HomeMy WebLinkAboutReso 2011-1761
RESOLUTION NO. 2011- 17~ I
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT
WITH ALL STAR EVENTS, INC. TO PROVIDE RIDES AND GAMES
FOR THE CITY'S HALLOWEEN EVENT OCTOBER 28 - 29, 2011,
IN AN AMOUNT NOT TO EXCEED ELEVEN THOUSAND NINE
HUNDRED EIGHTY DOLLARS ($11,980.00), A TT ACHED HERETO
AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City is holding its Halloween Event October 28 - 29, 2011; and
WHEREAS, the City is in need of a contractor to provide rides and games for the Event;
and
WHEREAS, All Star Events, Inc. has expressed the ability and desire to provide these
services subject to the terms and conditions contained in its proposal; and
WHEREAS, the City wishes to enter into an Agreement with All Star Events, Inc., to
provide these services for the Halloween Event Friday, October 28 through Saturday, October 29,
2011, in an amount not to exceed Eleven Thousand Nine Hundred Eighty Dollars ($11,980.00),
attached hereto as Exhibit "A".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Agreement. The Agreement with All Star Events, Inc. to provide
rides and games for the City's Halloween Event October 28 - 29, 2011, in an amount not to
exceed Eleven Thousand Nine Hundred Eighty Dollars ($11,980.00), attached hereto as Exhibit
"A", is hereby approved.
Section 2. Authorization of the Mayor. The Mayor is hereby authorized to execute said
Agreement.
Section 3. Authorization of the City Manager. The City Manager is hereby authorized to do
all things necessary to effectuate this Resolution.
Section 4.
Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 15th day of September 2011.
R2011- All Star Events Halloween Event
Page I 01'2
ATTEST:
cl~A~
Jane A. Hines, CMC, City Clerk
AS TO FORM
UFFICIENCY:
Vote: 5 -0
Mayor Norman S. Edelcup
Vice Mayor Lewis Thaler
Commissioner Isaac Aelion
Commissioner Jeanette Gatto
Commissioner George "Bud" Scholl
R2011- All Star Events Halloween Event
Moved by:
Seconded by:
v (Yes)
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-.IL(Yes)
~(Yes)
~(Yes)
Page 2 01'2
V,'a t<\~bV ~A-L~
Cb~G;A-TTO
_(No)
_(NO)
_(NO)
_(NO)
_(NO)
AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH
AND ALL STAR EVENTS, INC. FOR HALLOWEEN EVENT
CONTRACT NO. CIOII-068
THIS AGREEMENT, entered into this bL0 day of 0~ft!mR{!.( 2011, by and
between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to "City") and ALL STAR
EVENTS, INC., authorized to do business in the State of Florida (hereinafter referred to as
"Contractor"), whose Federal I.D. # is &.<; 07..;{ ()D,;)I,.
RECIT ALS
WHEREAS, the City is in need of a contractor to provide rides and games for the City's
Halloween Event on Friday, October 28,2011- Saturday, October 29,2011 ("Services); and
WHEREAS, Contractor has expressed the ability and desire to provide these Services subject
to the terms and conditions contained in its proposal as more fully described in Attachment "A", which
is attached hereto and made a part hereof; and
WHEREAS, the City solicited three (3) bids and deemed Contractor to be the lowest
responsible, responsive bidder; and
WHEREAS, the City desires to enter into an Agreement with Contractor to provide the
Services in a total amount not to exceed Eleven Thousand Nine Hundred Eighty Dollars ($11,980.00).
NOW THEREFORE, in consideration of the premises and the mutual covenants herein
names, the parties agree as follows:
TERMS
1. RECITALS: The recitals set forth above are hereby incorporated into this Agreement and
made a part hereof.
2. SERVICES: Contractor agrees to furnish all labor and materials in a good workmanlike and
professional manner and to perform the Services designated in Attachment "A" attached hereto, and
incorporated herein by reference. The Services shall be performed by Contractor to the full
satisfaction of the City. Contractor agrees to have a qualified representative to audit and inspect the
Services provided on a regular basis to ensure all Services are being performed in accordance with the
City's needs and pursuant to the terms of this Agreement, and shall report to the City accordingly.
Contractor agrees to immediately inform the City via telephone and in writing of any problems that
could cause damage to the City's property, improvements and persons. Contractor will require its
employees to perform their work in a manner befitting the type and scope of work to be performed. In
the event that the Contractor fails to complete the Services pursuant to the terms of this contract and
City must undertake the completion of performance of Services, Contractor agrees to indemnify the
City for all costs incurred with respect to the completion of those Services and any damages the City
may suffer as a result of the Contractor's failure to perform the Services.
C0910-041 All Star Events, Inc. Service Agreement
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City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
Phone (305) 947-0606 Fax (305) 949-3113
3. COMPENSATION: For its Services to the City, under and during the term of this
Agreement, the City shall pay to the Contractor the sum of Eleven Thousand Nine Hundred Eighty
Dollars ($11,980.00). The City agrees to pay the Contractor 50% of the total compensation in advance
and the remaining 50% upon completion of the Services.
4. 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:
o Comprehensive General liability insurance, including broad form contractual liability
coverage for all operations, including, but not limited to, contractual, products, and
completed operations, personal injury and property damage liability with minimum
limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars
($2,000,000) aggregate.
o Worker's Compensation, as required by law, but with no less than $1,000,000 for
Employer's Liability.
o Business Automobile Liability Insurance with mInImUm limits of Five Hundred
Thousand Dollars ($500,000.00) per occurrence combined single limit for Bodily Injury
Liability and Property Damage Liability. Coverage must be afforded on a form no
more restrictive than the latest edition of the Business Automobile Liability Policy,
without restrictive endorsements, as filed by the Insurance Services Office and must
include:
Owned vehicles;
Hired and non-owned vehicles; and
Employers' non-ownership.
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
Manager or his designee. All insurance policies and certificates of insurance shall provide that the
policies may not be canceled or altered without thirty (30) days prior written notice to the City.
CIOII-068 All Star Events. Inc. Service Agreement
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2
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City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
Phone (305) 947-0606 Fax (305) 949-3113
Contractor shall also require and ensure that each of its sub-Contractors providing services hereunder
(if any) procures and maintains, until the completion of the services, insurance of the types and to the
limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS
SECTION MUST BE APPROVED IN WRITING BY THE CITY.
5. OWNERSHIP OF DOCUMENTS: The parties agree that all documentation and work
product produced pursuant to this Agreement shall become the exclusive property of the City and shall
be provided to the City upon request.
6. INDEPENDENT CONTRACTOR RELATIONSHIP: It is understood and agreed that
nothing contained in this Agreement shall be deemed to create a partnership, joint venture, other
association, or an employer/employee relationship between the Contractor and the City. Contractor
shall be in the relation of an independent contractor and is to have entire charge, control and
supervision of the work to be performed hereunder.
7. COMPLIANCE WITH LAW: Contractor shall comply with all laws, regulations and
ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this
Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits, licenses,
approvals and consents necessary for the lawful conduct of the activities contemplated under this
Agreement. Specifically, Contractors shall comply with all applicable conflict of interest provisions as
provided in state statutes, Miami-Dade County Code and the Code of the City of Sunny Isles Beach
(Section 62-16 entitled "Ethics in Public Contracting"). As provided in Section 62-16, Code of the
City of Sunny Isles Beach, the City Commission may terminate this Contract for violation of the
above-referenced ethical standards.
8. WAIVER OF LIABILITYIINDEMNITY: The City shall not in any way be answerable or
accountable for any violations of applicable laws or for any injury, loss or damage arising from the
negligence or omission of Contractor or anyone of its employees, contractors or agents. Contractor
hereby agrees to indemnify, defend and hold harmless the City from and against any claim, loss,
damage, liability, cost or expense, including attorneys' fees, whether or not due to or caused in whole
or in part by City or its employees, arising out of (i) the performance or breach by the Contractor of its
obligations under this Agreement, (ii) any personal or bodily injury, including death, to any person and
destruction of property resulting from the performance or breach by Contractor. Contractor's
indemnity obligation shall extend up to but shall not exceed the higher limits of that insurance.
Contractor hereby irrevocably waives any right and agrees not to file any mechanic's or materialman's
lien against City property.
9. ASSIGNMENT: This Agreement shall be binding upon and shall inure to the benefit of the
City and to any and all of its successors and assigns, whether by merger, consolidation, transfer of
substantially all assets or any similar transaction. Notwithstanding the foregoing, this Agreement is
personal to the Contractor and it may not, either directly or indirectly, assign its rights or delegate its
obligations to City hereunder without first obtaining the City's consent in writing. Any such attempted
assignment or delegation shall be deemed of no legal force and effect whatsoever.
CIOII-068 All Star Events, Inc. Service Agreement
3
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"
J
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
Phone (305) 947-0606 Fax (305) 949-3113
10. TERM: Subject to the provisions relating to the termination of this Agreement as set forth
hereunder, the term of this Agreement shall begin upon the execution of this Agreement and shall end
on October 29, 2011. If the event is canceled and rescheduled, per Section 12 below, the term shall
end upon completion of the rescheduled date. Payment will be made only for services completed to
the satisfaction of the City. Contractor is to commence performance of Services on the
commencement date and continue in a diligent manner until the Services are complete. Contractor
acknowledges that compliance with the commencement and completion date is the essence of this
Agreement. The terms of Sections 7 and 8 entitled "Compliance with Law" and "Waiver of
Liability/Indemnity," respectively, shall survive termination of this Agreement.
11. CANCELLATION: The City has the right to exercise its discretion and cancel Contractor's
Services by providing notice to Contractor, at least by 4 p.m. the day before the scheduled event date,
due to the threat of severe inclement weather (i.e. hurricanes, tornadoes, flooding, etc.) acts of God,
riots, strikes, epidemics and similar circumstances. In the event of such cancellation under this
Section, the Contractor agrees to reschedule the event in the City within 60 (sixty) calendar days of the
cancelled event, with the Contractor's 50% retainer deposit to be applied to this rescheduled event.
However, in the event the Contractor is unable to reschedule the canceled event within this 60 (sixty)
day period, then Contractor shall be required to return any funds paid by the City, including but not
limited to, the initial 50% retainer deposit.
12. TERMINATION:
A. 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.
(i). In the event of termination, all finished and unfinished documents, data and other work
product prepared by Contractor (and sub Contractor(s)) shall be delivered to the City
and the City shall compensate the Contractor for all services satisfactorily performed
prior to the date of termination, as provided in Paragraph 3 herein.
(ii). Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the
City for damages sustained by it by virtue of a breach of the agreement by Contractor
and the City may reasonably withhold payments to Contractor for the purposes of set-
off until such time as the exact amount of damages due the City from the Contractor is
determined.
B. Termination for Convenience of City. The City may, for its convenience and without
cause terminate the services then remaining to be performed at any time by given written notice which
shall become effective ten (10) days following receipt by Contractor. The terms of Paragraphs A(i)
and (ii) shall be applicable hereunder.
CIOII-068 All Star Events, Inc. Service Agreement
4
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
Phone (305) 947-0606 Fax (305) 949-3113
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.
13. NOTICES: All notices and other communications required or permitted to be given under
this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise
provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested,
(ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile
with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class
postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier
service), addressed to such party as follows:
If to the City: With a copy to:
Alan J. Cohen, City Manager Hans Ottinot, City Attorney
City of Sunny Isles Beach City of Sunny Isles Beach
18070 Collins Ave. 18070 Collins Ave.
Fourth Floor Fourth Floor
Sunny Isles Beach, Florida 33160 Sunny Isles Beach, Florida 33160
Ph: 305-792-1701 Ph: 305-792-1702
If to the : Sonny or Claudia Banks
All Star Events, Inc.
16350 NW 15th Avenue
Miami, FL 33169
Ph: 305-623-0058
Fax: 305-623-0067
Trisha@allstar-events.com
14. 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 legal action or proceeding
commenced under or pursuant to this Agreement shall be in Miami-Dade County, Florida.
15. ARBITRATION: It is the intention of the parties that whenever possible, if a dispute or
controversy arises hereunder then such dispute or controversy shall be settled by arbitration in
accordance with the procedures, rules and regulations of the American Arbitration Association. The
decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the
award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be
held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the
parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party
shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may
be determined by the court on confirmation.
CIOII-068 All Star Events, Inc. Service Agreement
5
City of Sunny Isles Beach
18070 Collins A venue, Sunny Isles Beach, Florida 33160
Phone (305) 947-0606 Fax (305) 949-3113
16. MISCELLANEOUS:
A. In the event any provision of this Agreement is found to be void and unenforceable by a
court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be
binding upon the parties with the same effect as though the void or unenforceable provisions had been
severed and deleted.
B. This Agreement may be executed in multiple identical counterparts, each of which shall
be deemed an original for all purposes.
C. This Agreement shall constitute the entire agreement between the parties with respect to
the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written
negotiations, commitments, agreements and understanding relating hereto.
D. Any modification of this Agreement shall be effective only if in writing and signed by
the parties to this Agreement.
E. No waiver of any provision of this Agreement shall be valid or enforceable unless such
waiver is in writing and signed by the party granting such waiver.
F. The terms and conditions in this Agreement supersede any other conflicting provisions
that are contained in any other document, including but not limited to any attachments hereto.
CIOII-068 All Star Events, Inc. Service Agreement
6
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
Phone (305) 947-0606 Fax (305) 949-3113
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day
and year first written above.
WITNESSES #1:
ALL STAR EVENTS, INC.
~7~1 (.4 'l..
Print Name
[ 'fJ t/H Bv
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Signature
WITNESSES #2:
Print Name
Signature
ATTEST:
CITY OF SUNNY ISLES BEACH
B~
Jane A. Hines, CMC, City Clerk
CIOII-068 All Star Events, Inc. Service Agreement
7
AII Star Events, Inc
16350 NW 1 sth Ave.
Miami, FL 33169
Phone: (305) 623-0058
Fax: (305)623-0067
www.allstar-events.com
Page #: 1
Invoice #:42374
Date: Wednesday, September 07,2011
Invoice
Event Datesrrimes
Fri, October 28, 2011 - Sat, October 29, 2011
07:00PM - 10:30PM
Customer Information
CITY OF SUNNY ISLES
ATT: SUSAN-JUSTIN
18070 COLLINS AVE
SUNNY ISLES, FL 33160
Event Information
Your Rep Is: Trisha@allstar-events.com
Place Of Event: PELICAN PARK
18115 NORTH BAY RD
Home:305-792-1759 Site Contact:
Work: 305-792-1706
Fax: 305-792-1566 Event Phone:
Cell: 786-202-1137
,
Type Of Event: CITY
# Of Guests:
PO#:
Child Name I Age:
"'_In "q ;J""1iIIeS PricE! QW i;:iR8{1IiQIIiI
,~ ;11 . ".
FACE PAINTER 07:00PM - 1 0:30PM $700.00 2 $1,400.00
DIXIE WHEEL WI A TT 07:00PM - 10:30PM $1,300.00 1 $1,300.00
KIDDIE CAROUSEL 07:00PM - 10:30PM $1,000.00 1 $1,000.00
WIATT.
FIBERGLASS FAIR 07:00PM - 10:30PM $1,750.00 1 $1,750.00
SLIDE WI A TT
KIDS TOWN WESTERN 07:00PM - 10:30PM $1,400.00 1 $1,400.00
PLA YPORTSLlDES.
CHUTES AND
LADDERS
DORA & DIEGO 07:00PM - 10:30PM $750.00 1 $750.00
TODDLER CENTER
WIATT
ROCK WALL WIATT. 07:00PM - 10:30PM $1,200.00 1 $1,200.00
TWIN SPIN WIA TT. 07:00PM - 10:30PM $850.00 1 $850.00
WILD ONE OBSTACLE 07:00PM - 10:30PM $1,600.00 1 $1,600.00
COURSE
DELIVERY & POWER 07:00PM - 10:30PM $500.00 1 $500.00
STA TE INSPECTION 07:00PM - 10:30PM $230.00 1 $230.00
FEE
Equipment Fees: $11,980.00
Admin Fees: $0.00
Deliverv Fees: $0.00
Discount: $0.00
Total: $11,980.00
Deposit Reauired: $5,990.00
Deposit Due Within'
7 Business Davs
Pavments:
Balance Due~ $11,980.00.
**BY SIGNING BELOW I ACKNOWLEDGE AND ACCEPT ALL OF THE PROVISIONS SET FORTH IN THIS CONFIRMATION,
THE ATIACHED TERMS AND CONDITIONS & THE RELEASE FORM. NO ORAL MODIFICATIONS WILL BE CONSIDERED
UNLESS REDUCED TO WRITING AND SIGNED BY ALL PARTIES.
(> j '""
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City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMOE,ANDUlYI
TO:
The Honorable Mayor and City Commission
FROM:
Susan Simpson, Cultural and Human Services Director
DATE:
9/15/2011
RE:
Approval of Agreement with All Star Events for the City's Halloween
Event
RECOMMENDA TION:
It is recommended that the City Commission approve the attached resolution to enter into
an agreement with All Star Events for the rental and operation of carnival style rides for
the City's annual Halloween event, Booogie by the Beach, on Friday, October 28 and
Saturday, October 29,2011 in an amount not to exceed Eleven Thousand, Nine Hundred
and Eighty Dollars ($11,980.00).
REASONS:
The City produces an annual 2-day Halloween event that offers carnival style games and
rides for the children. Each year the event has grown in popularity with an estimated
4,000 guests in 2010. In an effort to continue to provide a quality event, it is
recommended that more ride options be provided to better manage the large number of
attendees.
ADDITIONAL INFORMATION:
Three quotes were acquired for this item and All Star Events was realized to be the
lowest price while meeting the requirements of the City. Although a 50% non-refundable
deposit is required for this rental due to the high demand weekend, in the event of a
cancellation due to weather or other unforseeable circumstances, the deposit will be
applied to another City event within 60 days.
It is recommended that to defray a portion of this cost, the City will charge guests
without their Resident ID card a nominal fee for the rides.
FUNDING SOURCE:
http://sibagenda.sibfl.net/agenda/Preview.aspx?I temID=5 81 &MeetingID=O&MeetingDate=... 9/8/2011
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Funding is budgeted and available for this item in the Special Events Account Number
10.572.5574 for fiscal year 2011-2012. Payments, including deposit, will not be paid
until after October I, 2011, the start of the new fiscal year.
A TT ACHMENTS:
. Resolution
http://sibagenda.sibfl.net/agendalPreview.aspx?ItemID=581 &MeetingID=O&MeetingDate=... 9/812011