HomeMy WebLinkAboutReso 2024-3641RESOLUTION NO. 2024 -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, AWARDING REQUEST FOR PROPOSAL NO. 24-02-02 TO, AND
AUTHORIZING THE CITY MANAGERTO NEGOTIATE AND EXECUTE AN AGREEMENT
WITH, EXQUISITE CATERING, PROVIDED SAID AGREEMENT IS FIRST APPROVED AS
TO FORM AND LEGAL SUFFICIENCY BY THE CITY ATTORNEY, UP TO AN AMOUNT
NOTTO EXCEED EIGHTY-FIVE THOUSAND DOLLARS AND NO CENTS ($85,000.00);
AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION; DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach (the "City") is in need of a vendor to provide
catering services for the City's 27th Anniversary Party (the "Services"); and
WHEREAS, on February 28, 2024, the City issued Request for Proposals No. 24-02-02, title
Catering Services for the City's Anniversary (the "RFP") and received two (2) proposals: Exquisite
Catering, and Style Catering Inc.; and
WHEREAS, upon careful review and consideration of the submissions by City staff, it was
determined that Exquisite Catering (the "Vendor") was the lowest responsive/responsible
proposer; and
WHEREAS, the Vendor has expressed its ability and desire to provide the desired Services;
and
WHEREAS, the City wishes to award Request for Proposal No. 24-02-02 to, and authorize
the City Manager to negotiate and execute an Agreement with, the Vendor, provided said
Agreement is first approved as to form and legal sufficiency by the City Attorney, up to an amount
not to exceed Ninety Thousand Dollars and No Cents ($90,000.00).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Award of Request for Proposal No. 24-02-02, The City Commission hereby awards
Request for Proposal No. 24-02-02 to Exquisite Catering by Robert.
Section 2. Authorization of City Manager and City Attorney. The City Manager is hereby
authorized to negotiate and execute an Agreement with Exquisite Catering by Robertforthe City's
27th Anniversary, provided said Agreement is first approved as to form and legal sufficiency by the
City Attorney, up to an amount not to exceed Ninety Thousand Dollars and No Cents ($90,000.00).
Section 3. Effective Date. This Resolution will become effective upon adoption.
@BCL@7COB009D.doc Page 1 of 2 29
PASSED AND ADOPTED this 1811 day bf Apjil, 2024.
ATTEST /'
s51Www&11jKww1M
Mauricio Betancur, rMC, City Clerk
Larisa Svechin, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
A in E. Boileau, for Nabors, Giblin &
Nickerson, P.A., City Attorney
6
y 6.
Moved b / LA Seconded b
Vote:
Mayor Svechin (Yes) (No)
Vice Mayor Lama (Yes) — No)
Commissioner Joseph (Yes) �/ (No)
Commissioner Stuyvesant (Yes) (No)
Commissioner Viscarra Z' (Yes) (No)
@BCL@7COB009D.doc Page 2 of 2
FOS,NNY/g<Fj.eAGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH
AND EXQUISITE CATERING BY ROBERT, INC.
CONTRACT NO. 2024-6349
t'
yF�FLOY�tiT
'` o. ,U„ THIS CONTRACTUAL AREEMENT (hereinafter referred to as the
"Agreement") is made in duplicate, this �' day of April, 2024, by and between the CITY OF
SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and EXQUISITE
CATERING BY ROBERT, INC., a corporation authorized to do business in the State of Florida
(hereinafter referred to as "Contractor") whose Federal Employer Identification (FEI) No. is 20-
8356568.
RECITALS
WHEREAS, the City is in need of a contractor to provide food and beverages catering
services for the City's Anniversary celebration event on June 2, 2024 at Samson Oceanfront Park
for an estimated 4,000 people ("Services"); and
WHEREAS, the City issued Request for Proposals ("RFP") No. 24-02-02, "Catering
Services for the City's Anniversary," a copy of which is appended hereto and incorporated herein
by reference as Attachment `B;" and
WHEREAS, Contractor has expressed the ability and desire to provide these Services, as
more fully described in their proposal, which is attached hereto as Attachment "A," and made a
part hereof; and
WHEREAS, upon evaluation, Contractor was determined to have submitted the lowest
responsible and responsive bid; and
WHEREAS, the City wishes to enter into this Agreement with Contractor to provide the
Services to the City, subject to the terms and conditions set forth herein, in an amount not to exceed
Eighty -Five Thousand Dollars and No Cents ($85,000.00);
NOW THEREFORE, in consideration of the mutual covenants contained in this
Agreement and other good and valuable consideration, the adequacy and receipt of which are hereby
acknowledged, 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,
Contractor's Proposal, appended hereto as Attachment "A" (hereinafter referred to collectively as
"Contract Documents") and RFP No. 24-02-02, appended hereto as Attachment `B,".
3. SERVICES. Contractor agrees to provide the Services as more particularly set forth in the
Contract Documents. All deliverables as per the Contract Documents shall be delivered, installed,
and event ready at Samson Oceanfront Park, 17425 Collins Avenue, at least two (2) hours prior to
5:00 pm on the day of event, June 4, 2024, and must be removed within two (2) hours after the end
of the event, which is scheduled at 10:00 pm.
EXQUISITE CATERING BY ROBERT, INC.
City of Sunny Isles Bench 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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 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.
In the event that the Contractor fails to complete the Services pursuant to the terms of this Agreement
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 Sel vices and any damages the
City may suffer as a result of the Contractor's failure to perform the Services.
4. TERM. Subject to the provisions relating to the termination of this Agreement as set forth
herein, the Term of this Agreement shall commence upon execution of this Agreement by all Parties,
and shall expire one (1) year thereafter. The City shall have the option, at its sole discretion, to renew
this Agreement for four (4) additional one (1) year terms.
The terms of Sections 13 and 15 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 Eighty -Five Thousand Dollars and No Cents ($85,000.00), to be charged at the rates set forth
in the Contract Documents. Payment to Contractor for all charges and tasks under this Agreement
shall be under the following conditions:
A. Disbursements. There are 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. 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 Agreement number assigned
hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment
Act. The City will pay properly submitted Contractor invoices within thirty (3 0) days
of receipt, for completed and accepted deliveries or specified services and/or goods,
unless the City notifies the Contractor in writing of the dispute, before payment is
due.
C. Availability of Funds. The City's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation for its purpose by the City
Commission. In the event the City Commission fails to appropriate funds for the
particular purpose of this Agreement during any year of the term hereof, then this
Agreement shall be terminated upon twenty (20) days written notice and the
EXQUISITE CATERING BY ROBERT, INC.
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Contractor shall be compensated for the Services satisfactorily performed prior to
the effective date of termination.
D. Final Invoice. In order for both parties herein to close their books and records, the
Contractor will clearly state "final invoice" on the Contractor's final/last billing to
the City. This certifies that all services have been properly performed and all charges
and costs have been invoiced to the City. Since this account will thereupon be closed,
any other additional charges, if not properly included on this final invoice, are waived
by the Contractor.
Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits,
overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor
with the prior written approval of the City. If the City disputes any charges on the invoices, it may
make payment of the uncontested amounts and withhold payment on the contested amounts until
they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or
make it a 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. LIQUIDATED DAMAGES. Failure to furnish the Services on the approved date of the
Event shall obligate Contractor to pay the City, as liquidated damages, and not as a penalty, a
minimum amount equal to Fifteen Thousand Dollars and No Cents ($15,000.00). If any liquidated
damages are unpaid by the Contractor, the City shall be entitled to deduct these unpaid liquidated
damages from the monies due the Contractor.
7. BACKGROUND CHECKS. Prior to performing work in the City pursuant to the
Agreement, Contractor, and managers, employees, independent contractors, and any subcontractors
of Contractor (collectively "Personnel") that will perform work under this Agreement 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. The background check will be performed by the
City's Human Resources Department, at the Contractor's sole expense. Failure of Contractor to
comply with this provision, shall be cause for termination of the Agreement.
8. 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.
EXQUISITE CATERING BY ROBERT, INC.
City of Sunny Isles Bench 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Contractor shall fiunish its own transportation, office and other supplies as it determines necessary
in carrying out its duties under this Agreement.
9. PROHIBITION ON POLYSTYRENE FOOD SERVICE ARTICLES AND PLASTIC
BEVERAGE STRAWS.
A. City Ordinance 2021-564 ("Polystyrene Ordinance") prohibits individuals and temporary
vendors who are located on or operating on City Property or a City Facility, as defined
therein, from carrying or using expanded polystyrene food service articles. In accordance
with City's Polystyrene Ordinance, STU shall not carry or use any products that violate the
City's prohibition against carrying or use of expanded polystyrene food service articles while
utilizing the City's Facility. It shall be the sole responsibility of the STU to ensure
compliance with the City's Polystyrene Ordinance.
B. Plastic Beverage Straws are prohibited in the City's Facility. As used herein, the term
"Plastic Beverage Straw" means a straw or stirrer provided, sold, or distributed for the
purpose of imbibing liquids or transferring a Beverage from its contained to the mouth of
the drinker by suction or for the purpose of mixing a Beverage, made predominately of
plastic derived from either petroleum or a biologically -based polymer, and includes
compostable and biodegradable petroleum or biologically -based polymer straws and stirrers,
but does not include straws and stirrers that are made from non -plastic materials, such as
paper, sugar cane, bamboo, etc. This prohibition shall not apply to individuals with a
disability or other impairment requiring use of a Plastic Beverage Straw.
10. 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:
A. Comprehensive General Liability with primary limits of One Million Dollars ($1,000,000)
per occurrence and Two Million Dollars ($2,000,000) aggregate during the initial and any
renewal term of this Agreement. Coverage must be afforded on 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 must include:
1. Premises and Ongoing Completed Operations — on a primary and non-contributory basis
including waiver of subrogation on behalf of the City of Sunny Isles Beach,
2. Independent Contractors
3. Broad Form Property Damage
4. Broad Form Contractual Coverage applicable to this specific Contract, including any
hold
5. Harmless and/or indemnification agreement.
6. 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.
EXQUISITE CATERING BY ROBERT, INC.
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
B. Umbrella Liability Insurance above the primary commercial general liability, automobile
liability, and employers' liability policies required herein. The limit shall not be less than
One Million Dollars ($1,000,000.00) each occurrence and annual aggregate per occurrence
during the initial and any renewal term of this Agreement.
C. 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 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.
D. 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:
1. Owned Vehicles;
2. Hired and Non -Owned Vehicles;
3. Employers' Non -City ship.
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 notify the City of Sunny Isles Beach
immediately and the Firm 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. All
deductibles must be declared by the Firm and must be approved by the City. At the option of the
City, either the Firm shall eliminate or reduce such deductible or the Firm shall procure a Bond, in
a form satisfactory to the City, covering the same.
Insurance required of the Contractor shall be primary to, and not contributory 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. Contractor shall also require and ensure that each of its
sub-Contractor(s) providing services hereunder (if any) procures and maintains, until the completion
EXQUISITE CATERING BY ROBERT, INC.
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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.
11. 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 shall be delivered to the City and
the City shall compensate the Contractor for all Services satisfactorily
performed prior to the date of termination.
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 terminate the Services then remaining to be performed at any time by giving
Contractor ten (10) days written notice. The terms of Paragraph A(1) and A(2) 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.
12. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of
this Agreement or any time for a period of ten (10) years subsequent to that date upon which this
Agreement shall terminate 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
EXQUISITE CATERING BY ROBERT, INC.
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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.
13. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted
by law, the Contractor agrees to indemnify and hold -harmless the City, its agents, representatives,
officers, directors, officials and employees from any claims, liabilities, damages, losses and costs,
including, but not limited to, reasonable attorney fees to the extent cause, in whole or in part, by the
professional negligence, error or omission of the Contractor or persons employed or utilized by the
Contractor in performance of Services under this Agreement. Contractor shall at all times hereafter
indemnify, hold harmless and, at the City's option, defend or pay for an attorney selected by the
City to defend City, its agents, representatives, officers, directors, officials and employees from and
against any and all causes of action, demands, claims, losses, liabilities and expenditures of any
kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by the
intentional or negligent act of, or omission of Contractor, including those of their employees, agents,
servants, or officers, or accruing, resulting from, or directly related to the subject matter of this
Agreement including, without limitation, any and all claims, losses, liabilities, expenditures,
demands or causes of action of any nature whatsoever resulting from injuries or damages sustained
by any person or property. In the event any lawsuit or other proceeding is brought against City by
reason of any such claim, cause of action or demand, Contractor shall, upon written notice from
City, resist and defend such lawsuit or proceeding by counsel satisfactory to City.
The provisions and obligations of this section shall survive the expiration or earlier termination of
this Agreement. To the extent considered necessary by City, any sum due Contractor under this
Agreement may be retained by City until all of City's claims for indemnification pursuant to this
Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject
to payment of interest by City.
14. 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.
15. 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,
EXQUISITE CATERING BY ROBERT, INC.
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
licenses, approvals and consents necessary for the lawful conduct of the activities contemplated
under this Agreement.
16. ASSIGNMENTS, TRANSFERS, SUBCONTRACTING. The Contractor shall not
subcontract, assign, or transfer any work under this Agreement without the prior written consent of
the City. Should the Contractor subcontract any services under this Agreement, it shall be done
with continued liability for the Contractor. The Contractor shall remain responsible for services,
responsibilities, and liabilities of any person or entity acting under Contractor.
17. 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 electronic mail (e-mail) 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:
Stan Morris
With a copy to:
City Manager
City Attorney
City of Sunny Isles Beach
City of Sunny Isles Beach
18070 Collins Ave.
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
Sunny Isles Beach, Florida 33160
Tel: (305)-792-1701
Tel: (305)-792-1702
smorrisa,sibfl.net
aboileauOwnanlaw.coin
If to the Contractor:
Robert Egert, President
1800 NE 150"' Street
N. Miami, Florida 33181
Tel: (305) 622-3663
robertOceXouisitecaterina.com
kath c ex uisitecaterin .con
18. PUBLIC RECORDS. The Contractor shall be required to comply with the following
requirements under Florida's Public Records Law:
A. Contractor shall keep and maintain public records required by the City to perform the
service.
B. 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.
C. 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
EXQUISITE CATERING BY ROBERT, INC.
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
duration of the contract term and following completion of the contract if the Contractor does
not transfer the records to the City.
D. Contractor shall, upon completion of the contract, transfer, at no cost, to the City all public
records in possession of the Contractor or keep and maintain public records required by the
City to perform the service. If the Contractor transfers all public records to the City upon
completion of the contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the contract, the
Contractor shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided by Contractor to the City, upon request from the City,
in a format that is compatible with the information technology systems of the City.
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, 4th
Floor, Sunny Isles Beach, Florida 33160.
19. 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.
20. 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.
21. 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
EXQUISITE CATERING BY ROBERT, INC.
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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 should conflict in any manner or degree with the performance of the Services. The Contractor
further covenants that in the performance of this Agreement, no person having any such interest
shall knowingly be employed by the Contractor. The Contractor guarantees that he/she has not
offered or given to any member of, delegate to the Congress of the United States, any or part of this
Agreement or to any benefit arising therefrom.
22. SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, and subject
to limited exceptions contained therein, a company is ineligible to, and may not, bid on, submit a
proposal for, or enter into or renew a contract with an agency or local governmental entity for goods
or services if at the time of bidding, submitting a proposal for, or entering into or renewing a
contract, the company is on the Scrutinized Companies that Boycott Israel List or is engaged in the
boycott of Israel. 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 company submitted a false certification, or at the time
of bidding, submitting a proposal for, or entering into or renewing a contract, is listed on the
Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in
the Iran Terrorism Sectors List, created pursuant to Florida Statute Section 215.473, or is or has
been engaged in business operations in Cuba or Syria, after July 1, 2018.
Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if
the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the
boycott of Israel. Contractors must submit the certification that is attached to this agreement as
Attachment "C." Submitting a false certification shall be deemed a material breach of contract. The
City shall provide notice, in writing, to the Contractor of the City's determination concerning the
false certification. The Contractor shall have ninety (90) days following receipt of the notice to
respond in writing and demonstrate that the determination was in error. If the Contractor does not
demonstrate that the City's determination of false certification was made in error, then the City shall
have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section
287.135.
23. 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.gov/employers/enrolling-in-e-verify) and follow the instructions. The
EXQUISITE CATERING BY ROBERT, INC. 10
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Consultant must retain the I-9 Forms for inspection, and provide the attached E -Verify Affidavit,
attached hereto as Attachment "D."
24. 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."
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
on the day and year first written above.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
[SIGNATURE PAGE TO FOLLOW]
EXQUISITE CATERING BY ROBERT, INC. I I
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
EXQUISITE CATERING BY ROBERT, INC.
1
BY -
Robert Egert, President
STATE OF FLORIDA:
COUNTY OF M'iRVi, DcetQ
The foregoing instrument was acknowledged before me by means of physical presence 090
online notarization, this day of ('� d , 2024, by Robert Egert, as President of Exquisite
Catering by Robert, Inc.
(SEAL)
�IPP'Y�pVB, Vanessa Osb6rn
Commission H es 5?29.2
Q 3566
Commission Expires 05.29.2027
iFoFF�op Bonded Through • Cynanotary
Florida •Notary Public
Personally Known ?q or Produced Identification o.
Type of Identification Produced: d1qv-e4j � , ce'l o
Notary Public, State of Florida
(Signature of Notary Public)
(Print, Type, or Stamp Commissioned
Name of Notary Public)
[ADDITIONAL SIGNATURE PAGE TO FOLLOW]
EXQUISITE CATERING BY ROBERT, INC. 12
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
ATTEST' CITY OF S Y ISLES BEACH
i
BY: BY:
Mauric o Betancur, MC, City Clerk Larisa Svechin, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: BY: 6
&M112
Department Head ain E. Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
EXQUISITE CATERING BY ROBERT, INC. 13 43
EXQUISITE CATERING BY ROBERT, INC.
1800 NE 150th Street
N. Miami, FL. 33181
(305)622-3663
Fax: (305)622-3003
Staffing
Robert Egert President
Kristina Egert Vice President
Vanessa Osburn Director of Operations
Garfield Christie General Manager
Ryan Moule Kitchen Manager
Katherin Ceron Special Events Coordinator
Team Members for the event To Be Determined
Robert Egert will be responsible for the day of the event coordination on June 2nd, 2024.
44
EXQUISITE CATERING BY ROBERT, INC.
1800 NE 1501h Street, North Miami, Fl. 33181 305-622-FOOD(3663)
Genesis Cuevas gcuevas@sibfl.net 305.792.1953
Sunday June 2nd, 2024 Samson Oceanfront Park
17425 Collins ave sunny isles beach 33160
Event Time Spm-10pm Staff Arrival 3:30pm
1/4 BBQ White & Dark Chicken
Char Grilled Hamburgers & Cheese Burgers
All Beef Hebrew National Kosher Hot Dogs
Boca Burgers (Available Upon Request)
Topping Bar- Crisp Lettuce, Juicy Red Tomato, Bermuda Onion, Dill Pickles, Relish, Sauerkraut,
Heinz Ketchup, Mayo, Mustard, Colemans BBQ Sauce, Salt and Pepper
_ J"" _"'
BBQ
.,......BBQ Baked Beans
Corn on the Cob dripped in Butter
Homemade Crispy Cole Slaw
Hot & Crisp French Fries
Beverage Stations
Soda -2 Liter Bottled Pepsi, Diet Pepsi, And Starry
Famous Homemade Lemonade/ Bottled Water / Sweet Tea
Dessert Stations
Fresh Baked Cookies and Brownies
Fresh Sliced Iced Cold Watermelon
All Paper Goods- Plates Utensils, Cups, Napkins, and Wet Naps
NO SYTROFOAM
The above menu is available for $17.99 per adult, based on 4,000 plus a 22% service charge.
Plus 40 Servers each are $230 each and 10 cooks and grills are $230 each.
Estimated total $99,291.20 includes food, 22% service fee, staff; and delivery fee
If you have any questions, please feel free to call me at 305-622-3663.
Thank you and I look forward to serving you in the future. Kathy 45
PRICE PROPOSAL
The firm's price per meal must include all labor costs and total cost of doing business, including, but not
limited to, the following: overhead, set-up and tear down costs, profit, travel time, service charges, gratuity,
delivery, potable water, lodging, fuel, propane, gas electric, generators, food products and transportation,
beverages, all necessary catering equipment including refrigeration, serving items, carry out food
containers, utensils, napkins, and fringe benefits. City has banned expanded polystyrene serving products,
BID FORM
#
Description
Estimated
Quantity
Unit Cost
Price per person
Extended Cost
1
(June 2, 2024)
4,000
$ 1 • ��
$ �j � q� e
__-- ff t
Renewal Periods
1
(June 2025)
4,000
$ a
$qn
2
( June 2026)
4,000
$ )LS
��
$ 0 l
3
( June 2027)
4,000
$ ,aaq
$
4
( June 2028)
4,000
0
—1S1
$ 1
Total Contract Amount
Roasted Vegetables, Fresh Cranberry Relish
PRICE SHEET # 2
2024 PRICES
AS -NEEDED EVENTS. NO GUARANTEE OF AWARD FOR THESE ITEMS BELOW.
NO ALCOHOL INCLUDED IN THE
Estimated Quantity
UNIT COST PRICE PER PERSON -
EVENTS BELOW
PROPOSE A MENU
HOLIDAY DINNER WITH SERVERS
250
EMPLOYEE PICNIC NO SERVERS
250
THANKSGIVING LUNCH (NO
250
$' (1
SERVERS)
Stuffing, Green Bean Casserole, Baked Sweet
Potatoes with Marshmallow Topping
Whipped Mashed Potatoes with Homemade
Gravy Homemade Macaroni & Cheese, Wild Rice
Roasted Vegetables, Fresh Cranberry Relish
Dinner roll/Cornbread Rolls and Butter)
ADMINISTRATIVE DAY /
30
$
DEPARTMENT BREAKFAST NO
SERVERS
t'
,1
i
*L� Gyy t�4. fl T- S4ip
C,rt OF SWM 1+tX0
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 Cultural & Community Services
DATE: April 18, 2024
RE: Award RFP No. 24-02-02 to, and Enter Into an Agreement with, Exquisite
Catering Services for the City's Anniversary Event
RECOMMENDATION:
Staff recommends approval of this Resolution.
REASONS:
Pursuant to the Code of Ordinance § 62-6(d), all purchases of and contracts for equipment, supplies and
contractual services, when the estimated cost shall exceed $50,000.00 shall be based on competitive
bids.
Cultural & Community Services expressed a need and budgeted catering services for the city's
anniversary. Based on the approved budgeted line item, Procurement released the subject Request for
Proposals.
On February 28, 2024 the City of Sunny Isles Beach issued Request for Proposals # 24-02-02, titled
Catering Services for the City's Anniversary. The Request for Proposals (RFP) was released on
DemandStar.com, City's social media and current and past food service vendors (such as, Timo's,
Shorty's, Exquisite Catering, Style Catering). Fifteen (15) Planholders registered on DemandStar to
receive notifications relating to this RFP, including Sergio's Restaurants, and Mama Jennie's Italian
Restaurant.
Item Number: 10.13
26
PURPOSE OF REQUEST FOR PROPOSALS:
The City of Sunny Isles Beach, Florida, (the "City") a municipality located in Miami -Dade County, Florida,
seeks to establish a contract with a qualified caterer "(the "Caterer," "Firm," or the "Proposer") to
provide food and beverages (which may include alcohol) catering services for the City's anniversary in
full accordance with the terms, conditions, and specifications contained in this Request for Proposals
(RFP). To be eligible for award of a contract in response to this solicitation, the Caterer must
demonstrate that they have successfully completed services, as specified in the Technical Specifications
of this solicitation, and are normally and routinely engaged in performing such services and are properly
and legally licensed to perform such work.
NUMBER OF PLATES SERVED
Event Attendance: 3,500-4,000 plates served. Only one plate per person is to be served.
MINIMUM QUALIFICATION REQUIREMENTS (MQRS)
1. The Prime or Sub -Contractor Firm shall hold the proper license from the Florida Department of
Business and Professional Regulation's to perform the Scope of Work set forth within this
solicitation to include being licensed with a Catering License/and/or Permanent Food Service
License, Retail Beverage License, and caterer license for beer, wine and liquor consumption on
premises (13ct� along with registration to conduct business in the State of Florida in all required
disciplines. Proposing Firm must provide a copy of the applicable license(s) with Firm's response.
Should the Caterer offer alcoholic beverages as part of its Catering Services, the Caterer shall, at
all times, exercise total independent, prudent, reasonable experienced judgment in the service of
alcoholic beverages by licensed bartenders. The Caterer shall take extreme care and ensure that
no alcoholic beverages are given to minors and will comply with all applicable laws and
regulations. Any service of alcohol to a minor by the Caterer may result in the Caterer's
immediate removal and contract default.
2. The Prime Proposer must demonstrate successfully having performed at least five (5) catering of
similar or greater size, scope, and complexityto the specifications of the RFP within the last two
(2) years, 2021-2023. The Proposer must be regularly engaged in food service including, but not
limited to restaurants, catering companies, or other similar food industry businesses.
3. The Proposer shall provide reference letters for no less than three (3) clients in which the
Proposer served as Prime Firm for projects similar in size and scope within the last two (2) years,
2021-2023. Please note that the references must be for the same projects in response to MQR
"b" above.
On March 26, 2024, the City received two electronic proposals in accordance with the RFP schedule,
Item Number: 10.13
27
Exquisite Catering by Robert and Style Catering Inc. Upon thorough review of both proposals, Exquisite
Catering by Robertwas determined to be the lowest responsive/responsible proposer. Although
Exquisite Catering by Robert submitted the lowest proposal, they agreed to negotiate their unit per
person rates from $24.82 (excluding service charge, servers, cooks, grills) to $14.99 per person
(excluding said items).
The recommendation is to award the Request for Proposal and enter into agreement with Exquisite
Catering by Robert.
ADDITIONAL INFORMATION:
In past years, Shorty's had been awarded the bid and fulfilled the contract satisfactorily. After bid
closing, Purchasing reached out to Shorty's to inquire why they had not bid this year. Their response was
that food and labor costs had increased so much since 2019, the last time they catered for us, that they
did not anticipate being awarded. When asked what their price would have been, they stated no less
than $28 per person. This confirmed that Exquisite Catering by Robert has provided the most cost
effective option for the City for this item.
Copies of the complete contract documents, inclusive of the RFP and all exhibits, are on file with the
Office of the City Clerk and are available upon request.
FUNDING SOURCE:
Funds have been appropriated in account no. 001-6-5730-452000-60833 ( CCS Supplies -Other
Operating -Spec Events CtyAnnv).
ATTACHMENTS:
Resolution
Agreement
Item Number: 10.6
28