Loading...
HomeMy WebLinkAboutReso 2024-3696RESOLUTION NO. 2024 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A FIRST AMENDMENT TO THE AGREEMENT WITH STYLE CATERING, INC., TO PROVIDE RENTAL MANAGEMENT SERVICES FOR THE GATEWAY CENTER, ATTACHED HERE TO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on June 161h, 2022, via Resolution No. 2022-3358, the City Commission of the City of Sunny Isles Beach (the "City") awarded Request for Proposals No. 22-03-01 (the "RFP") for rental management services for Gateway Center (the "Services") and authorized the City Manager to negotiate and execute an Agreement with Style Catering, Inc. (the "Contractor"); and WHEREAS, on August 4th, 2022, the City Manager executed a revenue sharing Agreement with the Contractor for an initial term of two (2) years, with an option to renew the Agreement for an additional two (2) year term and a subsequent renewal option for an additional one (1) year term; and WHEREAS, the City Manager being satisfied with the Services rendered by the Contractor executed a First Amendment to the Agreement exercising the City's first renewal option for an additional two (2) year period; and WHEREAS, the City Commission wishes to approve a First Amendment to the Agreement with the Contractor for the Services, 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 First Amendment. The City Commission hereby approves the First Amendment to the Agreement with Style Catering, Inc. to provide rental management services for the Gateway Center. Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said amendment. Section 3. Authorization of the 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. @BCL@7C0B1E2D.Doc Page 1 of 2 197 PASSED AND ADOPTED this 151h day of August, 2 . Larisa Svechin, Mayor CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 4im"&w A ain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney Moved by: _'Cs—w/(% � � � Seconded by �l //�y/®da/' ®so Vote: Mayor Svechin Vice Mayor Lama Commissioner Joseph Commissioner Stuyvesant Commissioner Viscarra '(Yes) (No) _,(fifes) (No) Yes) (No) (Yes) (No) (Yes) (No) @BCL@7C0B1E2D.Doc Page 2 of 2 198 SONNY SF e �" t FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND yc�R FLOp`Ns . , STYLE CATERING, INC. CONTRACT NO. 2022-7891-02 THIS FIRST AMENDMENT TO THE AGREEMENT between the CITY OF SUNNY ISLES BEACH ("City") and STYLE CATERING, INC. (hereinafter referred to as "Contractor"), executed this Z 'eday of August 2024, is made a part of the original Agreement between the City and Contractor, dated August 4, 2022 ("the Agreement"), attached hereto as Attachment "A." The City and Contractor hereby agree as follows: 1. OPTION TO RENEW. Effective August 5, 2024, the City hereby elects to exercise its option to renew the Agreement for an additional two (2) year term, as set forth in Section 5 of the original Agreement. There is one additional remaining 1 -year renewal, at the sole discretion of the City. 2. CITY'S RESPONSIBILITIES. City and Contractor wish to amend Section 4 of the Agreement, entitled "City's Responsibilities," as follows: The City shall: A. Set the fees for the use of Gateway Center ("Rental Fee"); deposit;W Rereive payment of a user's Rental Fee and seeur-it�, Q Within twa (2) weeps post evens date, the City shall r -e mirth e seeufityposit to the , loss any deduetions f« damages , eed ., a result of the o ,ft. OB. Update the shared calendar of events created and maintained by Contractor, to provide notice of black -out dates for which the Gateway Center will be unavailable for use/rental. 3. TERM. City and Contractor wish to amend Section 5 of the Agreement, entitled "Term," to add the following language: "Renewals of the Agreement by the City can be authorized and approved by the City Manager." 4. COMPENSATION. City and Contractor also wish to amend Section 6 of the Agreement, entitled "Compensation," as follows: The Gity Contractor shall collect retain seventy one hundred percent (74 100%) of the Rental Fee, and transfer thifty seventy percent (30-70%) of the Rental Fee to the C0 r - City. 5. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all other terms and conditions of the original Agreement between the parties, dated August 4, 2022, shall remain in full force and effect. 6. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions contained in this First 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." STYLE CATERING, INC. - FIRST AMENDMENT Page 1 of 8 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 7. 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 `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. 8. 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 Contractor enters into a contract with a subcontractor, the subcontractor must provide the Contractor 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, Contractor is required to verify employee eligibility using the E -Verify system for all existing and new employees hired by Contractor during the contract term. Further, Contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of Contractor 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 Contractor must retain the I-9 Forms for inspection, and provide the attached E -Verify Affidavit, attached hereto as Attachment "C." 9. HUMAN TRAFFICKING. Pursuant to Section 787.06, Florida Statutes, entitled "Human Trafficking," a governmental entity cannot execute, renew, or extend a contract with a nongovernmental entity that uses coercion for labor or services, as defined in Section 786.06(2), Florida Statutes. Contractor must submit the affidavit that is attached to this agreement as STYLE CATERING, INC. — FIRST AMENDMENT Page 2 of 8 City of Sumiy Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment "D," signed by an officer or an authorized representative of the Contractor. under penalty of perjury, attesting that Contractor does not use coercion for labor or services as defined in Section 786.06(2), Florida Statutes. Submitting a false certification shall be deemed a material breach of contract IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the date mentioned above. STYLE CATERING, INC. BY:-- Shaneil Sibblies. President STATE OF FLORIDA: COUNTY OF MIAMI-DADE: The foregoing instrument was acknowledged before me by means of IRphysical presence or ❑ online notarization, this 7'1 day.of August 2024, by Shaneil Sibblies, as President of Style Catering, file. (SEAL) No ary Public, State o Fl rida (Signature of Notary Public) >r Notary Public State of Florida MARIA BELEN ROJAS My Commission HH 084278 °+r Expires 04/232025 Personally Known — or Produced Identification X 1'ype of Identification Produced: EDL —www Eq()) -- (Print, Type, or Stem p Commissioned Name of Notary Public) [ADDITIONAL SIGNATURE PAGE 1.0 FOLLO\Vj Sll'r.F. CATGRING, INC. — PIRS1' A 41. ...... Page 3 01'8 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax ATTlPQ9P- CITYOF SUNN LES BEACH BY: Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY:6&u'v lain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney STYLE CATERING, INC. — FIRST AMENDMENT Page 4 of 8 AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH 41 -i -AND STYLE CATERING, INC. CONTRACT NO.2022-7891-02 �_ ,,F'DOl�FLCNO 4r C.of SUN rNV THIS AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this 4th day of August , 2022, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and STYLE CATERING, INC., a for-profit corporation authorized to do business in the State of Florida (hereinafter referred to as "Contractor"), whose Federal I.D. is #824608200. RECITALS WHEREAS, the City is in need of a contractor to provide turn -key event management operations of an existing City facility located at Gateway Center ("Services"); and WHEREAS, the City issued Request for Proposals ("RFP") No. 22-03-01, "Gateway Rental Management", as more particularly described in Attachment "A", a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, Contractor is a certified and insured entity with the necessary experience to provide the desired Services; and WHEREAS, pursuant to Resolution No. 2022-3358, the City Commission awarded the RFP to the Contractor, and the Contractor has agreed to provide the Services, as more particularly described in Attachment `B", a copy of which is attached hereto and incorporated herein by reference; 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, whereby Contractor will receive 30% of the rental fee as compensation, and the City shall retain the remaining 70% of the rental fee ("Revenue Share"). 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 following documents (collectively "Contract Documents") are hereby incorporated into and made, part of this Agreement: A. Request for Proposal No. 22-03-01, "Gateway Rental Management", including any and all addenda, prepared by the City ("RFP" or "Attachment A") B. The Contractor's response to the RFP ("Attachment B") In the event of any conflict between or among the Contract Documents, or any ambiguity or missing specifications or instruction, the following priority is established: Style Catering Page 1 of 17 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax A. First, specific direction from the City Manager (or designee) B. Second, this Agreement and any attachments C. Third, Attachment A. D. Fourth, Attachment B 3. SERVICES. Contractor agrees to provide the Services as more particularly set forth in the Contract Documents. Additionally, the Contractor shall assist the City in drafting a Gateway Center Rental Guide. Once completed and accepted by the City, Contractor shall abide by the terms and conditions of the aforementioned Rental Guide. The following tasks, shall be delivered to the City within sixty (60) days of full execution of the Agreement: A. Researching comparable venues and rental rates, and recommending a structure of rental fees associated with renting each area of the facility, including varying rates for, at minimum, resident, non-resident, non-profit, for profit. i. Thereafter, the Contractor shall be required to evaluate and update rental fees annually. B. Developing a rental application form, including all pertinent information from an applicant related to the proposed event, to be reviewed and approved by the City. C. Developing a list of pre -qualified vendors that Contractor can utilize in the execution and management of an event at the facility. The Contractor's proposed vendors must be reviewed and approved by the City. D. Developing an effective marketing program. 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. 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 Services and any damages the City may suffer as a result of the Contractor's failure to perform the Services. 4. CITY'S RESPONSIBILITIES. The City shall: A. Set the fees for the use of Gateway Center ("Rental Fee"); B. Receive payment of a user's Rental Fee and security deposit; C. Within two (2) weeks post event date, the City shall return the security deposit to the user, less any deductions for damages caused as a result of the event; Style Catering Page 2 of 17 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax D. Update the shared calendar of events created and maintained by Contractor, to provide notice of black -out dates for which the Gateway Center will be unavailable for use/rental. 5. TERM. Subject to the City's ability to terminate the Agreement in accordance with Section 16 hereunder, the term of this Agreement shall begin upon the execution of the Agreement by all parties and shall remain in effect for an initial two (2) year term. The City, at its sole option, may renew the Agreement for an additional two (2) year term and a subsequent renewal for an additional one (1) year term. Exercising any of the aforementioned options to renew is at the sole discretion of the City Payment will be made only for work completed to the satisfaction of the City. The terms of Sections 17 and 21 entitled "Indemnification and Waiver of Liability," and "Compliance with Law," respectively, shall survive termination of this Agreement. 6. COMPENSATION. Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with the agreed Revenue Share, as set forth below, and under the following conditions: The City shall retain seventy percent (70%) of the Rental Fee, and transfer thirty percent (30%) of the Rental Fee to the Contractor. A. Disbursements. There are no reimbursable expenses associated with this contract except for expenses approved by the City Manager. B. Payment Schedule. Invoices shall be remitted by the Contractor to the City on a monthly basis. The invoices shall list the preceding months events for which the invoice covers, which shall include the event date(s). Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. If services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto. 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. 7. 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, Style Catering Page 3 of 17 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. 8. OWNERSHIP OF DOCUMENTS. 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. 9. 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: A. Comprehensive General Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, and Two Million Dollars ($2,000,000) aggregate with the City of Sunny Isles named as an Additional Insured, along with a Waiver of Subrogation for the benefit of the City of Sunny Isles Beach. Coverage to be provided on a Primary and Non-contributory format. 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: i. Premises and Operation ii. Independent Contractors iii. Products and/or Completed Operations Hazard iv. Broad Form Property Damage V. Liquor Liability Insurance vi. Broad Form Contractual Coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement. vii. 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. B. Excess Umbrella Liability with a minimum limit of Two Million Dollars ($2,000,000), over and above the Comprehensive General Liability, Business Automobile Liability and Employers' Liability limits and coverage forms indicated. C. Management Professional Liability with a One Million Dollar ($1,000,000) minimum limit of liability. Style Catering Page 4 of 17 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax D. Owned and Non -owned Business Automobile Liability with a minimum limit of One Million Dollars ($1,000,000). The City of Sunny Isles Beach to be named as an Additional Insured with the benefit of a Waiver of Subrogation. 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: i. Owned Vehicles, if applicable; ii. Hired and Non -Owned Vehicles; iii. Employers' Non -Ownership. The City shall be named as an additional insured on the above -referenced policies. E. 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. 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 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. 10. TERMINATION AND REMEDIES FOR BREACH. A. Termination for Cause. 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. Style Catering Page 5 of 17 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax (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 6. (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 without notice. If the City terminates for convenience pursuant to this Paragraph, the terms of Paragraph 10(A)(i) and 10(A)(ii) above shall be applicable hereunder, and the Contractor shall not accept, book, or coordinate any further events for the City. For those events that were scheduled by the Contractor during the term of the Agreement, for which a deposit was obtained, but the event is scheduled to occur after the effective date of the termination provided for herein, at the sole option of the City, the City may require that the Contractor provide the Services for said event subject to the terms and conditions of this Agreement. 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 19 below, may result in immediate termination of this agreement. 11. 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 Style Catering Page 6 of 17 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. 12. 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. 13. 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: Stan Morris 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: 5)792-1767 If to the Contractor: Style Catering, Inc. 7705 NW 29th Street, Suite 103 Doral, Florida 33122 305.496.2405 shaneil@stylehospitality.com 14. AUDIT. The Contractor shall make available to the City or its representative all required financial records associated with the Agreement for a period of Seven (7) years. 15. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard Style Catering Page 7 of 17 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. 16. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the Miami -Dade County Conflict of Interest Ordinance Section 2-11.1, which is 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 contract or to any benefit arising therefrom. 17. INDEMNIFICATION AND WAIVER OF LIABILITY. The Contractor agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents, representatives, officers, directors, officials and employees from and against claims, damages, losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of appellate proceedings) relating to, arising out of or resulting from the Contractor's negligent acts, errors, mistakes or omissions relating to Services performed under this Agreement. The Contractor's duty to defend, hold harmless and indemnify the City, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to impairment, or destruction of tangible property including loss of use resulting therefrom, caused by any negligent acts, errors, mistakes or omissions related to Services in the performance of this Agreement including any person for whose acts, errors, mistakes or omissions the Contractor may be legally liable. 18. 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 Style Catering Page 8 of 17 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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. 19. 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 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. Style Catering Page 9 of 17 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 20. 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 Contractor enters into a contract with a subcontractor, the subcontractor must provide the Contractor 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, Contractor 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, Contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of Contractor to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website (hMs://www.e-verify.jzov/eMployers/enrolliniz-in-e-verify ) and follow the instructions. The Consultant must retain the 1-9 Forms for inspection, and provide the attached E -Verify Affidavit, attached hereto as Attachment "D". 21. 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. 22. 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. Style Catering Page 10 of 17 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 23. BACKGROUND CHECKS. All staff managing events on site related to this Agreement shall be required, at their sole cost and expense, to pass a criminal background check performed by the City. The criminal background check shall consist of a Florida Department of Law Enforcement ("FDLE") Florida Crime Information Center/National Crime Information Center ("FCIC/NCIC") criminal records check. Any personnel not meeting this requirement will not be permitted to work at any City facility. A violation of this requirement shall constitute a substantial material breach of this Agreement. Contractor expressly understands and agrees that a duty is hereby created under this Agreement that requires Contractor to provide ongoing disclosure throughout the term of this Contract as provided for herein relative to the criminal background screening required by this Section. 24. DAMAGE TO CITY PROPERTY. The City has agreed that all rentals of Gateway Center managed by the Contractor shall be required to exclusively use the Contractor's pre -qualified vendors. Therefore, any damages to Gateway Center or City property caused by the Contractor, the Contractor's employees, subcontractors, vendors, agents, or that occur during an event managed by the Contractor, shall be the responsibility of the Contactor, including but not limited to: A. Broken equipment and/or furniture; B. Stains on walls, floors, or equipment; C. Defacement of any part of the interior or exterior of the building; D. Damage caused by improper use of equipment; and/or E. Missing equipment or equipment parts; The Contractor's responsibility under this provision for damage to the City's property shall be based on replacement or repair costs incurred by the City. To the extent that it can be determined that the damages were as a direct result of a renter/user, the City will withhold the appropriate amounts from the renter's security deposit. However, if the damage fees exceed the security deposit amount, the City will invoice Contractor for those damages in excess of the deposit amount. 25. 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 Style Catering Page 11 of 17 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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", "C" and "D". IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. WITNESS: STYLE CATERING, INC. BY: Signatut Shaneil Sibblies, President Brittany Ya -pp- Print Name ATTES i CITY OF SUNNY ISLES BEACH BY: BY: Matio Beta ur, CMC, City Clerk Stan Morris, City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY Style Catering Page 12 of 17 City of Sunny Isles Beach Department Head 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (A) 549--3-113,F4x Style Catering Page 13 of 17 BY: V Edward A. Dion, City Attorney .w 'Fps L0 gip` S,r C �pV 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 and Community Services DATE: August 15, 2024 RE: Approval of a First Amendment with Style Catering for Rental Management Services for Gateway Center RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: Style Catering was awarded RFP 22-03-01 in June 2022. After negotiating a contract inclusive of rental fees, Style Catering entered into an agreement on August 4, 2022, to provide event management services for rentals at Gateway Center. At that time, we envisioned the space at Gateway Center as a very special event rental option, like those offered in our hotels. Some looked at this as a revenue generator. After operating for two years, we realized the direction had shifted due to limited availability for private events based on program needs. Therefore, we are no longer interested in marketing this space as a revenue source but rather for exclusive events. Pelican Community Park remains an option for more casual events, and our hotel community provides options for more elaborate and larger events. However, for those occasions when we host a smaller bar/bat mitzvah, wedding, baby shower, or birthday, we want to ensure that we have a reliable, responsible, and professional venue manager/planner to manage these events from start to finish. In addition to being an excellent venue manager, Style Catering has proven to be a great partner for ensuring our facilities are well taken care of and rules are followed. Contracting with Style Catering has provided a nominal revenue source to the city while maintaining the high quality of the facility and the events the city has become known for without much support from our Item Number: 10.F 195 staff. Their customers, mostly residents, have been very pleased with the venue at Gateway Center and the service of Style Catering. To date, the facility has been used for events, meetings, and rentals 447 times and has brought in a total of $115,300.90 in revenue. It is recommended that the City Commission approve the first renewal to Style Catering and authorize the City Manager to renew a two-year revenue -generating agreement with them. ADDITIONAL INFORMATION: Copies of the complete contract documents are on file with the Office of the City Clerk and are available upon request. FUNDING SOURCE: No funding source is required for this item. ATTACHMENTS: Resolution First Amendment Item Number: 10.F 196