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HomeMy WebLinkAboutSpecifications - 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 2 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. 3 - 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 4 ....... 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 5 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. 6 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. 7 .- 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. 8 ........ 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. 9 ""' 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. 10 - 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 11 - . 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 12 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. 13 - 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) 14 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] 15 .. (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. 17 ... 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. 18 .. 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- 19 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 .. 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 ... 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. 22 .. · 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. 24 .~ 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 f--_.J:,{J~:.qrf:r\--:~~:..' -i,.,\':r'~-\-l \, ).~::-=0r; ;..-;' ~QJ / '3'\ l':?f1!.:J ':." ---Lttff'!i}TUh:~A ~,\~~, >?~~':>~i( ,>? i '\ ~ - ( - ~~}!.?/i. ' ~ t \":'.~LL!i'.L' l::'\.\ ' ,<;1,' -..-~:,~ ::; , ..X / '<" ).;, ", "~r:2.' /; ~ .." c,-----tJ~ATC"'lINt \.;>... . ,,1 . . /.. i.' 1/::, ':: -..-_" "". /: \:,:'UJit~"f'i.. "-" /f~' ':;",' - .,' I /',. '''/'7'"". /./~: . . I."". . ~-+~'r".j.I'''. ~.~ '/... / ~.. /Y '!r.- I \,;.?:.:, ....\':.'.ri:H','I..;-J';:.\ "'<::::""".. !.;." k ,/'{".:.-f" .-/I.-..-t-i 1/ \'., "..\ '.' ._t: .; ,I.... .. 'II,; .,,:, \, GYM NASI // - ~i;;::;;uJ:;ttt~tfL.,._"~ _ _ _:~ _ _ _ "../,-~ ../f)/:.., _ i;tESTIBU .. '\\""'I'~I.tJ/; ~-/I/' ';.< - - 'Jr · ,.' /' -< ~~f'R'~1~2~ " '-".//,:'-:'~-~ ~..~"'I' ; -~, I :.' "'-'. --~-.~,. 1" ~!'('~r ",.;/' .... '__ I ..... I. ,,' ','-- j....., " ..,.) it,,, f " - '- __ ..,'1 . .'-.J." ..'./ '/1 _I_~' ,. 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