svechin, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
� t
C,
Valerie Vicente, City Attorney
Moved by: �� ' { ,�' Seconded by:
Vote:
Mayor Svechin /(Yes) (No)
Vice Mayor Joseph (Yes) (No)
Commissioner Lama (Yes) (No)
Commissioner Stuyvesant (Yes) (No)
Commissioner Viscarra (Yes) (No)
@BCL@A409C730.Doc Page 2 of 2
of ' " SECOND AMENDMENT TO THE AGREEME
'= THE CITY OF SUNNY ISLES BEACI
AMUSEMENT SOURCE, LLC
CONTRACT NO. 2021-7626
This Second Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH
("City") and AMUSEMENT SOURCE, LLC ("Contractor") executed this 2),3r—day of may( ,/�,
2023, is made apart of the original Agreement dated March 17, 2021, attached hereto as Attachment
"A" and incorporated herein by reference, as amended, between the City and the Contractor, whose
Federal Identification # is 81-2079023. The City and Contractor hereby agree as follows:
1. TERM RENEWAL. Pursuant to Section 4 of the original Agreement, the parties hereby
agree to renew the Agreement for a one (1) year term, effective March 17, 20235 terminating on
March 16, 2024. There shall be two (2) additional one (1) year renewal terms remaining.
2 ADDITIONAL COMPENSATION. Payment to Contractor is hereby amended to
include additional compensation in the amount of Sixty Thousand Dollars ($60,000.00), as needed,
pursuant to the schedule of charges in the original Agreement.
3. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein,
all terms and conditions of the original Agreement, as amended, shall remain in full force and effect.
4. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions
contained in this Second Amendment shall prevail and be given superior effect and priority over any
conflicting or inconsistent terms, statements, requirements or provisions contained in any other
document or attachment, including but not limited to Attachment "A".
IN WITNESS WHEREOF, the parties hereto have executed this document as of the date
mentioned above:
WITNESS:
Signature
Print Name
M
Mauricit'
Department Head
CMC, City Clerk
Amusement Source, LLC — Amendment 2
AMUSEMENT SOURCE, LLC
BY: �fca, (h�h�SSrStcY�,'`
JuliCtampi, Partner <7'
CITYOF SU NY LES BEACH
BY:
Larisa Svechin, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: Fok
alerie Vicente, City Attorney
Page 1 of 2
AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH
o4 S,„!NY g<fj.ef AND THE AMUSEMENT SOURCE, LLC., d/b/a AMUSEMENT SOURCE
CONTRACT NO. 2021-7626
i 04.THIS AGREEMENT (hereinafter referred to as the "Agreement") is made in
C.r Oi tON'NO duplicate, this � day of , 2021, by and between the CITY OF
SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and THE AMUSEMENT
SOURCE, LLC. d/b/a AMUSEMENT SOURCE, a for-profit corporation authorized to do
business in the State of Florida (hereinafter referred to as "Contractor") whose Federal I.D. # is 81-
2079023
RECITALS
WHEREAS, the City is in need of a contractor to provide event ride rentals and
event ride activities, on an as -needed basis ("Services") as more particularly described in Request
for Proposals No. 20-12-01 "Event Ride Rentals", attached hereto as Attachment "A", which is
incorporated herein by reference; and
WHEREAS, Contractor is a certified and insured entity with the necessary experience to
provide the desired Services; and
WHEREAS, the City wishes to enter into this Agreement with Contractor to provide the
Services to the City, on an as -needed basis, as further detailed below, in an amount not to exceed
One Hundred Twenty Thousand Dollars ($120,000.00) for the initial two (2) year term.
NOW THEREFORE, in consideration of the promises and the mutual covenants herein
name, 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. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement,
the City's Request for Proposals No. 20-12-01 "Event Ride Rentals" ("RFP No. 20-12-01"), and
Contractor's response to RFP No. 20-12-01, both of which are attached hereto as Attachment "A"
(hereinafter referred to as "Contract Documents").
3. SERVICES. Contractor agrees to provide event ride rentals and event ride activities, on
an as -needed basis as more particularly described in Attachment "A". The Services will be
dependent upon the desire of the City to perform work on a Purchase Order basis.
The Services shall be performed by Contractor to the full satisfaction of the City. Contractor agrees
to furnish all labor and material in a good and workmanlike and professional manner to perform
Services. Contractor agrees to have a qualified representative to audit and inspect the Services
provided on a regular basis to ensure all Services are being performed in accordance with the City's
needs and pursuant to the terms of this Agreement and shall report to the City accordingly.
Contractor agrees to immediately inform the City via telephone and in writing of any problems that
could cause damage to the City's property, improvements and persons. Contractor will require its
employees to perform their work in a manner befitting the type and scope of work to be performed.
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
In the event that the Contractor fails to complete the Services pursuant to the terms of this contract
and City must undertake the completion of performance of Services, Contractor agrees to indemnify
the City for all costs incurred with respect to the completion of those Services and any damages the
City may suffer as a result of the Contractor's failure to perform the Services.
4. TERM. Subject to the City's ability to terminate the Agreement in accordance with Section
9 hereunder, the term of this Agreement shall begin upon the execution of the Agreement by all
parties and shall continue for a period of two (2) years. Thereafter, the City shall have the option at
its sole discretion to renew this Agreement for an additional three (3) one (1) year terms.
Payment will be made only for work completed to the satisfaction of the City. Contractor is to
commence performance of work from the date specified in the Purchase Order and continue in a
diligent manner until completion of the Services.
The terms of Sections 16 and 20 entitled "Indemnification and Waiver of Liability," and
"Compliance with Law," respectively, shall survive termination of this Agreement.
5. COMPENSATION. During the term of this Agreement, in whatever capacity rendered, the
City shall pay Contractor for Services performed under this Agreement, in a total amount not to
exceed One Hundred Twenty Thousand Dollars ($120,000.00), to be charged at the rates set forth
in Contractor's proposal to the City, attached hereto as Attachment "A". Payment to Contractor for
all charges and tasks under this Agreement shall be in accordance with this Agreement and the
schedule of charges reflected under the following conditions. Payment to Contractor for all charges
and tasks under this Agreement shall be in accordance with the Contract Documents and the
schedule of charges as reflected in Attachment "A", under the following conditions:
a. Disbursements. There are no reimbursable expenses associated with this contract
except for expenses approved by the City Manager.
b. Payment Schedule. Invoices received from the Contractor pursuant to this
Agreement will be reviewed by the initiating City Department. Payment will be
made by the City in accordance with the issuance of a Purchase Order for a given
event and Section 1.13 of RFP No. 20-12-01, attached hereto as Attachment "A". 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.
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. If the City should not appropriate or otherwise make available funds
sufficient to purchase the Services procured pursuant to this Agreement, the City may
unilaterally terminate any and all contractual or other obligations herein without any
further liability or penalty upon twenty (20) days' notice to Contractor.
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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 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 EOUIPMENT. 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
coverages to protect the City and Contractor against all loss, claims, damage and liabilities caused
by Contractor, its agents, or employees, as indicated below:
❑ Comprehensive General Liability with minimum limits of Two Million
Dollars ($2,000,000.00) per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability. Coverage must be offered in
a form no more restrictive than the latest edition of the Comprehensive
General Liability policy, without restrictive endorsements, as filed by the
Insurance Services Office, and shall specifically include the following with
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
minimum limits not less than those required for Bodily Injury Liability and
Property Damage Liability:
o Premises and Operation;
o Independent Contractors;
o Products and/or Completed Operations Hazard;
o Broad Form Property Damage;
o Broad Form Contractual Coverage applicable to this specific
Contract, including any hold harmless and/or indemnification
agreement.
o 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.
❑ 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 Homes Act. Employer's Liability
Insurance shall be provided with a minimum of One Million and 00/100
dollars ($1,000,000.00) per accident. Contractor agrees to be responsible for
the employment, conduct and control of its employees and for any injury
sustained by such employees in the course of their employment.
❑ 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 be 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:
o Owned Vehicles;
o Hired and Non -Owned Vehicles;
o Employers' Non -City ship.
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. The City reserves the right from time to time to change
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
the insurance coverage and limits of liability required to be maintained by Contractor hereunder.
Contractor shall also require and ensure that each of its sub -contractors providing services hereunder
(if any) procures and maintains, until the completion of the services, insurance of the types and to
the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS
IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY.
9. 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 be 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 ten (10) days to cure such default. If the default
remains uncured after ten (10) days the City may terminate this Agreement, 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. If Contractor fails, refuses or is unable to perform
any term of this Agreement, City shall pay for services rendered as of the date of
termination.
(i.) In the event of termination, all finished and unfinished documents, data and other
work product prepared by Contractor (and sub -Contractor (s)) shall be delivered
to the City and the City shall compensate the Contractor for all Services
satisfactorily performed prior to the date of termination, as provided in Paragraph
4 herein.
(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-off until such time as the exact amount of damages due the City
from the Contractor is determined.
B. Termination for Convenience of City. The City may, for its convenience and without
cause immediately terminate the Services then remaining to be performed at any time
by giving written notice. The terms of Paragraph A(i) and A(ii) above shall be
applicable hereunder.
C. Termination for Insolvency. 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 for the benefit of
creditors.
D. Termination for failure to adhere to the Public Records Law. Failure of the Contractor
to adhere to the requirements of Chapter 119 of the Florida Statutes and Section 18
below, may result in immediate termination of this agreement.
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
10. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall be
interpreted and construed in accordance with and governed by the laws of the State of Florida. All
parties agree and accept that jurisdiction of any dispute or controversy arising out of this Agreement,
and any action involving the enforcement or interpretation of any rights hereunder shall be brought
exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, and venue for
litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other
jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. In
the event it becomes necessary for the City to file a lawsuit to enforce any term or provision under
this Agreement, then the City shall be entitled to its costs and attorney's fees at the pretrial, trial and
appellate levels. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY
HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY
JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. Nothing in this
Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity,
defense, or privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes.
11. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of
this Agreement or any time for a period of 10 (Ten) 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.
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
City Attorney Office
City of Sunny Isles Beach
City of Sunny Isles Beach
18070 Collins Avenue
18070 Collins Avenue
Fourth Floor
Fourth Floor
Sunny Isles Beach, Florida 33160
Sunny Isles Beach, Florida
Tel: (305) 792-1701
33160
Tel: 305 792-1767
If to the Contractor:
Julie Campi
Partner
Amusement Source, LLC
859 Tyler Street
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Hollywood, Florida 33019
Tel: (954) 922-3530
aul celebrationsource.com
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 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. 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 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, directly or indirectly
which could 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
contractor to any benefit arising therefrom.
16. 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 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
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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.
17. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES.
Pursuant to Florida Statutes Section 287.135, 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 `B". 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
287.135.
18. 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
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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.
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) 792-1703,
CityClerk@sibfl.net, 18070 Collins Avenue, 4t" Floor, Sunny Isles Beach,
Florida 33160.
19. E -VERIFY. Florida Statute 448.095 directs all public employers, including municipal
governments, to verify the employment eligibility of all new public employees through the U.S.
Department of Homeland Security's E -Verify System, and further provides that a public
employer may not enter into a contract unless each party to the contract registers with and uses
the E -Verify system. Florida Statute 448.095 further provides that if a Consultant enters into a
contract with a subcontractor, the subcontractor must provide the Consultant with an affidavit
stating that the subcontractor does not employ, contract with, or subcontract with an
unauthorized alien.
In accordance with Florida Statute 448.095, Consultant is required to verify employee eligibility
using the E -Verify system for all existing and new employees hired by Consultant during the
contract term. Further, Consultant must also require and maintain the statutorily required
affidavit of its subcontractors. It is the responsibility of Consultant to ensure compliance with
E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit the E -
Verify website (hLtps://www.e-verify.gov/employers/enrolling-in-e-verify) and follow the
instructions. The Consultant must retain the I-9 Forms for inspection, and provide the attached
E -Verify Affidavit, attached hereto as Attachment "C".
20. 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.
21. CONTRACTOR'S EMPLOYEES AND REQUIRED IDENTIFICATION.
A. Prior to performing work in the City pursuant to this Agreement, all managers and employees
of Contractor, any independentcontractors, and any subcontractors (collectively
2021-7626 Amusement Source Page 9 of 11
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
"Personnel") shall be required to undergo a criminal background check consisting of a
Florida Department of Law Enforcement ("FDLE") and Florida Crime Information
Center/National Crime Information Center ("FCIC/NCIC") criminal records check. Any
Personnel not meeting this requirement will not be permitted to perform work under this
Agreement. Prior to each event, the City will request a list of names for those individuals
who will be working the event, and request proof of the cleared criminal background check.
In order to be deemed valid, the criminal background check results must have been issued
within the twelve (12) months immediately preceding the event. The Contractor shall be
solely responsible for the cost of the criminal background check described herein. Failure of
Contractor to comply with the provisions of Section 21(A), herein, shall be cause for
termination of the Agreement.
B. The Contractor's Personnel shall wear an identifiable uniform shirt provided by the
Contractor, and maintain a clean, neat appearance.
22. 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. 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. Each individual executing this Agreement on behalf of a party hereto hereby
represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized
by all necessary and appropriate action to execute this Agreement on behalf of such party and does
so with full legal authority to bind their respective party to this Agreement.
E. 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.
F. If there is a conflict or inconsistency between any term, statement, requirement, or
provision of any exhibit attached hereto, any document or events referred to herein, or any document
incorporated into this Agreement, the term, statement, requirement, or provision contained in this
Agreement shall prevail and be given superior effect and priority over any conflicting or inconsistent
term, statement, requirement or provision contained in any other document or attachment, including
but not limited to Attachments "A", `B" and "C".
2021-7626 Amusement Source Page 10 of 11
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles 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:
rint Name
A'
BN
THE AMUSEMENT SOURCE, LLC, d/b/a
AMUSEMENT SOURCE
BY:
Julie CarnpiJulie Carnpi, Pa�er
CITY OF S Y ISLES BEACH
BY:
fur, CMC, City Clerk George Scholl, Mayor
Department Head
2021-7626 Amusement Source Page l I of 11
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: Dc""'
,/ Edward A. Dion, City Attorney
J
rint Name
A'
BN
THE AMUSEMENT SOURCE, LLC, d/b/a
AMUSEMENT SOURCE
BY:
Julie CarnpiJulie Carnpi, Pa�er
CITY OF S Y ISLES BEACH
BY:
fur, CMC, City Clerk George Scholl, Mayor
Department Head
2021-7626 Amusement Source Page l I of 11
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: Dc""'
,/ Edward A. Dion, City Attorney
rx aF sup+ n
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
VIA: Stan Morris, City Manager
FROM: Gayle Vasile, Director of Cultural & Community Services
DATE: February 16, 2023
RE: Approval of a Second Amendment to the Agreement with The Amusemen�
Source, LLC for Event Rides
RECOMMENDATION:
Staff recommends approval of this Resolution.
REASONS:
In 2021, the city entered into a 2 -year agreement (via Resolution 2021-3178) with The Amusement
Source, LLC for event ride rental services for City -sponsored events. Staff has been satisfied with the
services provided by Amusement Source, LLC. Additionally, residents who have attended events thi!
year have enjoyed the rides, obstacles, and inflatables provided by Amusement Source. We wish to
exercise the city's first renewal option from March 17, 2023, through March 16, 2024. The total of the
renewal will have a not to exceed amount of $120,000.
FUNDING SOURCE:
Funding is budgeted for and available in the general fund in the Special Events Rentals account number
001.6.5730.444040.XXXXX for this fiscal year.
ATTACHMENTS:
Resolution
Second Amendment
Item Number: 10.1-1