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HomeMy WebLinkAboutReso 2025-3806RESOLUTION NO. 2025 - W (P A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A FIRST AMENDMENT TO THE AGREEMENT WITH EXQUISITE CATERING BY ROBERT, INC., TO PROVIDE CATERING SERVICES FOR THE CITY'S 28TH ANNIVERSARY EVENT, IN AN AMOUNT NOT TO EXCEED SEVENTY-THREE THOUSAND FIVE HUNDRED FORTY-FOUR DOLLARS AND SIXTY CENTS ($73,544.60), ATTACHED HERETO 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, the City of Sunny Isles Beach (the "City") is in need of a vendor to provide catering services (the "Services"); and WHEREAS, on February 28, 2024, the City issued Request for Proposals No. 24-02-02, title Catering Services for the City's Anniversary (the "RFP") and received two (2) proposals: Exquisite Catering by Robert, Inc. (the "Vendor"), and Style Catering Inc.; and WHEREAS, on April 18, 2024, via Resolution No. 2024-3641, awarded the RFP to, and approved an Agreement with, the Vendor in an amount not to exceed $85,000.00; and WHEREAS, the City being satisfied with the Services provided with the Vendor wishes to exercise its first of four (4), one year renewal option; and WHEREAS, the Vender has expressed its ability and desire to continue providing the desired Services to the City; and WHEREAS, the City Commission wishes to approve a First Amendment to the Agreement with the Vendor for the Services, in amount not to exceed Seventy -Three Thousand Five Hundred Forty -Four Dollars and Sixty Cents ($73,544.60), attached hereto as Exhibit "A", bringing the contract total not to exceed amount to One Hundred Fifty -Eight Thousand Five Hundred Forty -Four Dollars and Sixty Cents ($158,544.60): 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 the Vendor to provide the Services, in amount not to exceed Seventy -Three Thousand Five Hundred Forty -Four Dollars and Sixty Cents ($73,544.60), , attached hereto as Exhibit "A", bringing the contract total not to exceed amount to One Hundred Fifty -Eight Thousand Five Hundred Forty -Four Dollars and Sixty Cents ($158,544.60). Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Amendment. @BCL@5C09B991.Doc Page 1 of 2 64 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. PASSED AND ADOPTED this 20th day offilarclj, 2025. Larisa Svechin,'Mayor ATTEST -APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Mauridp Betancur CMC, City Clerk 949( lzu." ain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney Moved by Seconded by:���A41-5S /DM.44 Vote: Mayor Svechin /Yes) (No) Vice Mayor Lama Yes) (No) Commissioner Joseph (Yes) ) Commissioner Stuyvesant Yes) ✓ (No) Commissioner Viscarra d (Yes) (No) @BCL@5C09B991.Doc Page 2 of 2 65 SUNNY-'S"I FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND EXQUISITE CATERING BY ROBERT, INC. CONTRACT NO. 2024-6349 THIS FIRST AMENDMENT TO THE AGREEMENT between the CITY OF SUNNY ISLES BEACH ("City") and EXQUISITE CATERING BY ROBERT, INC., a Florida corporation, �Aday Federal Employer Identification (FEI) Number is 20-8356568 ("Contractor"), executed this of March, 2025, is made a part of the original Agreement between the City and Contractor, dated April 25, 2024 ("the Agreement"), attached hereto as Attachment "A." The City and Contractor hereby agree as follows: 1. OPTION TO RENEW. Effective April 26, 2025, the City hereby elects to exercise its option to renew the Agreement for one (1) year, up through and including April 25, 2026, as set forth in Section 4 of the Agreement. There are three (3) remaining renewal option. 2. THE CONTRACT DOCUMENTS. City and Contractor wish to amend Section 2 of the Agreement, entitled "The Contract Documents," by adding Contractor's 2025 Proposal, which is appended hereto as Attachment "B." 3. SERVICES. City and Contractor wish to amend Section 3 of the Agreement, entitled "Services," as follows: Contractor agrees to provide the Services as more particularly set forth in the Contract Documents. All deliverables as per the Contract Documents shall be delivered, installed, and event ready at Samson Oceanfront Park, 17425 Collins Avenue, at least two (2) hours prior to 5:00 pm on the day of event, June 29, 2025, and must be removed within two (2) hours after the end of the event, which is scheduled at 10:00 pm. 4. ADDITIONAL COMPENSATION. City and Contractor wish to amend Section 5 of the Agreement, entitled "Compensation," to provide additional compensation for the Services and rates more particularly described in Attachment "B," in an amount not to exceed Seventy -Three Thousand Five Hundred Forty -Four Dollars and Sixty Cents ($73,544.60). The additional compensation provided herein will bring the total Agreement to a not -to -exceed amount of One Hundred Fifty -Eight Thousand Five Hundred Forty -Four Dollars and Sixty Cents ($158,544.60). 5. INSURANCE. City and Contractor wish to amend Section 10 of the Agreement, entitled "Insurance," to include the following additional coverage: E. Liquor liability insurance policy, in standard form, insuring Contractor, and City as an additional insured on a primary and non-contributory status in favor of City, against any and all liability for bodily injury or property damage arising directly or indirectly from the sale or dispensing of alcoholic beverages, with a policy limit of not less than One Million Dollars ($1,000,000.00) general aggregate. 6. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all terms and conditions of the original Agreement between the parties, dated April 25, 2024, shall remain in full force and effect. 66 EXQUISITE CATERING BY ROBERT, INC. — FIRST AMENDMENT Page 1 of 7 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 7. 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 Attachments "A" and "B." 8. SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, and subject to limited exceptions contained therein, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services if at the time of bidding, submitting a proposal for, or entering into or renewing a contract, the company is on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel. Contractors must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City's option if it is discovered that the company submitted a false certification, or at the time of bidding, submitting a proposal for, or entering into or renewing a contract, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Florida Statute Section 215.473, or is or has been engaged in business operations in Cuba or Syria, after July 1, 2018. Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. Contractors must submit the certification that is attached to this agreement as Attachment "C." Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 287.135. 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 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. [REMAINDER OF PAGE LEFT BLANK] EXQUISITE CATERING BY ROBERT, INC. — FIRST AMENDMENT Page 2 of 7 67 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax EXQUISITE CATERING BY ROBERT, INC. BY• ert Egert, Presi ent STATE OF FLORIDA: COUNTY OF MIAMI-DADE: The foregoing instrument was acknowledged before me by means of E15hysical presence or Cf online notarization, this a:S� day of March, 2025, by Robert Egert, as President of Exquisite Catering by Robert, Inc. (SEAL) Vanessa Osburn Notary Public, State of Florida Commission # HH 403566 (Signature of Notary Public) w Commission Expires 05-29.2027 1 Bonded Through ry Public ry \ I /1 i r C, p J W oFf�° Florida •Nota Public V lA �l.X� �"j (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known mor Produced Identification _ Type of Identification Produced64-0, s \ � u, V ATTEST: M. CMC City Clerk CITY OF UNNY ISLES BEACH BY: 0 Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: AaffiE.ileau, for Nabors, Giblin & Nickerson, P.A., City Attorney EXQUISITE CATERING BY ROBERT, INC. — FIRST AMENDMENT Page 3 of 7 EXQUISITE CATERING BY ROBERT, INC. 1800 NE 150th Street, North Miami, Fl. 33181 305-622-FOOD(3663) Sunday June 29th, 2025 Samson Oceanfront Park, 17425 Collins Avenue. Event Time Spm-10pm Staff Arrival 3:30pm BBQ Menu #1 1/2 BBQ White & Dark Chicken Corn on the Cob dripped in Butter Seasoned Fries (in basket/cones) `An Exquisite Event, Every time" I •e EXQUISITE CATERING BY ROBERT, INC. 1800 NE 1S01h Street, North Miami, Fl. 33181 30S-622-FOOD(3663) Picnic Menu #2 Char Grilled Cheeseburger In Clam Containers Crisp Lettuce, Juicy Red Tomato, Bermuda Onion All Beef Hebrew National Kosher Hot Dog Individual Ketchup, Mayo, Mustard, Colemauce Side Items BBQ Baked Beans Corn on the Cob dripped in Butter Seasoned Fries (in basket/cones) "An Exquisite Event, Every time" EXQUISITE CATERING BY ROBERT, INC. 1800 NE 1501h Street, North Miami, Fl. 33181 305-622-FOOD(3663) 4 Picnic Menu #2 Char Grilled Cheeseburger In Clam Containers Crisp Lettuce, Juicy Red Tomato, Bermuda Onion All Beef Hebrew National Kosher Hot Dog Individual Ketchup, Mayo, Mustard, Colemans BBQ Sauce Side Items BBQ Baked Beans Corn on the Cob dripped in Butter Seasoned Fries (in basket/cones) "An Exquisite Event, Every time" 70 EXQUISITE CATERING BY ROBERT, INC. 1800 NE 1501h Street, North Miami, Fl. 33181 305-622-FOOD(3663) Pasta Menu #2 Penne alla Vodka with Grilled Chicken Penne alla vodka no Chicken (Vegetarian Option) Gourmet Caesar Salad, Garlic Croutons, and Shaved Parmesan with Dressing Garlic Rolls Beverage Stations Soda -2 Liter Bottled Pepsi, Diet Pepsi, And Starry Famous Homemade Lemonade/ Bottled Water / Sweet Tea Cash Bar $8 Beer or Wine, $10 Mixed Drinks Dessert Stations Fresh Baked Cookies and Brownies Fresh Sliced Iced Cold Watermelon All Paper Goods- Plates Utensils, Cups, Napkins, and Wet Naps NO SYTROFOAM The above menu is available for $17.99 per adult, based on 3,000 plus an 18% service charge. Plus 32 Servers each are $230 each and 10 cooks and grills are $230 each. Estimated total $73,544.60 includes food, 18% service fee, staff, and delivery fee Estimated total based on 2,500 guest $62,930.50 includes food, 18% service fee, staff, and deliveCE fee If you have any questions, please feel free to call me at 305-622-3663. Thank you and I look forward to serving you in the future. Kathy `An Exquisite Event, Every time" 71 A�OS HER CATERING 3 0 5. 8 9 5. 3 2 2 9 100 Individual Kosher Meals Hamburger Hot Dogs Beans Corn The above menu is available for $24.9 per person. 72 KOSHER CnT ERING 3 0 5. 8 9 5. 3 2 2 9 100 Individual Kosher Meals Hamburger Hot Dogs Beans Corn The above menu is available for $24.99 per person. AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH e AND EXQUISITE CATERING BY ROBERT, INC. A A " n CONTRACT NO. 2024-6349 0 THIS CONTRACTUAL REEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this day of April, 2024, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and EXQUISITE CATERING BY ROBERT, INC., a corporation authorized to do business in the State of Florida (hereinafter referred to as "Contractor") whose Federal Employer Identification (FEI) No. is 20- 8356568. RECITALS WHEREAS, the City is in need of a contractor to provide food and beverages catering services for the City's Anniversary celebration event on June 2, 2024 at Samson Oceanfront Park for an estimated 4,000 people ("Services"); and WHEREAS, the City issued Request for Proposals ("RFP") No. 24-02-02, "Catering Services for the City's Anniversary," a copy of which is appended hereto and incorporated herein by reference as Attachment "B;" and WHEREAS, Contractor has expressed the ability and desire to provide these Services, as more fully described in their proposal, which is attached hereto as Attachment "A," and made a part hereof; and WHEREAS, upon evaluation, Contractor was determined to have submitted the lowest responsible and responsive bid; and WHEREAS, the City wishes to enter into this Agreement with Contractor to provide the Services to the City, subject to the terms and conditions set forth herein, in an amount not to exceed Eighty -Five Thousand Dollars and No Cents ($85,000.00); NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement and other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, the Parties agree as follows: 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement, Contractor's Proposal, appended hereto as Attachment "A" (hereinafter referred to collectively as "Contract Documents") and RFP No. 24-02-02, appended hereto as Attachment "B,". 3. SERVICES. Contractor agrees to provide the Services as more particularly set forth in the Contract Documents. All deliverables as per the Contract Documents shall be delivered, installed, and event ready at Samson Oceanfront Park, 17425 Collins Avenue, at least two (2) hours prior to 5:00 pm on the day of event, June 4, 2024, and must be removed within two (2) hours after the end of the event, which is scheduled at 10:00 pm. EXQUISITE CATERING BY ROBERT, INC. 73 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Contractor agrees to furnish all labor and material in a good and workmanlike and professional manner to perform Services. Contractor agrees to have a qualified representative to audit and inspect the Services provided to ensure all Services are being performed in accordance with the City's needs and pursuant to the terms of this Agreement and shall report to the City accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to the City's property, improvements, and persons. Contractor will require its employees to perform their work in a manner befitting the type and scope of work to be performed. In the event that the Contractor fails to complete the Services pursuant to the terms of this Agreement and City must undertake the completion of performance of Services, Contractor agrees to indemnify the City for all costs incurred with respect to the completion of those Services and any damages the City may suffer as a result of the Contractor's failure to perform the Services. 4. TERM. Subject to the provisions relating to the termination of this Agreement asset forth herein, the Term of this Agreement shall commence upon execution of this Agreement by all Parties, and shall expire one (1) year thereafter. The City shall have the option, at its sole discretion, to renew this Agreement for four (4) additional one (1) year terms. The terms of Sections 13 and 15 entitled "Indemnification and Waiver of Liability," and "Compliance with Law," respectively, shall survive termination of this Agreement. 5. COMPENSATION. During the term of this Agreement, in whatever capacity rendered, the City shall pay Contractor for Services performed under this Agreement, in a total amount not to exceed Eighty -Five Thousand Dollars and No Cents ($85,000.00), to be charged at the rates set forth in the Contract Documents. Payment to Contractor for all charges and tasks under this Agreement shall be under the following conditions: A. Disbursements. There are no reimbursable expenses associated with this Agreement. B. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. If services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the Agreement number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. The City will pay properly submitted Contractor invoices within thirty (30) days of receipt, for completed and accepted deliveries or specified services and/or goods, unless the City notifies the Contractor in writing of the dispute, before payment is due. C. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. In the event the City Commission fails to appropriate funds for the particular purpose of this Agreement during any year of the term hereof, then this Agreement shall be terminated upon twenty (20) days written notice and the EXQUISITE CATERING BY ROBERT, INC. 2 74 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Contractor shall be compensated for the Services satisfactorily performed prior to the effective date of termination. D. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's fmal/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 6. LIQUIDATED DAMAGES. Failure to furnish the Services on the approved date of the Event shall obligate Contractor to pay the City, as liquidated damages, and not as a penalty, a minimum amount equal to Fifteen Thousand Dollars and No Cents ($15,000.00). If any liquidated damages are unpaid by the Contractor, the City shall be entitled to deduct these unpaid liquidated damages from the monies due the Contractor. 7. BACKGROUND CHECKS. Prior to performing work in the City pursuant to the Agreement, Contractor, and managers, employees, independent contractors, and any subcontractors of Contractor (collectively "Personnel") that will perform work under this Agreement shall be required to undergo a criminal background check consisting of a Florida Department of Law Enforcement ("FDLE") and Florida Crime Information Center/National Crime Information Center ("FCIC/NCIC") criminal records check. Any Personnel not meeting this requirement will not be permitted to perform work under this Agreement. The background check will be performed by the City's Human Resources Department, at the Contractor's sole expense. Failure of Contractor to comply with this provision, shall be cause for termination of the Agreement. 8. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent contractor and shall be treated as such for all purposes. Nothing contained in this Agreement, or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this Agreement. EXQUISITE CATERING BY ROBERT, INC. 3 75 City of Sunny Isles Bench 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 9. PROHIBITION ON POLYSTYRENE FOOD SERVICE ARTICLES AND PLASTIC BEVERAGE STRAWS. A. City Ordinance 2021-564; ("Polystyrene Ordinance") prohibits individuals and temporary vendors who are located on or operating on City Property or a City Facility, as defined therein, from carrying or using expanded polystyrene food service articles. In accordance with City's Polystyrene Ordinance, STU shall not carry or use any products that violate the City's prohibition against carrying or use of expanded polystyrene food service articles while utilizing the City's Facility. It shall be the sole responsibility of the STU to ensure compliance with the City's Polystyrene Ordinance. B. Plastic Beverage Straws are prohibited in the City's Facility. As used herein, the term "Plastic Beverage Straw" means a straw or stirrer provided, sold, or distributed for the purpose of imbibing liquids or transferring a Beverage from its contained to the mouth of the drinker by suction or for the purpose of mixing a Beverage, made predominately of plastic derived from either petroleum or a biologically -based polymer, and includes compostable and biodegradable petroleum or biologically -based polymer straws and stirrers, but does not include straws and stirrers that are made from non -plastic materials, such as paper, sugar cane, bamboo, etc. This prohibition shall not apply to individuals with a disability or other impairment requiring use of a Plastic Beverage Straw. 10. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, contractors or employees, as more particularly set forth below: A. Comprehensive General Liability with primary limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate during the initial and any renewal term of this Agreement. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: 1. Premises and Ongoing Completed Operations — on a primary and non-contributoiy basis including waiver of subrogation on behalf of the City of Sunny Isles Beach. 2. Independent Contractors 3. Broad Form Property Damage 4. Broad Form Contractual Coverage applicable to this specific Contract, including any hold 5. Harmless and/or indemnification agreement. 6. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. EXQUISITE CATERING BY ROBERT, INC. 4 76 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax B. Umbrella Liability Insurance above the primary commercial general liability, automobile liability, and employers' liability policies required herein. The limit shall not be less than One Million Dollars ($1,000,000.00) each occurrence and annual aggregate per occurrence during the initial and any renewal term of this Agreement. C. Worker's Compensation Insurance for statutory obligations imposed by Worker's Compensation or Occupational Disease Laws, including, where applicable, the United States Longshoremen's and Harbor Worker's Act, the Federal Employers' Liability Act and the Homes Act. Employer's Liability Insurance shall be provided with a minimum of One Million Dollars ($1,000,000.00) per accident. Contractor agrees to be responsible for the employment, conduct and control of its employees and for any injury sustained by such employees in the course of their employment. D. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: 1. Owned Vehicles; 2. Hired and Non -Owned Vehicles; 3. Employers' Non -City ship. If any insurance should be cancelled or changed by the insurance company or should any insurance expire during the period of this contract, the Contractor shall notify the City of Sunny Isles Beach immediately and the Firm shall be responsible for securing other acceptable insurance to provide the coverage specified in this section to maintain coverage during the life of this Contract. All deductibles must be declared by the Firm and must be approved by the City. At the option of the City, either the Firm shall eliminate or reduce such deductible or the Firm shall procure a Bond, in a form satisfactory to the City, covering the same. Insurance required of the Contractor shall be primary to, and not contributory with, any insurance or self-insurance maintained by the City. Such insurance shall not diminish Contractor's indemnification and obligations hereunder. The insurance policy(ies) shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a minimum A.M. Best rating of A -Excellent. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability, with the City named as additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City Manager or his designee. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. Contractor shall also require and ensure that each of its sub -Contractors) providing services hereunder (if any) procures and maintains, until the completion EXQUISITE CATERING BY ROBERT, INC. 5 77 City of Sunny Isles Bench 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 11. TERMINATION AND REMEDIES FOR BREACH. A. If, through any cause within reasonable control, the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the Agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this Agreement, and the City shall receive a refund from the Contractor in an amount equal to the actual cost of a third party to cure such failure. If Contractor fails, reftises or is unable to perform any term of this Agreement, City shall pay for services rendered as of the date of termination. i. In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor shall be delivered to the City and the City shall compensate the Contractor for all Services satisfactorily performed prior to the date of termination. ii. Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold payment to Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Contractor ten (10) days written notice. The terms of Paragraph A(l) and A(2) above shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 12. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period of ten (10) years subsequent to that date upon which this Agreement shall terminate for any reason whatsoever, disclose to any person or entity, other than in the discharge of the ditties of the Contractor under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Contractor of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such EXQUISITE CATERING BY ROBERT, INC. 6 78 City of Sunny Isles Bench 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Contractor from violating such provisions. 13. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted by law, the Contractor agrees to indemnify and hold -harmless the City, its agents, representatives, officers, directors, officials and employees from any claims, liabilities, damages, losses and costs, including, but not limited to, reasonable attorney fees to the extent cause, in whole or in part, by the professional negligence, error or omission of the Contractor or persons employed or utilized by the Contractor in performance of Services under this Agreement. Contractor shall at all times hereafter indemnify, hold harmless and, at the City's option, defend or pay for an attorney selected by the City to defend City, its agents, representatives, officers, directors, officials and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by the intentional or negligent act of, or omission of Contractor, including those of their employees, agents, servants, or officers, or accruing, resulting from, or directly related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action or demand, Contractor shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City. The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by City, any sum due Contractor under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by City. 14. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All parties agree and accept that jurisdiction of any dispute or controversy arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to enforce any term or provision under this Agreement, then the City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes. 15. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits, EXQUISITE CATERING BY ROBERT, INC. 7 79 City of Sunny Isles Bench 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax licenses, approvals and consents necessary for the lawfiil conduct of the activities contemplated under this Agreement. 16. ASSIGNMENTS, TRANSFERS, SUBCONTRACTING. The Contractor shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the City. Should the Contractor subcontract any services under this Agreement, it shall be done with continued liability for the Contractor. The Contractor shall remain responsible for services, responsibilities, and liabilities of any person or entity acting under Contractor. 17. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by electronic mail (e-mail) with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: If to the City: Stan Morris City Manager City of Sunny Isles Beach 18070 Collins Ave. Sunny Isles Beach, Florida 33160 Tel: (305)-792-1701 If to the Contractor: Robert Egert, President 1800 NE 150"i Street N. Miami, Florida 33181 Tel: (305) 622-3663 robert @exgt►isitecatering.conr With a copy to: City Attorney City of Siuuiy Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Tel: (305)-792-1702 18. PUBLIC RECORDS. The Contractor shall be required to comply with the following requirements under Florida's Public Records Law: A. Contractor shall keep and maintain public records required by the City to perform the service. B. Upon request from the City, Contractor shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. C. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the EXQUISITE CATERING BY ROBERT, INC. 8 80 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City, D. Contractor shall, upon completion of the contract, transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided by Contractor to the City, upon request from the City, in a format that is compatible with the information technology systems of the City. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT (305) 792-1703, CityClerk@sibfl.net, 18070 Collins Avenue, 4th Floor, Sunny Isles Beach, Florida 33160. 19. AUDIT. The Contractor shall make available to the City or its representative all required financial records associated with the Agreement for a period of Three (3) years. 20. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Contractor will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 21. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the Miami -Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, which are incorporated by reference herein EXQUISITE CATERING BY ROBERT, INC. 9 81 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax as if (ally set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest, directly or indirectly which should conflict in any manner or degree with the performance of the Services. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Contractor. The Contractor guarantees that he/she has not offered or given to any member of, delegate to the Congress of the United States, any or part of this Agreement or to any benefit arising therefrom. 22. SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, and subject to limited exceptions contained therein, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services if at the time of bidding, submitting a proposal for, or entering into or renewing a contract, the company is on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel. Contractors must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City's option if it is discovered that the company submitted a false certification, or at the time of bidding, submitting a proposal for, or entering into or renewing a contract, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Florida Statute Section 215.473, or is or has been engaged in business operations in Cuba or Syria, after July 1, 2018. Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. Contractors must submit the certification that is attached to this agreement as Attachment "C." Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 287.135. 23. E -VERIFY. Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E -Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. Florida Statute 448.095 further provides that if a Consultant enters into a contract with a subcontractor, the subcontractor must provide the Consultant with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, Consultant is required to verify employee eligibility using the E -Verify system for all existing and new employees hired by Consultant during the contract term. Further, Consultant must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of Consultant to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website (https://www.e-verify.gov/employers/enrolling-in-e-verify) and follow the instructions. The EXQUISITE CATERING BY ROBERT, INC. to 82 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Consultant must retain the I-9 Forms for inspection, and provide the attached E -Verify Affidavit, attached hereto as Attachment "D." 24. MISCELLANEOUS. A. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. D. Each individual executing this Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority to bind their respective party to this Agreement. E. This Agreement contains the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by in writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescission is sought. F. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement, the term, statement, requirement, or provision contained in this Agreement shall prevail and be given superior effect and priority over any conflicting or,nconsistent term, statement, requirement or provision contained in any other document or attachment; including but not limited to Attachments "A." IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] EXQUISITE CATERING BY ROBERT, INC. 11 83 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax EXQUISITE CATERING BY ROBERT, INC. BY Robert Egert, Presider STATE OF FLORIDA: COUNTY OF M)60i , ,(,kV The foregoing instrument was acknowledged before me by means of El -physical presence OPO online notarization, this day of (',) , 2024, by Robert Egert, as President of Exquisite Catering by Robert, Inc. (SEAL) , b YP�j9 Vanessa Osborn Ob Commission H A 403566 aQ Commission Expires 05.29.2027 F �op� Bonded Through - Cynanotary Florida - Notary Public Personally Known A or Produced Identification a Type of Identification Produced: Urn' we4j � , c,, uZ Notary Public, State of F orida (Signature of Notary Public) Ulf 1 ,>JCr 0S6uy,-,A) (Print, Type, or Stamp Commissioned Name of Notary Public) [ADDITIONAL SIGNATURE PAGE TO FOLLOW] EXQUISITE CATERING BY ROBERT, INC. 12 84 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax AT] Department Head CITYOF S ISLES BEACH BY: Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: "�Aw ain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney EXQUISITE CATERING BY ROBERT, INC. 13 43 85 a 'A'r. ©• fit. F `O vL; d S 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: Colin Summers, Cultural & Community Services Director DATE: March 20, 2025 RE: Approval of a First Amendment to the Agreement with Exquisite Catering by Robert, Inc. RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: I n 2024, the City awarded RFP No. 24-02-02 to Exquisite Catering by Robert, Inc for catering services for the City's 27th Anniversary event. At that time, the City entered into an agreement with Exquisite Catering by Robert, Inc with an initial term of one (1) year, with four (4) additional one (1) year renewal periods, for a maximum of five (5) years. City staff was satisfied with the services provided by Exquisite Catering by Robert, Inc, and therefore, wishes to exercise our first renewal option, from April 18, 2025 through April 17, 2026. For this period, we are requesting an additional $73,544.60, bringing the contract total not -to -exceed amount to $158,544.60. These requested funds are for 3,000 servings for the event at $24.51 per person (inclusive of service fees, staff, grills). ADDITIONAL INFORMATION: The City's 28th Anniversary event will be held on Sunday, June 29 at Samson Oceanfront Park. The event menu is attached to this resolution. Copies of the complete contract file, including all exhibits and attachments, are on file with the Office of the City Clerk and are available upon request. Item Number: 9.0 62 FUNDING SOURCE: Funds have been appropriated in Account No. 001-6-5730-452000-60833. ATTACH M E NTS: Resolution First Amendment Item Number: 9.0 63