HomeMy WebLinkAboutSpecifications
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REQUEST FOR
PROPOSALS NO. 10-08-02
CONCESSIONAIRE SERVICES FOR
PELICAN COMMUNITY PARK
CITY OF SUNNY ISLES BEACH
MIAMI-DADE COUNTY, FLORIDA
TABLE OF CONTENTS
RFP
Table of Contents............... .................................. ................................. ............................................................... 2
Public Notice ..... .......................... ......... ...... ......................................... ...................................................... ........... 3,4
Section 1.1 Introduction ........................ ..................... .......... ............ ........................... ............ ..... ....................... 5
Section 1.2 Background................................................ ........ .......... ............................. ..... ......... .......................... 5
Section 1.3 Management and Operational Responsibilities........................ ......................... ....... .............. ....... 5
Section 1.4 Submittal Requirements ..................... ............. .................. ....... .................... ..... .......................... ....6
Section 1.5 Submission Date and Mandatory Pre-RFP Submission Conference .......................................... 7
Section 1.6 Additional Information and Clarification...................................................................................... 8
Section 1.7 Selection, Award, and Protest Procedures..................................................................................... 8
Section 1.8 Contract Execution.. ............. .... ....................................................................................................... 9
Section 1.9 Instructions.......................... ...................................................... ....................................................... 9
Section 1.10 Changes/Alterations........ ..... .......................................................................................................... 9
Section 1.11 Discrepancies, Errors, and Omissions.................. .......... ................ ....... ..................... ........... ....... 9
Section 1.12 Disqualification.................. ............................................................................................................. 9
Section 1.13 Submission Receipt ........... ............................................................... .............................................. 10
Section 1.14 Capital Expenditures..................................................... .................. .............................................. 10
Section 1.15 Hold Harmless and Indemnification ............................................................................................ 10
Section 1.16 Reservation of Rights...... .......................................................... .................. ......... ....... ......... .......... 10
Section 1.17 Additional Information..... ................................................................. ......... ................................... II
Section 1.18 Attachments ....................... ........... .................................... .................. ................................. ........... 12
Public Entity Crime Affidavit (Attachment" A")............................................................................................. 13-15
Non-Collusive Affidavit (Attachment "B") .... ................. .................... ........................ ........... ................... ........ 16
Agreement between City and Successful Proposer (Attachment "C") ........................................................... 17-27
Concession Floor Plan (Attachment "D") ......................................................................................................... 28
concession area photo (Attachment "E") ........... .................................................. ............................................. 29,30
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PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the City of Sunny Isles Beach (the "City") is soliciting
proposals to operate and manage concessionaire services for Pelican Community Park in Sunny
Isles Beach, Florida. Interested firm/individuals ("Proposer (s)") may pick-up a copy of Request
for Proposals ("RFP") No. 10-08-02 to be issued on Wednesday, August 18,2010 at Sunny Isles
Beach Government Center, 18070 Collins Avenue, City Clerk's Office, Fourth Floor, Sunny
Isles Beach, Florida, 33160. RFP No. 10-08-02 is also available from DemandStar by calling
(800) 711-1712 or by accessing their website at www.demandstar.com. The RFP contains
detailed and specific information about the scope of services, submission requirements and
selection procedures.
One (1) original, four (4) copies of the completed and executed Submissions must be delivered to
the following address no later than Wednesday, September 15,2010 at 10:30 a.m.:
Sunny Isles Beach Government Center
18070 Collins Avenue, City Clerk
First Floor Meeting Room
Sunny Isles Beach, Florida, 33160
The City reserves the right to accept or not accept late submitted bids in the sole discretion of the
City Manager or his designee.
The envelope containing the sealed Proposal must be clearly marked as follows:
"SEALED PROPOSAL"
RFP NO. 10-08-02 CONCESSIONAIRE SERVICES FOR PELICAN COMMUNITY
PARK
OPENING DATE AND TIME: Wednesday, September 15,2010 at 10:30 a.m.
A mandatorv Pre-RFP Submission Conference is scheduled for Tuesday, August 31, 2010 at
10:00 a.m. at the Sunny Isles Beach Government Center, 18070 Collins Avenue, First Floor
Meeting Room, Sunny Isles Beach, Florida. All Proposers planning to submit Submissions are
required to attend this meeting. Proposers should allow sufficient time to ensure arrival prior to
the indicated time, those arriving after the discussion has begun will not be considered to be
in attendance. Submissions from those who have failed to attend will not be accepted.
The City of Sunny Isles Beach (the "City") intends to enter into an agreement with the successful
Proposer to operate and manage concessionaire services for Pelican Park, in the City of Sunny
Isles Beach, Florida.
The contract will be awarded by the City to the Proposer whose proposal best serves the interests
of, and represents the best value to, the City in accordance with the criteria set forth in Section
62-8 of the City Code.
The City reserves the right to reject any or all proposals, with or without cause, to waive
technical errors and informalities, and to accept the proposal which best serves the interest of and
represents the best value to the City.
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Any questions regarding RFP No. 10-08-02 are to be directed in writing to Susan Simpson,
Cultural and Human Services Director, at the following address: 18070 Collins Ave., Fourth
Floor, Sunny Isles Beach, Florida 33160. Alternatively, any questions may be sent via email to:
SSimpson@sibfl.net.
Any questions or clarifications concerning the proposal specifications must be received by Susan
Simpson, Cultural and Human Services Director, at least seven (7) business days prior to the date
of the proposal opening.
For further information, please contact Susan Simpson, Cultural and Human Services Director, at
305-792-1706.
Jane A. Hines, CMC, City Clerk
City of Sunny Isles Beach
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CITY OF SUNNY ISLES BEACH, FLORIDA
REQUEST FOR PROPOSAL NO. 10-08-02
CONCESSIONAIRE SERVICES FOR PELICAN COMMUNITY PARK
1.1 INTRODUCTION
The City of Sunny Isles Beach, Florida, (the "City") a municipality located in Miami-Dade
County, Florida, requests qualified Proposers ("Proposers") to submit proposals to operate and
manage concessionaire services for Pelican Community Park in Sunny Isles Beach, Florida.
1.2 BACKGROUND
The City of Sunny Isles Beach is located between the Atlantic Ocean and the Intracoastal
Waterway on the East and West and 193rd Street on the North and Haulover Beach Park on the
South. Our City standards stress a high quality of redevelopment with a focus on creating visual
corridors to the ocean, with access to the ocean as well as redevelopment of Sunny Isles
Boulevard and Collins A venue with a focus on protecting the environment, providing
landscaping and developing aesthetically attractive structures.
The City has worked diligently to develop and enhance its Green Space Initiative. Through this
initiative, the City has strived to increase park and open space areas throughout the City for the
betterment of the community. Located at 18115 North Bay Road, the Pelican Community Park
is two (2) acres in size and features many amenities, including a little league baseball field,
playground area, indoor gymnasium, and community center.
1.3 MANAGEMENT AND OPERATIONAL RESPONSIBILITIES
The successful Proposer shall manage and operate the concessionaire services at the Pelican
Community Park located at 18115 North Bay Road, including food services. The concession
facility area is approximately 200 square feet air conditioned space that faces outside and into the
gymnasium. The successful Proposer will have use and access to a large industrial
refrigerator/freezer, sink, microwave, and ice cream case. The successful Proposer shall operate
the concessionaire services during normal operating hours of the Pelican Community Park.
From Monday through Saturday, the Pelican Community Park hours of operations are from 8:30
a.m. to 9:00 p.m. and on Sundays the hours of operations are from 8:30 a.m. to 5:00p.m.
The successful Proposer will be required to perform the following tasks:
· Provide concession food sales on weekends, including at a minimum hot dogs, soda,
water and popcorn,
· Option to provide concession sales on weekday evenings and at certain City special
events
· maintain and operate the food conceSSIOn area In a professional manner to all park
patrons
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The successful Proposer will be required to obtain a Business Tax License with the City of
Sunny Isles Beach. The successful Proposer will be required to propose either a base fee or
percentage of sales fee, or a combination of the two, to be paid to the City in response to this
RFP. This portion of the proposal will be taken into consideration when awarding the RFP to the
successful Proposer.
The successful Proposer will be responsible for hiring the necessary personnel to conduct the
daily operation of the concession and will comply with all federal, state, and local laws related to
minimum wage, social security, nondiscrimination, Americans with Disabilities Act ("ADA"),
unemployment compensation, and workers' compensation. State and local regulations regarding
food preparation and food handling will also be followed by all employees without exception.
Any deficiencies or health code violations as noted by health inspectors will be grounds for
immediate termination of the concession contract. If required by the City, employees shall wear
a uniform and/or identification badge. The successful Proposer and all personnel employed by
them shall be required, at their sole cost and expense, to pass a criminal background check prior
to award of the contract, and every renewal term. The criminal background check shall consist
of a Florida Department of Law Enforcement ("FDLE") Florida Crime Information
CenterINational Crime Information Center ("FCIC/NCIC") criminal records check. Any
employee not meeting this requirement will not be permitted to work at the skate park or any
other City facility. The successful Proposer shall be required to co-ordinate the criminal
background checks by contacting Susan Simpson, City of Sunny Isles Beach Cultural and
Human Services Director, Tel: (305) 792-1706.
The successful Proposer is expected to serve quality food and drinks to meet the needs of the
visiting public. Simple menu items should be offered at competitive prices. Alcoholic beverages
are not permitted on the premises. Each proposer will be required to include a sample menu of
products to be offered with a proposed price list corresponding to each product.
The successful Proposer shall comply with all federal, state and local rules and regulations
regarding food handling, operation of a concession business, and any other laws that would apply
to operating a similar type of business. Special attention must be paid to the regulations outlined
by the State of Florida, Department of Professional and Business Regulation, Division of Hotels
and Restaurants.
1.4 SUBMITT AL REQUIREMENTS
Proposals shall be as thorough and detailed as possible so that the City may properly evaluate the
capabilities of respective firms to provide the required services. All submittals by Proposers
shall contain no more than fifteen (15) pages specifically addressing the following issues. Items
number 9 and 10 below will not be considered a part of the fifteen (15) pages.
Any Proposer wishing to provide the services described in Sections 1.3 above must submit one
(1) original and four (4) additional complete copies that include, at a minimum, the following
documentation:
1. Name, address and company, including, but not limited to, a business overview, financial
state of the business, annual revenue for past two years, and names and addresses of
persons having financial interest in the firm.
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2. Provide a narrative description of current and previous experience for the past five (5)
years in successfully operating and managing similar concessionaire type services and a
corresponding list of client references with contact names and telephone numbers. The
proposal must identify the primary individuals responsible for supervising the work and
include the resumes of the primary individuals.
3. Provide a detailed cost proposal which shall include all costs associated with the
operation and management of the concessionaire services described in this RFP.
4. Detail the approach, activities and food service products to be provided, including at a
minimum hot dogs, soda, water and popcorn. Include a proposed menu and proposed
price structure; layout of concession booth; list of equipment that will be used at the
concession and any other pertinent information that the proposer deems as necessary to
depict their ability to perform the work required.
5. The proposal shall include a fee or percentage of sales fee or a combination of the two to
be paid to the City.
6. Proof of authorization to transact business in Florida from the Florida Secretary of State,
from the prime as well as any supporting firm(s).
7. The name, title, qualifications, experience, and all contact information of the proposed
contact person.
8. Additional information should be included to support the business experience of the
proposer such as copies of State of Florida licenses issued for food and vendor operations
from the Dept. of Hotels and Restaurants or other food handling certificates, recognition
letters from other agencies in providing services similar to this RFP, etc.
9. Sworn statement pursuant to Section 287.133(3)(A), Florida Statutes, regarding Public
Entity Crime, a copy of which is attached hereto.
10. Non-collusive and Public Entity Crime Affidavits, copies of which are attached hereto as
Attachments "A" and "B".
1.5 SUBMISSION DATE AND MANDATORY PRE-RFP SUBMISSION
CONFERENCE
Proposals must be received by the City Clerk's Office no later than 10:30 a.m. on Wednesday,
September 15, 2010, at the Sunny Isles Beach Government Center, Attn: City Clerk, First Floor
Conference Room, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. One (1) original, and
four (4) copies of the completed and executed proposal must be delivered by this deadline.
Proposals will be opened publicly and read aloud at this time. The City reserves the right to
accept or not accept late submitted proposals based on the sole discretion of the City Manager or
his designee.
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The envelope containing the sealed Proposal must be clearlv marked as follows:
"SEALED PROPOSAL"
RFP NO. 10-08-02 CONCESSIONAIRE SERVICES FOR PELICAN COMMUNITY
PARK
OPENING DATE AND TIME: Wednesday, September 15,2010 at 10:30 a.m.
A mandatory Pre-RFP Submission Conference is scheduled for Tuesdav. August 31. 2010
at 10:00 a.m., at the Sunny Isles Beach Government Center, 18070 Collins Avenue, First
Floor Conference Room, Sunny Isles Beach, Florida. All Proposers planning to submit a
Proposal are required to attend this meeting. Proposers should allow sufficient time to ensure
arrival prior to the indicated time, those arriving after the discussion has begun will not be
considered to be in attendance. Submittals from those who have failed to attend will not be
accepted.
1.6 ADDITIONAL INFORMATION OR CLARIFICATION
Requests for additional information or clarifications must be made in writing and received by
Susan Simpson, Cultural and Human Services Director, specified in the Public Notice Section of
this RFP, in accordance with the deadline for receipt of questions also specified in the Public
Notice Section of this RFP. The request for additional information and clarification must contain
the RFP number and title, Proposer's name, name of Proposer's contact person, address, phone
number, and facsimile number.
Electronic facsimile requesting additional information must be received by Susan Simpson,
Cultural and Human Services Director, for this RFP at the fax number (305) 792-1636.
Facsimiles must have a cover sheet which includes, at a minimum, the Proposer's name, name of
Proposer's contact person, address, number of pages transmitted, phone number, facsimile
number, and RFP number and title.
The City will issue responses to inquiries and any other corrections or amendments it deems
necessary in written addenda issued prior to the Submission deadline. Proposers should not rely
on any representations, statements or explanations other than those made in this RFP or in any
written addendum to this RFP. Where there appears to be conflict between the RFP and any
addenda issued, the last addendum issued shall prevail.
1.7 SELECTION. AWARD. AND PROTEST PROCEDURES
The City will select the most qualified Proposer whose proposal best serves the interests of and
represents the best value to the City based on the criteria set forth in Section 62.8 of the City
Code. The City will act, at its sole discretion, in what it considers to be in the best interest of the
City. The City will evaluate the comparable experience, capability, project management,
workload, financial strength, and other factors the City deems pertinent and will select the
Proposer that it deems to be most qualified. The City will be the sole judge in determining the
most qualified firm in accordance with the criteria set forth in Section 62-8 of the City Code.
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Any protests or objections to the City's Request for Proposals and/or the selection of the selected
Proposer must be submitted in writing in accordance with Section 62-15 of the City Code. If the
City and selected Proposer are unable to negotiate a mutually acceptable contract, the City may
terminate the contract negotiations and begin negotiations with the other qualified firms. This
process may continue until a contract has been executed or all Proposals have been rejected. No
Proposer shall have any rights in the subject project or against the City arising from such
negotiations.
1.8 CONTRACT EXECUTION
A contract will be negotiated and executed between the selected Proposer and the City in
substantially the same form as Attachment "C". The successful operation of this contract
requires that the selected Proposer act in good faith in all matters relating to carrying out the
project and the interpretation of the contract documents.
1.9 INSTRUCTIONS
Careful attention must be given to all requested items contained in this RFP. Proposers are
invited to submit Proposals in accordance with the requirements of this RFP. PLEASE READ
THE ENTIRE SOLICITATION BEFORE SUBMITTING A PROPOSAL. Proposers shall
make the necessary entry in all blanks provided for the responses.
The entire set of documents, together with all attachments hereto, constitutes the RFP. Each
Proposer must return these documents with all information necessary for the City to properly
analyze the response in total and in the same order in which it was issued. Proposer's notes,
exceptions, and comments may be rendered on an attachment, provided the same format of this
RFP text is followed. All responses to this RFP shall be returned in a sealed envelope or
package with the RFP number and opening date clearly noted on the outside of the envelope.
Proposers must provide a response to each requirement of the RFP. Responses should be
prepared in a concise manner with an emphasis on completeness and clarity.
1.10 CHANGES/ALTERATIONS
Proposers may change or withdraw a response at anytime prior to the submission deadline;
however, no oral modifications will be allowed. Written modifications shall not be allowed
following the submission deadline.
1.11 DISCREPANCIES. ERRORS. AND OMISSIONS
Any discrepancies, errors, or ambiguities in the RFP or addenda (if any) should be reported in
writing to Susan Simpson, Cultural and Human Services Director. Should it be necessary, a
written addendum will be incorporated to the RFP. The City will NOT be responsible for any
oral instructions, clarifications, or other communications.
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1.12 DISQUALIFICATION
The City reserves the right to disqualify responses before or after the submission deadline, upon
evidence of collusion with intent to defraud or other illegal practices on the part of the Proposer.
The City also reserves the right to waive any immaterial defect or informality in any responses to
this RFP; to reject any or all responses in whole or in part; or to reissue an RFP for the services
described herein.
1.13 SUBMISSION RECEIPT
Sealed responses will be accepted in accordance with the instructions detailed on the cover of
this RFP. The Proposer shall file all documents necessary to support its response and shall
include them with its Proposal. Each Proposer shall be responsible for the actual delivery of
responses during business hours to the exact address indicated in this RFP. The City reserves the
right to accept or not accept late submitted proposals in the sole discretion of the City Manager
or his designee.
1.14 CAPIT AL EXPENDITURES
The selected Proposer understands that any capital expenditures that the selected Proposer
makes, in order to perform the services required in this RFP is a business risk. The City,
however, is not and shall not payor reimburse any capital expenditures or any other expenses,
incurred by any Proposer, in anticipation neither of a contract award nor to maintain the
approved status of the selected Proposer if a contract is awarded.
1.15 HOLD HARMLESS AND INDEMNIFICATION
All Proposers shall hold the City, its officials and employees harmless and covenant not to sue
the City, its officials and employees in reference to their decisions to reject, award, or not award
a RFP, as applicable. Additionally, the selected Proposer shall indemnify, defend and save
harmless the City, its officers, agents and employees, from or on account of any injuries or
damages, received or sustained by any person or persons during or on account of the Proposer's
performance of its services under this RFP, or by or in consequence of any negligence (excluding
the sole negligence of City), in connection with the same; or by use of any improper materials or
by or on account of any act or omission of the said selected Proposer or his agents, servants or
employees. The selected Proposer shall indemnify, defend and hold harmless the City and their
agents or employees from and against all claims, damages, losses and expenses including
attorneys' fees arising out of or resulting from the performance of the work described in the RFP,
provided that any such claim damage, loss or expense (a) is attributable to bodily injury,
sickness, disease or death, or to injury to or destruction of tangible property (other than work
itself) including the loss of use resulting wherefrom and (b) is caused in whole or in part by any
negligent act or omission of the selected Proposer, or anyone directly or indirectly employed by
any of them or anyone for whose acts any of them may be liable, regardless of whether or not it
is caused by a party indemnified hereunder.
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1.16 RESERV ATION OF RIGHTS
While pursuing this RFP process, the City reserves the right to:
. Accept any or all responses, and the right, in its sole discretion, to accept the Proposer
who will best serve the interests of, and represent the best value to, the City in conformity
with the criteria set forth in Section 62-8 of the City Code.
. Reject any and all qualifications and to seek new qualifications when such a procedure is
reasonably in the best interest of the City.
. Investigate the financial capability, integrity, experience, and quality of performance of
each Proposer, including officers, principals, senior management, and supervisors, as
well as staff identified in the response to RFP.
. Investigate the Proposer's qualifications or any of its agents, as it deems appropriate
. Conduct personal interviews of any or all Proposers prior to selection (the City shall not
be liable for any costs incurred by the Proposer(s) in connection with such interviews).
. Waive any of the conditions or criteria set forth in this RFP.
. The City reserves the right on any advertised selection process to decide whether to select
a firm based on submission received in response to this RFP or whether to hold
interviews with the firms the City deems best qualified for the project.
1.17 ADDITIONAL INFORMATION
. The Submission must clearly be marked on the front of the envelope:
"SEALED PROPOSAL"
RFP NO. 10-08-02 CONCESSIONAIRE SERVICES FOR PELICAN COMMUNITY
PARK
OPENING DATE AND TIME: Wednesday, September 15,2010 at 10:30 a.m.
. Questions regarding this RFP must be directed, no later than seven (7) calendar days
before the opening of the RFP, to:
Susan Simpson
Cultural and Human Services Director
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 792-1706
Email: SSimpson@sibfl.net
. Responses to this RFP must be delivered by the stated deadline to:
Attn: Jane A. Hines, CMC
City Clerk
Sunny Isles Beach Government Center
18070 Collins Avenue
First Floor Conference Room, Sunny Isles Beach, FL 33160
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. The opening of the Proposals will be in the First Floor Conference Room, 18070 Collins
Avenue, Sunny Isles Beach, Florida 33160 at the stated time.
. Proposals will be opened publicly and read aloud at this time.
. The City is under no obligation to return the Proposals.
. The City will not be liable for any cost incurred in the preparation of the response to RFP.
. The Proposals shall be prima facie evidence that the Proposer has full knowledge of the
scope, nature, quantity and quality of work to be performed; the detailed requirements of
the specifications; and the conditions under which the work is to be performed.
. The Proposers shall furnish the City with such additional information as the City may
reasonably require.
. Under no circumstance should any prospective Proposer or anyone acting on their behalf,
seek to influence or to gain the support of any member of the City Commission or City
Staff favorable to the interest of the prospective Proposer. Likewise, contact with the
City Commission or City Staff against the interest of other prospective Proposers is
prohibited. Any such activities may result in the exclusion of the prospective Proposer
from consideration by the City.
1.18 ATTACHMENTS
The Exhibits to this RFP are as follows:
Attachment "A"
Public Entity Crime Affidavit
Attachment "B"
Non-Collusive Affidavit
Attachment "C"
Agreement
Attachment "D"
Concession Floor Plan
Attachment "E"
Concession area photo
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SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a)
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY
PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted
to
by
for
whose business address is
and (if applicable) its Federal Employer Identification Number (FEIN)
(If the entity had no FEIN, include the Social Security Number of the individual signing this
sworn statement:
2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida
Statutes, means a violation of any state or federal law by a person with respect to and directly
related to the transaction of business with any public entity or with an agency or political
subdivision of any other state or of the United States, including, but not limited to, any bid or
contract for goods or services to be provided to any public entity or an agency or political
subdivision of any other state or of the United States and involving antitrust, fraud, theft,
bribery, collusion, racketeering, conspiracy, or material misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida
Statutes means a finding of guilt or a conviction of a public entity crime, with or without an
adjudication of guilt, in any federal or state trial court of record relating to charges brought by
indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or
entry of a plea of guilty or nolo contenders.
4. I understand that an "affiliate" as defined in Paragraph 287.133(1)( a), Florida Statutes, means:
a. A predecessor or successor of a person convicted of a public entity crime; or
b. An entity under the control of any natural person who is active in the management of the
entity and who has been convicted of a public entity come. The term "affiliate" includes
those officers, directors, executives, partners, shareholders, employees, members, and
agents who are active in the management of an affiliate. The ownership by one person of
shares constituting a controlling interest in another person, or a pooling of equipment or
income among persons when not for fair market value under an arm's length agreement,
shall be a prima facie case that one person controls another person. A person who
knowingly enters into a joint venture with a person who has been convicted of a public
entity crime in Florida during the preceding 36 months shall be considered an affiliate.
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5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means
any natural person or entity organized under the laws of any state or of the United States with
the legal power to enter into a binding contract and which bids or applies to bid on contracts
for the provision of goods or services let by a public entity, or which otherwise transacts or
applies to transact business with a public entity. The term "person" includes those officers,
directors, executives, partners, shareholders, employees, members, and agents who are active
in management of any entity.
6. Based on information and belief, the statement which I have marked below is true in a
relation to the entity submitting this sworn statement. (Please indicate which one (1) of the
following three (3) statements is applicable.)
_ (1) Neither the entity submitting this sworn statement, nor any of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, or any affiliate of the entity has been charged with and convicted of
a public entity crime within the past 36 months.
_(2) The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, or any affiliate of the entity has been charged with and convicted of
a public entity crime within the past 36 months.
_(3) The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, or agents who are active in management of the entity, or any affiliate
of the entity has been charged with and convicted of a public entity crime within the past 36
months. However, there has been a subsequent proceeding before a Hearing Officer of the
State of Florida, Division of Administrative Hearings and the Final Order by the Hearing
Officer determined that it was not in the public interest to place the entity submitting this sworn
statement on the convicted vendor list. (Attached is a copy of the final order.)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING
OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS
FOR THE PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH
DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED AND FOR THE
PERIOD OF THE CONTRACT ENTERED INTO, WHICHEVER PERIOD IS LONGER. I
ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY
PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD
AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR THE
CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS
FORM.
SIGNATURE OF AFFIANT
(Printed or Typed Legal Name of Affiant)
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STATE OF FLORIDA )
)ss.
COUNTY OF MIAMI-DADE)
The foregoing Form was acknowledged before me this_ day of , 2010, by
~ ~
, a Florida corporation, on behalf of said corporation and limited
partnership. He/She personally appeared before me and is personally known to me.
{NOTARY SEAL}
Notary:
Print Name
Notary Public, State of Florida
My Commission Expires:
[remainder of page intentionally left blank]
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(NON-COLLUSION AFFIDAVIT
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The undersigned being first duly sworn as provided by law, deposes, and says:
1.1. This Affidavit is made with the knowledge and intent that it is to be filed with the City of
Sunny Isles Beach City Commission and that it will be relied upon by said City, in any
consideration which may give to and any action it may take with respect to this proposal.
1.2. The undersigned IS authorized
to make this Affidavit on behalf of,
(Name of Corporation, Partnership, Individual,
existing under the laws of the State of
(Sole Owner,
etc.), a corporation duly organized and
of which he IS
Partner, President, etc.)
1.3. Neither the undersigned nor any person, firm, or corporation named in above Paragraph
1.2, nor anyone else to the knowledge of the undersigned, have themselves solicited or employed
anyone else to solicit favorable action for this proposal by the City, also that no head of any
department or employee therein, or any officer of the City of Sunny Isles Beach, Florida is
directly interested therein.
1.4. This proposal is genuine and not collusive or a sham; the person, firm or corporation
named above in Paragraph 1.2 has not colluded, conspired, connived or agreed directly or
indirectly with any Proposer or person, firm or corporation, to put in a sham proposal, or that
such person, firm or corporation, shall refrain from Proposing, and has not in any manner,
directly or indirectly, sought by agreement or collusion, or communication or conference with
any person, firm or corporation, to fix the prices of said proposal or proposals of any other
Proposer; and all statements contained in the proposal or proposals described above are true; and
further; neither the undersigned, nor the person, firm or corporation named above in Paragraph
1.2, has directly or indirectly submitted said proposal or the contents thereof, or divulged
information or data relative thereto, to any association or to any member or agent thereof.
AFFIANT'S NAME
AFFIANT'S TITLE
The foregoing Affidavit was acknowledged before me this_ day of , 2010, by
as of
, a Florida corporation, on behalf of said corporation and limited
partnership. He/She personally appeared before me and is personally known to me.
{ NOTORIAL SEAL}
Notary:
Print Name:
Notary Public, State of Florida
My Commission Expires:
-
0, su""
CITY OF SUNNY ISLES BEACH
AGREEMENT WITH
FOR CONCESSIONAIRE SERVICES FOR THE
PELICAN COMMUNITY PARK
CONTRACT NO.
THIS CONTRACTOR AGREEMENT made and entered into this _ day of
2010 by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, a
municipal corporation of the State of Florida, (hereinafter referred as to "City") and
,a Florida corporation, authorized to do business in the State of Florida,
(hereinafter referred to as "Contractor").
WHEREAS, the City wishes to employ Contractor to operate concessionaire services for
the Pelican Community Park pursuant to the specifications outlined in RFP No. 10-08-02 ; and
WHEREAS, the Contractor was selected by the City as the most qualified Proposer in
response to RFP No. 10-08-02; and
WHEREAS, the Contractor is qualified, willing and able to provide the desired services
on the terms and conditions set forth herein.
NOW THEREFORE, in consideration of the premises and the mutual covenants herein
named, the parties hereto agree as set forth below:
1. SERVICES. Contractor shall provide concessionaire services, as set forth in
Exhibit "A", attached hereto and incorporated by this reference, at the concession area located at
Pelican Community Park, 18115 North Bay Road in the City of Sunny Isles Beach ("Services"),
in a manner consistent with the accepted practices for other similar services, performed to the
City's satisfaction, within the time period prescribed by the City and pursuant to the direction of
the City Manager or his designee.
1.1 Customer Service. Contractor and all of its employees, agents, or
representatives shall provide the highest quality of customer service and shall treat all customers
with courtesy and respect. Contractor shall honor all reasonable requests for refunds including
requests from customers that are dissatisfied with any food, beverage or other product sold by
Contractor or from customers who have lost money in any vending machine owned by
Contractor.
1.2 Employee Appearance. All of Contractor's employees, agents,
representatives or licensees shall have a neat, clean and sanitary personal appearance and those
who come in direct contact with the public shall wear clothing or identification, which
distinguishes them as employees of Contractor.
1.3 Employee Training. Contractor shall provide a training program for its
employees, agents, or representatives for the development of the skills and techniques necessary
to perform its obligations under this Agreement including but not limited to promoting customer
service, produce and service presentation, cleanliness, positive attitude
and promoting the City's philosophy and policy.
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1.4 Staffing. The concession area shall be properly staffed in order to prevent
undue delay to the public. Contractor shall plan its staffing in advance and anticipate to the best
of its ability any events, such as holidays or special events, which may require additional
staffing. In the event the City determines in its sole discretion that Contractor is not adequately
staffing the concession area, it may notify Contractor of that fact and Contractor shall endeavor
to immediately increase its staffing to meet the City's recommendation.
1.5 Hours of Operation. The concession area shall remain open during the
hours of operation of PCP, unless the City notifies the Contractor of other hours of operation and
such hours of operation shall be posted in a conspicuous place in the concession area. Contractor
agrees to provide concession food sales on the weekends. Contractor may also provide
concession food sales during the weekday evenings at their option. Finally, Contractor may
provide concession food sales during special events, provided this is agreed to in writing
between the Contractor and the City Manager or his designee.
1.6 Pricing. All pricing of any food, beverage or other product as set forth in
Exhibit "A" attached hereto and incorporated by this reference, must be competitive and must be
approved in writing by the City. Contractor may not change any pricing without the City's prior
written consent, which consent may not be unreasonably withheld.
1. 7 Products. All food, beverage or other products offered for sale by Contractor
to the public shall be approved in writing by the City prior to distribution or sale of any such
products. Contractor shall comply with any reasonable requests made by the City to either add or
eliminate certain types of food, beverage or other products.
2. Concession EQuipment.
2.1 Authorized Use. Contractor shall have use and access to a large industrial
refrigerator/freezer, sink, microwave, and ice cream case provided by the City. In addition,
Contractor may, at its sole cost and expense, and with the City's written permission, install other
machines and/or equipment necessary to perform its Services under this Agreement.
Collectively, the equipment provided by the City and the Contractor's additional concession
equipment shall be referred to as "Concession Equipment".
2.2 Alterations. Concessionaire shall not make any alterations, additions or
improvements to the concession area without the City's prior written consent, which consent may
not be unreasonably withheld. In the event the City consents to the making of any alterations,
additions or improvements to the concession area, the same shall be made at Contractor's sole
cost and expense, and in the event such alterations, additions or improvements are made to a
structure, building or other improvement attached to the real property, the same will become a
part of the real property and be surrendered to the City upon the termination of this Agreement.
The City has no obligation to alter, remodel, improve, repair, decorate or paint the concession
area.
2.3 Removal of EQuipment. In the event the City notifies Contractor that it
desires the removal of any items of the Concession Equipment at any time, Contractor shall, at
its sole cost and expense, remove the designated items of the Concession Equipment and repair
any damage to the concession area caused by such removal within thirty (30) days.
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2.4 Maintenance. Contractor shall, at its sole cost and expense, maintain the
concession area and Concession Equipment in good condition and repair, including, but not
limited to, maintaining the concession area in a neat, clean and sanitary condition and removing
all garbage, trash or other debris on a regular basis pursuant to the City's instructions.
2.5 Damage to Concession Area or Concession EQuipment. If the Concession
Area or any part thereof, or Concession Equipment, are damaged by any cause other than the
sole negligence of the City, its employees or agents, Contractor shall, at its sole cost and
expense, restore the Concession Area or Concession Equipment to a condition equivalent to or
better than their condition immediately prior to such damage.
2.6 City Reimbursement. In the event Contractor fails to remove the Concession
Equipment pursuant to paragraph 2.3, maintain the Concession Area or Equipment pursuant to
paragraph 2.4, or repair the Concession Area or Concession Equipment pursuant to paragraph
2.5, the City may, but in no event is the City obligated to, remove the Concession Equipment or
perform the maintenance or repair of the Concession Area, and the Contractor shall, upon
demand, immediately pay the City the costs and expenses of such removal, maintenance or
repair.
2.7 Utilities. Taxes and Expenses. Contractor shall pay all costs and expenses
associated with the operation of the Concession Area other than utility expenses for water and
power, which will be paid by the City. Contractor shall pay directly, before delinquency, any and
all taxes levied or assessed upon its leasehold improvements, equipment, furniture, fixtures and
personal property located on the City's property.
2.8 Permits. Contractor is required to provide City, prior to commencement
of operation of the concessions, a copy of all licenses and/or certificates necessary to operate its
business in the City.
3. Term.
The term of this Agreement shall commence upon the effective date of this Agreement and shall
continue until the completion of the Services, but in any event no later than one (1) year from the
effective date, plus a one (1) year option at the City's discretion ("Term"). This Agreement may
be extended for additional one (1) year periods of time upon the mutual written agreement of the
City and the Contractor.
4. TERMINATION.
a. Termination for Default. If, through any cause within the 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.
1. In the event of termination, all finished and unfinished documents,
data and other work product prepared by Contractor (and sub-
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Contractor[s]) shall be delivered to the City and the Contractor shall
compensate the City in accordance with Section 3 of this Agreement.
ll. 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.
111. After receipt of a Termination Notice and except as otherwise directed
by the City, the Contractor shall:
1. Stop work on the date and to the extent specified;
2. Terminate and settle all orders and subcontracts
relating to the performance of the terminated work;
3. Transfer all work in process, completed work and
other materials related to the terminated work to
the City; and
4. Continue and complete all parts of that work that
have not been terminated.
b. Termination for Convenience of City. The City may, for its convenience and
without cause terminate the services then remaining to be performed provided that
the Contractor is given ten (10) days notice. In such an event, the provisions of
subparagraph (a)i.-iii. above shall be applicable.
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.
5. Compensation.
5.1 Total Compensation. The Contractor agrees to pay the City an amount equal
to % of the Contractor's gross monthly revenue, excluding state sales tax ("Percentage
Payment"). The term "Gross Monthly Revenue" shall mean the total amount charged by
Contractor, its employees, agents, or licensees, for all goods and merchandise sold or services
performed, whether for cash or other consideration or on credit, and regardless of collections,
including but not limited to orders taken at the Concession Area but filled elsewhere and orders
taken elsewhere but filled at the Concession Area.
5.2 Payment Due Date. Contractor shall deliver the Percentage Payment to the
City on or before the day of each month for Gross Monthly Revenue received during the
preceding month ("Due Date").
5.3 Access to Records. Contractor shall provide a written statement to the City on
the Due Date showing the total Gross Monthly Revenue for the preceding month ("Statement").
Contractor will provide the City or the City's agents or representatives reasonable access to the
books and records of Contractor for the purposes of auditing and inspecting the same to verify
20
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the Statement. The records shall include documents from which the original transaction entry
was made, including sales slips, cash register tapes, and/or purchase invoices. Contractor shall
keep true and accurate books and records showing all of its business transactions in separate
records of account for the concession operation, in a manner acceptable to the City. The City
shall have the right, through its representatives, and at all reasonable times, to inspect such books
and records, including State of Florida sales tax records. The City may require Contractor, at his
expense, to have his records and accounts audited by an auditor acceptable to the City and shall
present said audit to the City Manager or his designee within thirty (30) days after the
completion of the audit. If Contractor fails to provide the required audit, the City shall contract to
have an audit performed at the Contractor's expense
5.4 Cash Registers. All sales, other than sales from vending machines, shall be
recorded by cash registers, which display to the customer the amount of the sale and
automatically issue receipts certifying the transaction amount. The cash registers shall be
equipped with devices which lock in sales totals, transaction records, produce duplicate audit
tape, contain counters which cannot be reset and which record the transaction numbers and sales
details on such tape. Any errors shall be noted by Contractor on the audit tape with an
explanation. Cash register readings shall be recorded by Contractor at the beginning and the end
of each business day.
5.5 Late Fee. Contractor acknowledges that late payment to the City of the
Percentage Payment will cause the City to incur costs not contemplated by this Agreement, the
exact amount of which will be difficult to ascertain. Accordingly, if the Percentage Payment is
not received by the City on the Due Date, Contractor agrees to pay a per day late fee to the City
equal to Twenty-Five and No/100 Dollars ($25.00) per calendar day beyond the Due Date.
6. Compliance with Laws.
Contractor shall comply with and perform the Services in accordance with all applicable federal,
state, and City laws including, without limitation, all City codes, ordinances, resolutions,
standards and policies, as now existing or hereafter adopted or amended, including but not
limited to the following:
(i) Federal, state and local health, safety and licensing laws relating to the sale of concession
goods; and
(ii) City code provisions requiring any person or entity doing business in the City to obtain a
business license, tax or registration.
7. Warranty.
The Contractor warrants that it has the requisite training, skill and experience necessary to
provide the Services and is or will be appropriately accredited and licensed by all applicable
agencies and governmental entities, including but not limited to being registered to do business
in the City of Sunny Isles Beach.
8. Independent Contractor
It is the intention and understanding of the Parties that the Contractor shall be an independent
contractor and that the City shall be neither liable nor obligated to pay Contractor sick leave,
vacation payor any other benefit of employment, nor to pay any social security or other tax
which may arise as an incident of employment. The Contractor shall pay all income and other
21
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taxes as due. The Contractor, including its employees, 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.
9. Indemnification
Contractor agrees to indemnify, defend and hold harmless, the City, its officers, agents, and
employees from, and against any and all claims, actions, liabilities, losses and expenses
including, but not limited to, attorney's fees for personal, economic or bodily injury, wrongful
death, loss of or damage to property, at law or in equity, which may arise or may be alleged to
have risen from the negligent acts, errors, omissions or other wrongful conduct of the Contractor,
agents or other personnel entity acting under Contractor's control in connection with the
Contractor's performance of services under this Agreement and to that extent the Contractor
shall pay such claims and losses and shall pay all such costs and judgments which may issue
from any lawsuit arising from such claims and losses including wrongful termination or
allegations of discrimination or harassment, and shall pay all costs and attorneys' fees expended
by the City in defense of such claims and losses including appeals. That the aforesaid hold-
harmless agreement by Contractor shall apply to all damages and claims for damages of every
kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of
Contractor or any agent or employee of Contractor regardless of whether or not such insurance
policies shall have been determined to be applicable to any of such damages or claims for
damages. The provisions of this Indemnification section shall survive the expiration or
termination of this Agreement with respect to any event occurring prior to such expiration or
termination.
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, sub- Contractors or employees, as indicated below:
· Comprehensive General Liability ("CGL") insurance, with minimum limits of
One Million Dollars ($1,000,000) per occurrence, combined single limit for
Bodily Injury Liability and Property Damage Liability, and Two Million Dollars
($2,000,000) aggregate.
· Worker's Compensation, as required by law, but with no less than $1,000,000 for
Employer's Liability.
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· 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) per occurrence, One Million Dollars ($1,000,000) per accident for
bodily injury and Five Hundred Thousand Dollars ($500,000) per accident for
property damage.
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. ANY EXCEPTIONS TO THE INSURANCE
REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE
CITY.
11. No sublease. Contractor shall not sublease or otherwise convey any interest of any sort
granted by this agreement to any person or persons whatsoever without prior written consent and
approval by the City.
12. Condition of Premises. The taking of possession of the Concession Area by
Contractor shall, in itself, constitute acknowledgment that the premises are in good and
tenantable condition. Contractor agrees to accept said premises in the present existing condition,
"as is" and the additions, or betterments thereto. Contractor shall not construct or modify said
premises without the prior written approval by the City Manager or his designee. Any plans for
such construction, if applicable, shall be submitted to the City for approval. Such construction or
modification shall be without cost to the City.
13. Signs. All signs, names or placards shall be approved by the City Manager or his
designee prior to installation. All signs must meet all requirements and specifications as set forth
by the City.
14. Damage to/Destruction of Concession Area: Should the subject Concession Area or
the building and other improvements in which the subject premises are situated be totally or
partially damaged or destroyed, the City shall promptly repair the same, except that the City shall
have the option to terminate this Agreement if (a) the subject premises or the building
improvements in which the premises are situated cannot reasonably be expected to be restored
under existing law to substantially the same condition as existed prior to such damage or
destruction within ninety (90) days from the date that the insurance proceeds become available to
the City; or (b) if the costs of such restoration would exceed one-half (112) of the full insured
value of the building and other improvements in which the subject premises are situated; or (c) if
the damage or destruction results from a casualty not customarily insured against by a policy of
23
standard fire and extended coverage insurance having vandalism and malicious mischief
endorsements. Any notice of termination given here shall be given to Contractor within fifteen
(15) days after City determines the period of time required for and the estimated cost of such
repair or restoration. Any damage caused by the Contractor's operations shall be promptly and
properly repaired at the Contractor's expense.
15. Utilities: The City shall pay the reasonable costs for the actual utilities, including water,
gas, heat, light and power supplied to the Concession Area. The suspension or interruption in
utility service to the Concession Area for reasons beyond the ability or control of the City shall
not constitute a default by City or entitle Contractor to any reduction or abatement of any
payment due to the City.
16. Ownership of Documents. All documents prepared by the Contractor pursuant to this
agreement and related services to this agreement are intended and represented for the ownership
of the City only. Any other use by Contractor or other parties shall be approved in writing by the
City. Contractor shall deliver to the City for approval and acceptance, and before being eligible
for final payment or any amounts due, all documents and materials prepared by, and for, the City
under this Agreement.
All oral and written information not in the public domain or not previously known, and all
information and data obtained, developed or supplied by the City, or at its expense, will be kept
confidential by the Contractor and will not be disclosed to any other party, directly or indirectly,
without the City's prior written consent, unless required by a lawful order. All drawings, maps,
sketches, programs, data base, reports and other data developed or purchased under this
Agreement for, or at the City's expense, shall be and remain the City's property and may be
reproduced and reused at the discretion of the City.
The City and Contractor shall comply with the provisions of Chapter 119, Florida Statutes
(Public Records Law). All covenants, agreements, representations and warranties made herein,
or otherwise made in writing by any party pursuant hereto, including, but not limited to, any
representations made herein relating to disclosure or ownership of documents, shall survive the
execution and delivery of this Agreement and the consummation of the transactions
contemplated hereby.
17. Assignments. Transfers and SubcontractiD!!. 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.
18. Coordination of Services. The City's representative/liaison during the performance of
this Agreement shall be Susan Simpson, Cultural and Human Services Director whose phone
number is (305) 792-1706. Contractor shall not respond to requests for services under this
Agreement unless the request is received directly from Susan Simpson, Cultural and Human
Services Director, or her designated personnel. Any requests received from other City
departments/divisions shall be referred to Susan Simpson first for approval or if she is
unavailable, then to the City Manager, Rick Conner for approval prior to the commencement
of any work. Services performed without authorization by Susan Simpson, Cultural and
Human Services Director, or the City Manager, Rick Conner, shall be considered
unauthorized and shall not be compensated/paid by the City.
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.~
19. Time for Performance: Except as otherwise expressly provided for in this agreement,
should the performance of any required by this agreement to be performed by either party be
prevented or delayed by reason by any act of God, strike, lockout, labor trouble, inability to
secure materials, or any other cause except financial inability not the fault of the party required
to perform the act, the time for performance of the act will be extended for a period of time
equivalent to the period of delay will be excused; provided, however, that nothing contained in
this section shall exclude the prompt payment by either party as required by this agreement or the
performance of any act rendered difficult or impossible solely because of the financial condition
of the party required to perform the act.
20. 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. The non-prevailing party shall pay all
costs of arbitration and attorneys' fees incurred by the parties 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.
21. 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 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 in a court of equity for
violating such provisions.
22. Notices. All notices and communications hereunder shall be in writing and shall be
deemed given when sent postage prepaid by registered or certified mail, return receipt requested
and, if intended for City to City Manager, Rick Conner, with a copy to Hans Ottinot, City
Attorney, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160,
and, if intended for Contractor, shall be addressed to,
23. Governing Law. The validity of this Agreement and the interpretation and performance
of all of its terms shall be construed and enforced in accordance with the laws of the State of
Florida, without regard to principles of conflict of laws thereof. The location of any action or
proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade County, in
the State of Florida.
24. 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.
25. 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 I 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
25
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/family 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.
26 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 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. Contractor covenants that it
presently has no interest and shall not acquire any interest, direct or indirectly that should
conflict in any manner or degree with the performance of the services.
27. Entire Agreement. 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 understanding
relating hereto. This Agreement may be executed in multiple identical counterparts, each of
which shall be deemed an original for all purposes. The terms and conditions of this Agreement
shall prevail over any contrary or inconsistent terms in any other documents, including any
attachments hereto.
28. Amendment. Any modification of this Agreement shall be effective only if in writing
and signed by the parties to this Agreement. 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.
[remainder of page intentionally left blank]
26
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate
on the day and year first written above.
WITNESSES:
COMPANY
Signature
Print Name
BY:
Name & Title
WITNESSES:
Signature
Print Name
ATTEST:
CITY OF SUNNY ISLES BEACH
BY:
Jane A. Hines, CMC, City Clerk
BY:
Norman S. Edelcup, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Hans Ottinot, City Attorney
27
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