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
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
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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
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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.
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(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.
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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
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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
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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