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HomeMy WebLinkAboutReso 2024-3622RESOLUTION NO. 2024 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A THIRD AMENDMENT TO THE AGREEMENT WITH THE AMUSEMENT SOURCE, LLC., FOR EVENT RIDE RENTALS, IN AN AMOUNT NOT TO EXCEED EIGHTY-FIVE THOUSAND DOLLARS AND NO CENTS ($85,000.00); 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 181h, 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, on February 16th, 2023, via Resolution No. 2023-3469, the City Commission approved a Second Amendment to the Agreement with the Contractor, thereby exercising its first of three (3) renewal options, in an amount not to exceed $60,000.00, bringing the total contract amount not to exceed $300,000.00; and WHEREAS, the City being satisfied with the Services of the Contractor, and who has expressed its ability and willingness to continue providing these Services, wishes to renew the Agreement, thereby exercising its second of three (3) renewal options; and WHEREAS, the City Commission now wishes to approve a Third Amendment to the Agreement with the Contractor to provide the Services, in an amount not to exceed Eighty -Five Thousand Dollars and No Cents ($85,000.00); for a total contract amount not to exceed Three Hundred Eighty -Five Thousand Dollars and No Cents ($385,000.00), 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 Third Amendment. The City Commission hereby approves a Third Amendment to the Agreement with The Amusement Source, LLC. for event rides rentals and event activities, in an amount not to exceed Eighty -Five Thousand Dollars and No Cents ($85,000.00), for a total contract amount not to exceed Three Hundred Eighty -Five Thousand Dollars and No Cents ($385,000.00), attached hereto as Exhibit "A". @BCL@3COBA02A.Doc Page 1 of 2 207 Section 2. Authorization of Mayor. The Mayor is, hereby authorized to execute the Third Amendment. 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. ATTEST:;_ PASSED AND ADOPTED this 15' Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: -a Ma icio Beta cur, CMC, City Clerk ain E. Boileau for Nabors, Giblin & Nickerson, P.A., City Attorney J Moved by: ( t /�//DSIII/ �tfL U7�-;'&&a Seconded by: [/C� �yi i� L&ZV- :: Vote: Mayor Svechin (Yes) (No) Vice Mayor Lama (Yes) (No) Commissioner Joseph (Yes) (No) Commissioner Stuyvesant (Yes) (No) Commissioner Viscarra es) (No) @BCL@3COBA02A.Doc Page 2 of 2 208 4V}1NY )3;4 t,i THIRD AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND r •'.c'y. rtoa `i. . AMUSEMENT SOURCE, LLC .CONTRACT NO. 2021-7626 THIS THIRD AMENDMENT TO THE AGREEMENT between the CITY OF SUNNY ISLES BEACH ("City") and AMUSEMENT SOURCE, LLC ("Contractor") executed this t& day of.W&� 2024, is made a put 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 No. is 81-2079023. The City and Contractor hereby agree as follows: 1. ADDITIONAL COMPENSATION. Payment to Contractor is hereby amended to include additional compensation in the amount of Eighty -Five Thousand Dollars ($85,000.00), pursuant to the new schedule of rates appended hereto as Attachment "B." 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 Third 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. AMUSEMENT SOURCE, LLC J 'e eampt, Authorized ember STATE OF FLORIDA: COUNTY OF' The foregoing instrument was acknowledged before me by means of 0 physical presence or ❑ online notarization, this 50' day of416elr-tiai 2024, by Julie Campi, as authorized Member of Amusement Source, LLC. KlA'R.&l - 2.ov (SEAL) Notary pubilo $tets of Florida Anne Null Wtmga Rugn 111 L!�MY Oammlaelon HH e Expires 8110/ T Personally Known or Produced Identification Type of Identification Produced: 1. 91 AL -1 0- Notary Public, St e f Florida (Signature of Notary Public) (Print, Type, or Stamp Commissioned Name of Notary Public) Amusement Source, LLC — Third Amendment Page 1 of 4 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax ATT D. Department Head CITY4OFUNNISLESBEACH BY: Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: "j&-) ain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney Amusement Source, LLC - Third Amendment Page 2 of 4 210 City Of sUnny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33.160 (305) 947-0606 phone (305) 949-3113 Fax Attachment "A" Amusement Source, LLC — Third Amendment Page 3 of AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND THE AMUSEMENT SOURCE. LLC., d/b/a AMUSEMENT SOURCE CONTRACT NO. 2021-7626 �,.. Fro, °',� THIS AGREEMT (hereinafter referred to as the "Agreement") is made in ��` duplicate, this day of , 2021, by and between the CITY OF SUNNY ISLES BEACH, F orida, (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. 2021-7626 Amusement Source Page 1 of 11 211 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. 2021-7626 Amusement Source Page 2 of 11 212 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 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 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 2021-7626 Amusement Source Page 3 of 11 213 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 2021-7626 Amusement Source Page 4 of 1 l 214 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. 2021-7626 Amusement Source Page 5 of 11 215 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 2021-7626 Amusement Source Page 6 of 11 216 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 2021-7626 Amusement Source Page 7 of 11 217 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 2021-7626 Amusement Source Page 8 of 11 218 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, 41" 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 (https://www.e-verify. og v/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 11 219 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 1 I 220 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: 1WA. THE AMUSEMENT SOURCE, LLC, d/b/a AMUSEMENT SOURCE BY: i Julie Campi, Pater ATTER CITY OF S Y ISLES REACH is BY: BY: Mauricio Betan ur, CMC, City Clerk George Scholl, Mayor 9W Department Head 2021-7626 Amusement Source Page l i of 1 I APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Dc"." /Edward A. Dion, City Attorney 221 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, Cultural and Community Services Director DATE: February 15, 2024 RE: Approval of Third renewal with Amusement 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. Their second renewal expires or March 16, 2024. Staff has been satisfied with the services provided by Amusement Source, LLC Additionally, residents who have attended events this year have enjoyed the rides, obstacles, and inflatables provided by Amusement Source. Amusement Source has not raised its prices since 2021 and is requesting an increase for several of its services and rides. An updated price sheet is attached. We wish to exercise the city's Third renewal option from March 17, 2024, through March 16, 2025. The total of the renewal will have a not tc exceed amount of $85,000.00. ADDITIONAL INFORMATION: Copies of the complete contract documents, inclusive of the ITB and all exhibits, are on file with the Office of the City Clerk and are available upon request. 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 Item Number: 10.G 205 Third Amendment Item Number: 10.G 206