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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 ~\~ 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 2 C0809-049 Streeter's Catering Service Agreement Service Agreement " , .J I I . I 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. 4 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. 7 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. Wo.ESSES:~. " C 1~ Signature ~NA Le0\'f\ Print ame ~~~~0 S-fr~ WITNESSES: sb~ ~j~ Signa re S~lv~c. ~Ioru Print ame ATTEST: CITY OF SUNNY ISLES BEACH I . / BY~Ll\~ I , .' Jane\A. Hines, CMC, City Clerk ~ . \ ....,Ii ~ n .' APPROVED AS TO FORM AND LEGAL SUFFICIENCY /' 8 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)