HomeMy WebLinkAboutReso 2009-1413
RESOLUTION NO. 2009- ~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING AN
AGREEMENT WITH STREETER'S CATERING FOR CATERING
SERVICES FOR THE CITY'S TWELFTH ANNIVERSARY
CELEBRATION ON SUNDAY, JUNE 14,2009, IN THE AMOUNT
NOT TO EXCEED TWENTY-FOUR THOUSAND DOLLARS
($24,000.00), ATTACHED HERETO AS EXHIBIT "A";
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT; 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 desires to celebrate the City's lzth
anniversary with an event to be held on Sunday, June 14,2009; and
WHEREAS, three (3) separate proposals for the required services were made, and
Streeter's Catering is the lowest responsible, responsive bidder, submitting a proposal in the
amount of Twenty-Four Thousand Dollars ($24,000.00) for 2,000 guests; and
WHEREAS, Streeter's Catering provided the catering services for the City's 10th and
11 th Anniversary Celebrations and offered the best value for the specified menu; and
WHEREAS, the City was happy with the quality and quantity of the food provided and
the services rendered; and
WHEREAS, the City wishes to enter into an Agreement with Streeter's Catering, in the
amount not to exceed Twenty-Four Thousand Dollars ($24,000.00), attached hereto as Exhibit
"A", for the provision of catering services at the City's lzth anniversary celebration on Sunday,
June 14,2009.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Agreement. The Agreement with Streeter's Catering for catering
services for the City's lzth anniversary celebration on Sunday, June 14,2009, in an amount not to
exceed Twenty-Four Thousand Dollars ($24,000.00), attached hereto as Exhibit "A", be, and the
same, is hereby approved.
Section 2. Authorization of Mayor. The Mayor IS hereby authorized to execute said
Agreement.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4.
Effective Date. This Resolution shall become effective upon adoption.
R2009- Streeters Catering Agmt Citys 12th Ann
Page I of2
PASSED AND ADOPTED this 21st day of May 2009.
ATTEST:
:~~~
. Jane A. Hines, C; C, City Clerk
TO FORM AND
IENCY
I
Moved by: '{, U. rf\~r ~
Seconded by: Cn.-wwu..S. ~ \ l)tJ~ <5JODmAN
Vote: 5-0
Mayor Norman S. Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Scholl
--1.L.(Yes)
~(Y es)
--tL. (Yes)
V (Yes)
L:7'" (Yes)
_(No)
(No)
_(No)
(No)
_(No)
R2009- Streeters Catering Agmt Citys 12th Ann
Page 2 of2
CITY OF SUNNY ISLES BEACH
CATERING SERVICE AGREEMENT
WITH STREETER'S CATERING
CONTRACT NO. C0809-049
1&
THIS AGREEMENT (" Agreement") entered into this tLf day, ~of ~
2009, by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred to
as "City"), a municipal corporation of the State of Florida, and STREETER'S CATERING
authorized to do business in the State of Florida (hereinafter referred to as "Contractor") whose
Federal Employer Identification # is 2VO ~q '1.. L.. O~
O. ""I"
RECITALS
WHEREAS, the City is in need of a contractor to provide catering services for the City's
12th Anniversary Celebration for an estimated 2,000 people on Sunday, June 14,
2009 ("Services); and
WHEREAS, Contractor has expressed the ability and desire to provide the
Services subject to the terms and conditions contained in its proposal as more fully
described in Attachment "A", which is attached hereto and made a part hereof; and
WHEREAS, the Contractor is qualified, willing, and able to provide the desired
Services on the terms and conditions set forth herein; and
WHEREAS, the City desires to enter into an Agreement with Contractor to provide the
Services in a total amount not to exceed Twenty-Four Thousand Dollars ($24,000.00).
NOW THEREFORE, in consideration of the premises and the mutual covenants herein
names, 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. SERVICES. Contractor agrees to furnish all labor and materials in a good
workmanlike and professional manner and to perform the Services designated in
Attachment "A" attached hereto, and incorporated herein by reference. The Services shall be
performed by Contractor to the full satisfaction of the City. 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 contract
and City must undertake the completion of performance of Services, Contractor agrees to
indemnify the City for all costs incurred with respect to the completion of those Services
and any damages the City may suffer as a result of the Contractor's failure to perform the
Services.
C0809-049 Streeter's Catering Service Agreement Service Agreement
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i
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
3. TERM. Subject to the provisions relating to the termination of this Agreement as set
forth hereunder, the term of this Agreement shall begin upon execution of this Agreement and
shall end Monday, June 15, 2009. Payment will be made only for work completed to the
satisfaction of the City. Contractor is to commence performance of work on the Commencement
Date and continue in a diligent manner until work is complete. Contractor acknowledges that
compliance with the commencement and completion schedule is the essence of this Agreement.
The terms of Sections 18 and 19 entitled "Indemnification and Waiver of Liability," and
"Compliance with Law," respectively, shall survive termination of this Agreement.
4. COMPENSA TION. Payment to Contractor for all charges and tasks under this
Agreement shall be in accordance with this Agreement and the schedule of charges reflected in
Attachment "A", which fee shall be disbursed on a monthly basis and under the following
conditions:
a. Disbursements. There are no reimbursable expenses associated with this contract.
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 contract number
assigned hereto. Invoices will be paid in accordance with the State of Florida
Prompt Payment Act.
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.
d. Final Invoice. In order for both parties herein to close their books and records,
the Contractor will clearly state "final invoice" on the Contractor's final/last
billing to the City. This certifies that all services have been properly performed
and all charges and costs have been invoiced to the City. Since this account will
thereupon be closed, any other additional charges, if not properly included on this
final invoice, are waived by the Contractor.
Contractor shall make no other charges to the City for supplies, labor, taxes, licenses,
permits, overhead or any other expenses or costs unless any such expense or cost is incurred by
Contractor with the prior written approval of the City. If the City disputes any charges on the
invoices, it may make payment of the uncontested amounts and withhold payment on the
contested amounts until they are resolved by agreement with Contractor.
Contractor shall not pledge the City's credit or make it a guarantor of payment or surety
for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor
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C0809-049 Streeter's Catering Service Agreement Service Agreement
" ,
.J I I
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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
further warrants and represents that it has no obligation or indebtedness that would impair its
ability to fulfill the terms of this Agreement.
5. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an
independent Contractor and shall be treated as such for all purposes. Nothing contained in this
Agreement or any action of the parties shall be construed to constitute or to render the Contractor
an employee, partner, agent, shareholder, officer or in any other capacity other than as an
independent Contractor other than those obligations which have been or shall have been
undertaken by the City. Contractor shall be responsible for any and all of its own expenses in
performing its duties as contemplated under this Agreement. The City shall not be responsible
for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal
income taxes or pay Social Security services and that such obligations shall be that of the
Contractor, other than those set forth in this Agreement. Contractor shall furnish its own
transportation, office and other supplies as it determines necessary in carrying out its duties
under this Agreement.
6. OWNERSHIP OF DOCUMENTS AND EOUIPMENT. 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.
7. 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, sub-Contractor s or employees, as indicated below:
o Comprehensive General liability insurance, including broad form contractual
liability coverage for all operations, including, but not limited to, contractual,
products, and completed operations, personal injury and property damage liability
with minimum limits of One Million Dollars ($1,000,000.00) per occurrence and
Two Million Dollars ($2,000,000.00) aggregate.
o Worker's Compensation, as required by law, but with no less than $1,000,000.00
for Employer's Liability.
o Business Automobile Liability which shall include coverage for all owned, non-
owned and hired vehicles for minimum limits of not less than One Million Dollars
($1,000,000.00) per occurrence, One Million Dollars ($1,000,000.00) per accident
for bodily injury and Five Hundred Thousand Dollars ($500,000.00) per accident
for property damage.
3
C0809-049 Streeter's Catering Service Agreement Service Agreement
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
o UmbrellalExcess Liability coverage in addition to the foregoing limits that when
combined with the foregoing limits provide total coverage of at least Three
Million Dollars ($3,000,000.00).
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's Risk Management
Department. 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-Contractor s 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.
8. TERMINA TION: The City shall have the right to cancel this Agreement at any time
during the term hereof, upon seven (7) days notice to the Contractor.
9. REMEDIES FOR BREACH: If Contractor fails, refuses or is unable to perform
any term of this Agreement, City will only pay for services reasonably performed to the
satisfaction of the City 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.
10. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute
or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in
accordance with the procedures, rules and regulations of the American Arbitration Association.
The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment
upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys'
fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails
on the whole, each party shall be responsible for a portion of the costs of arbitration and their
respective attorneys' fees as may be determined by the court on confirmation.
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C0809-049 Streeter's Catering Service Agreement Service Agreement
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
11. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term
of this Agreement or any time for a period ofTEN (10) 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
provlSlons.
12. NOTICES. All notices and other communications required or permitted to be given
under this Agreement by either party to the other shall be in writing and shall be sent (except as
otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return
receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier
service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by
certified or registered mail, first class postage prepaid, return receipt requested or by overnight
delivery by traditionally recognized courier service), addressed to such party as follows:
If to the City: Rick Conner With a copy to:
Acting City Manager Hans Ottinot,
City of Sunny Isles Beach City Attorney
18070 Collins Avenue City of Sunny Isles Beach
Fourth Floor 18070 Collins A venue
Sunny Isles Beach, Florida 33160 Fourth Floor
Tel: (305) 792-1701 Sunny Isles Beach, Florida
33160
Tel: (305) 792-1702
If to the Contractor: Richard Streeter, Catering Mgr.
Catering Office
1113 South 30 Avenue
Hollywood, Florida 33020
Tel: (305) 945-5328
Fax:(954) 925-8527
13. GOVERNING LA W. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. Venue shall be in Miami-Dade County,
Florida.
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 THREE (3) 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
5
C0809-049 Streeter's Catering Service Agreement Service Agreement
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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 payor
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, as amended; and by the
City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if
fully set forth herein, in connection with the Agreement conditions hereunder.
The Contractor covenants that it presently has no interest and shall not acquire any interest,
direct 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 contract or to any benefit arising therefrom.
17. CONFLICTING PROVISIONS. The terms and conditions in this Agreement
supersede any other conflicting provisions that are contained in any other document.
18. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties,
and may be amended, waived, changed, modified, extended or rescinded only by a writing
signed by the party against whom any such amendment, waiver, change, modification, extension
and/or rescission is sought.
19. 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,
6
C0809-049 Streeter's Catering Service Agreement Service Agreement
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of
appellate proceedings) relating to, arising out of or resulting from the Contractor's negligent acts,
errors, mistakes or omissions relating to professional services in the performance of 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 professional
services in the performance of this Agreement including any person for whose acts, errors,
mistakes or omissions the Contractor may be legally liable.
The parties agree that ONE HUNDRED DOLLARS ($100.00) represents specific consideration
to the Contractor for the indemnification set forth in this Agreement.
The Contractor hereby acknowledges receipt of ONE HUNDRED DOLLARS ($100.00) and
other good and valuable consideration from the City in exchange for giving the City the
indemnification provided herein.
20. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and
ordinances of any federal, state, or local governmental authority having jurisdiction with respect
to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material
permits, licenses, approvals and consents necessary for the lawful conduct of the activities
contemplated under this Agreement.
21. 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. This Agreement shall constitute the entire agreement between the parties with
respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral
and written negotiations, commitments, agreements and understandings relating hereto.
D. Any modification of this Agreement shall be effective only if in writing and
signed by the parties to this Agreement.
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C0809-049 Streeter's Catering Service Agreement Service Agreement
~
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
E. 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate
on the day and year first written above.
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WITNESSES:
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ATTEST:
CITY OF SUNNY ISLES BEACH
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BY~Ll\~
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.' Jane\A. Hines, CMC, City Clerk
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APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
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C0809-049 Streeter's Catering Service Agreement Service Agreement
City of Sunny Isles Beach
City Commission Agenda
18070 Collins Avenue,
Sunny Isle Beach, FL 33160
(305) 947-0606 Phone (305) 949-3113 Fax
AGENDA BILL
REQUESTED ACTION
It is recommended that the City Commission consider an agreement with Streeter's Catering to
provide the City with catering services for the City's annual anniversary party in an amount not to
exceed Twenty Four Thousand Dollars ($24,000.00).
BACKGROUND
The City wishes to provide catered food for the City's Twelfth Anniversary Celebration on Sunday,
June 14, 2009. City staff secured three (3) quotes for the catering service. Based on the quotes
received, Streeter's Catering was the lowest. Additionally, Streeter's is experienced in serving a
large number of guests efficiently and with good customer service.
ADDITIONAL INFORMATION
This agreement is for barbecue style food for 2,000 guests including all paper products, service
equipment and personnel as per the attached agreement.
Funding required for this action: I $24,000.00 Source of funds: I 10.572.5574
Transfer Required: I No Amount of Transfer: I N/A
Transfer from account number: I N/A To account number: I N/A
For the Commission Meeting of: May 21, 2009 Inilials: &
Submitted by: Susan Simpson Agenda Item
Title: Cultural and Human Number
Services Director
Approved by Finance Director: Doug Haag Initials: ~ 10 F
Approved by Acting City Manager: Rick Conner Initials: '
City Commission
Norman S. Edelcup
Mayor
Lewis J. Thaler
Vice Mayor
Roslyn Brezin
Commissioner
Gerry Goodman
Commissioner
George "Bud" Scholl
Commissioner
Rick Conner
Acting City Manager
Ha ns Otti not
City Attorney
Jane A. Hines
City Clerk
May 27, 2009
Richard Streeter
Streeter's Catering
1113 South 30th Avenue
Hollywood, FL 33020
Re: Catering Agreement for the City's Twelfth Anniversary Celebration
Dear Mr. Streeter:
At its regular meeting of May 21, 2009, the City Commission adopted Resolution
No. 2009-1413, which approved the above-referenced agreement with Streeter's
Catering. Enclosed are an original agreement and a copy of the approving
resolution for your files.
Enclosures
cc: Susan Simpson, Cultural and Human Services Director (w/o attachments)