HomeMy WebLinkAboutMAGE, LLC Beach Vending Agreement 5-1-15OXON 0101 ILIVA11 '011:010513011
THIS AGREEMENT is made this I" day of May, 2015 ("Effective Date"), by and
between the CITY OF CAPE CANAVERAL, FLORIDA, a Florida municipal corporation,
whose address is 105 Polk Avenue, Cape Canaveral, Florida, 32920 ("City"), and MAGEC, LLC,
whose address is 14335 Pebble Beach Blvd., Orlando, Florida
WHEREAS, the Vendor desires to offer Flavored Shaved lee and Bottled Water,
("Services") for the benefit of the public using the sand beach areas within the City's jurisdictional
boundaries; and
WHEREAS, the City desires to allow the Vendor to offer such Services to the public under
the terins and conditions set forth in this Agreement.
IN CONSIDERATION of the mutual covenants and provisions hereof, and other good,
diverse and valuable considerations, the receipt and sufficiency all or which is hereby
acknowledged, the parties desiring to be legally bound do hereby agree as follows:
ARTICLE I
QENERAL PROVISIONS
1.1 Eggagement. The City hereby engages the Vendor for the stated fee arrangement
and the Vendor agrees to perforin the Services outlined in the Request for Proposal, attached hereto
as EXHIBIT "A", which is fully incorporated herein by this reference. No prior or present
agreements or representations shall be binding upon any of the parties hereto unless incorporated
in this Agreement,
1.2 Due Difleence. The Vendor acknowledges that he/she has conducted an
investigation prior to execution of this Agreement and satisfied himself/herself as to the conditions
affecting the Services, the availability of materials and labor, the cost thereof, the requirements to
obtain necessary insurance as set forth herein, and the steps necessary to complete the Services
herein. The Vendor warrants unto the City that he/she has the competence and abilities to carefully
and faithfully complete the Services set forth herein, The Vendor shall perform the Services with
due and reasonable diligence consistent with sound professional practices.
1.3 Consultants Competitive Negotiation Act Services. The Vendor warrants unto
the City that the services being performed pursuant to this Agreement do not constitut4
professional services as defined by Section 287.055(2) (a), Florida Statutes.
ARTICLE 2
2.1 Pavment Terms, Annual payment of $500 is due upon contract execution and at each
annual renewal period thereafter. Franchise fee payments shall be sent to the parties at the
following address;
City of Cape Canaveral
-rL--.#,admevA
P.O. Box 326
Cape Canaveral, Fl. 32920
ARTICLE 3
3.1 Provision of Services is a Private UmIeEjj!ijM. With regard to any and all
Services performed hereunder, it is specifically understood and agreed to by and between the
parties hereto that the contractual relationship between the City and the Vendor is such that the
Vendor is not an agent of the City. Nothing in this Agreement shall be interpreted to establish any
relationship other than that of an independent contractor between the City and the Vendor during
or after the performance of the Services under this Agreement,
3.2 Warranty of Services. The Vendor hereby warrants unto the City that he/she has
sufficient experience to properly complete the Services specified herein or as may be performed
pursuant to this Agreement. The Vendor shall comply with all laws, ordinances, rules and
regulations in the performance of the Services. The Vendor shall pay all taxes, fees and license
fees required by law, including but not limited to Local Business Tax Receipts and withholding
taxes and assume all costs incident to the Services, except as provided herein.
ARTICLE 4
4.1 Assignment and Subcontracting. Unless otherwise specifically required by this
Agreement, the Vendor shall not assign, sublet or transfer any rights or Services Linder or interest
in (including, but without limitations, moneys that may become due) this Agreement without the
written consent of the City, except to the extent that any assignment, sublet, or transfer is mandated
by law or the effect of this limitation may be restricted by law. Unless specifically stated to the
contrary in any written consent to any assignment, no assignment shall release or discharge the
assignor from any duty or responsibility under this Agreement. Further, the Vendor shall not
subcontract any portion or all of the Services without the written consent of the City, Nothing
under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone
other than the City and the Vendor, and all duties and responsibilities undertaken pursuant to this
Agreement shall be for the sole and exclusive benefit of the City and the Vendor and not for the
benefit of any other party.
ARTICLE 5
JMSCXL-1'4•
5.1 Governini! Law, Venue. This Contract shall be governed by the law of the State
of Florida, Venue of all disputes shall be properly placed in Brevard County, Florida, The parties
agree that, the Agreement was consummated in Brevard County, and the site of the Services is
Brevard County. If any dispute concerning this Contract arises under federal law, the venue shall
5.2 Notices. All notices, demands, requests, instructions, approvals, and claims shall
be in writing. All notices of any type hereunder shall be given by [J.S. mail or by hand delivery
to an individual authorized to receive mail for the below listed individuals, all to the following
individuals at the following locations:
TO THE CITY:
David L. Greene
City Manager
City of Cape Canaveral
P.O. Box 326 (105 Polk Avenue)
Cape Canaveral, FL 32920
(321) 868-1220 (Phone)
(321) 868-1248 (Fax)
Name: William Michalski
Address: 14335 Pebble Beach Blvd.
Orlando, FL. 32826
Telephone: 407-340-6345
Notice shall be deemed to have been given and received on the date the notice is physically
received if given by hand delivery, or if notice is given by first class U.S. Mail, then notice shall
be deemed to have been given upon the date said notice was deposited in the U.S. Mail addressed
in the manner set forth above. Any party hereto by giving notice in the manner set forth herein
may unilaterally change the name of the person to whom notice is to be given or the address at
which notice is to be received.
5.3 PubHc Record. In accordance with section 119.0701, Florida. Statutes, Contractor
agrees that all documents, transactions, writings, papers, letters, tapes, photographs, sound
recordings, data processing software, or other material, regardless of the physical form,
characteristics, or means of transmission, made or received pursuant to this agreement or in
connection with any funds provided by the City pursuant to this Agreement may be considered
public records pursuant to Chapter 119, Florida Statutes. Contractor agrees to keep and maintain
any and all public records that ordinarily and necessarily would be required by the City in order to
perform the services required by this Agreement. Contractor also agrees to provide the public with
access to public records on the same terms and conditions that the City would provide the records
and at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes or as otherwise
provided by law, Contractor shall also ensure that public records that are exempt or confidential
and exempt from public records disclosure requirements are not disclosed except as authorized by
law. In addition, Contractor shall meet all requirements for retaining public records and transfer,
at no cost, to the City all public records in possession of the Contractor upon termination of this
Agreement and destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. All records stored electronically must be provided to
the City in a fonnat that is compatible with the information technology systems of the City. If
Contractor does not comply with a public records request, the City shall have the right to enforce
the provisions of this Paragraph. In the event that Contractor fails to comply with the provisions
of this Paragraph, and the City is required to enforce the provisions of this Paragraph, or the City
suffers a third party award of attorney's fees and/or damages for violating the provisions of Chapter
119, Florida Statutes due to Contractor's failure to comply with the provisions of this Paragraph,
the City shall be entitled to collect from Contractor prevailing party attorney's fees and costs, and
any damages incurred by the City, for enforcing this Paragraph against Contractor, And, if
applicable, the City shall also be entitled to reimbursement of any and all attorney's fees and
damages which the City was required to pay a third party because of Contractor's failure to comply
with the provisions of this Paragraph. This Paragraph shall survive the termination of this
Agreement.
5.4 Amendment of Agreemen . Modifications or changes in this Agreement must be
in writing and executed by the parties bound to this Agreement.
5.5 Severability. If a word, sentence or paragraph herein shall be declared illegal,
unenforceable or unconstitutional, the said word, sentence or paragraph shall be severed from this
Contract, and this Contract shall be read as if said illegal, unenforceable or unconstitutional word,
sentence or paragraph did not exist.
5.6 Attorney's Fees. Should any litigation arise concerning this Agreement between
the parties hereto, the parties agree to bear their own costs and attorney's fees.
5.7 Entire Agreement. This Agreement represents the entire and integrated
Agreement between the parties and supersedes all prior negotiations, representations or
Agreements, either oral or written, and all such matters shall be deemed merged into this
Agreement.
5.8 Sovereign Immunitv, Notwithstanding any other provision set forth in this
Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right
to sovereign immunity under Section 768,28, Florida Statutes or other limitations imposed on the
City's potential liability under state or federal law. As such, Vendor agrees that the City shall not
be liable under this Agreement for punitive damages or interest for the period before judgment,
Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person
for more than two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion
thereof, which, when totaled with all other claims or judgments paid by the State or its agencies
and subdivisions arising out of the carne incident or occurrence, exceeds the sura of three hundred
thousand dollars ($300,000.00).
5.9 Access to Beach Sand Area® The Vendor shall only move the vending cart onto
or off of the beach via the Washington Avenue ernergency sand beach access. No wooden Dune
Walkover shall ever be used for access without prior permission. Furthermore, vendor must adhere
to all parking regulations as set forth in the City Code of Ordinances.
ARTICLE 6
E?LQ1EC11QX4Q1J=,, MM-AAND PROPERTY; INSURANCE
6.1 Workers' Compensation, Upon the effective date of this Agreement, Vendor
shall provide proof of workers' compensation insurance in the minimum amount required by law
(if required).
6.2 General Liabili!y, Insurance Requirements: Upon award, the Vendor shall be
required to obtain and furnish to the City, prior to the contract being effective, Certificates of
Insurance approved by the City. All insurance policies shall be with insurers with an acceptable
rating, registered and licensed to do business in the State of Florida. The Vendor shall be required
to name the City as an additional named insured with the following minimum coverages:
a. Workers' Compensation: Upon the effective date of this agreement, Vendor shall
provide proof of workers' compensation insurance in the minimum amount required by
law (if required).
b. Comprehensive General Liability Insurance: Shall be maintained by the Vendor with
minimum limits not less than the following:
$1,000,000 Bodily Injury and Property Damage— each occurrence
$1,000,000 Personal and Advertising Injury— each occurrence
OEM=
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregated Limit
$ 5,000 Medical Payment
$ 100,000 Fire Damage Legal Liability
Coverage shall include contractual liability and Vendor's liability.
c. Automobile Liability Insurance: Shall be maintained by the Vendor with a combined
single limit of not less than $ 1,000,000 bodily injury and property damage in accordance
with the laws of the State of Florida, as to the ownership, maintenance and use of all owned,
non -owned, leased or hired vehicles.
(The above requirements may be reduced in the final contract at the City's sole discretion.)
6.3 Requirements. This paragraph shall be applicable to Sections 6.1 and 6.2. The
insurance required by this Article shall include the liability and coverage provided herein, or as
required by law, whichever requirements afford greater coverage. All of the policies of insurance
so required to be purchased and maintained for the certificates (or other evidence thereof) shall
contain a provision or endorsement that the coverage afforded shall not be canceled, materially
changed or renewal refused. until at least thirty (30) days prior written notice has been given to the
City and the Vendor by certified mail, return receipt requested. All such insurance shall remain in
effect until final payment. Unless agreed to by the City to the contrary, the City shall be named on
the foregoing insurance policies as "additional insured", The Vendor shall cause its insurance
carriers to furnish insurance certificates specifying the types and amounts of coverage in effect
pursuant hereto, the expiration dates of such policies, and a statement that no insurance under such
policies shall be canceled without thirty (30) days prior written notice to the City in compliance
with other provisions of this Agreement. For all Services performed pursuant to this Agreement,
the Vendor shall continuously maintain such insurance as required by Sections 6.1, 6.2, and 6.3.
In the event Vendor fails to maintain said insurance, City, at its option, may elect to terminate this
Agreement by written notice to Vendor.
6.4 Indemnification and Hold Harmless. For all Services performed pursuant to this
Agreement, the Vendor agrees to the fullest extent permitted by law, to indemnify and hold
harmless the City and its employees, officers, and attorneys from and against all claims, losses,
damages, personal injuries (including but not limited to death), or liability (including reasonable
attorney's fees), directly or indirectly arising from the negligent acts, errors, omissions, intentional
or otherwise, arising out of or resulting from Vendor's performance of any Services provided
I Re MITI= cation yrovi
to provide for such defense, at the option of the City, as the case may be, of any and all claims
liability and all suits and actions of every name and description that may be brought against t
hi
City or its employees, officers and attorneys which may result from the Services under t �]
Agreement whether the Services be perfon-ned by the Vendor or anyone directly or indirectly
employed by them. In all events, the City shall be permitted to choose legal counsel of its sole
choice, the fees for which shall be reasonable and subject to and included with this indemnification
6.5 Standard of Care. In performing its Services hereunder, the Vendor shall use that
degree of care and skill ordinarily exercised, under similar circumstances by reputable persons
"FIRROM
ARTICLE 7
TERMINATION OF THE CONTRACI
7.1 Termination by City. The City Council may terminate this Agreement with five
(5) days written notice to Vendor. Such termination shall be at, City Council's sole discretion.
7.2 Termination for Cause by Vendor acknowledges and agrees that if, through
any cause, the Vendor fails to fulfill in a timely and proper manner its obligations under this
Agreement, or if the Vendor shall violate any of the provisions of this Agreement, the City
Manager or City Manager's designee may upon written notice to the Vendor, terminate the right
of the Vendor to proceed under this Agreement, or with such part or parts of the Agreement as to
which there has been default, and may hold the Vendor liable for any damages caused to the City
by reason of such default and termination.. In the event of such termination, the Vendor shall not
be relieved of liability to the City for damages sustained by the City by reason of any breach of
this Agreement by the vendor.
7.3 Termination by Vendor. With at least five (5) days written notice to the City,
Vendor may terminate this Agreement if the City fails to comply with the terms and conditions of
this Agreement,
7.4 Termination by Consent. This Agreement may be terminated by the mutual
written consent of both parties at any time, and without penalty.
7.5 Upon Termination. Upon termination of this Agreement, Vendor shall be entitled
to no additional compensation. Upon notice of termination, the Vendor shall cease all Services
being provided hereunder.
7.6 Waiver. Failure of the City to insist upon performance within any time period or
upon a proper level or quality of performance shall not act as a. waiver of the City's right to later
claim a failure to perform on the part of the Vendor.
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ARTICLE 8
TERM OF AGREEMENJ
8.1 Term. The terra of this Agreement shall commence on the Effective Date of this
Agreement statedonpage I and end on November P', 2015, unless extended by mutual written
agreement of the parties. The above term is considered as a provisional term.
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9.1 Conflicts. In the event that a conflict arises as to the contents of Exhibit "A" and
the Agreement, the Agreement shall govern.
[Signature page to follow]
IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed as
of the date first written above.
--- ---------------- -- -
L
ATTEST -
Title:
STATE OF FLORIDA
CITY OF CAPE CANAVERAL, FLORIDA
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David L. Greene, City Manager
Date: —1�
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Print Name: e�.// A
Date:
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............. . . .
The foregoing instrument was acknowledged before me this day of/Vka, 20_47,'
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by
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who iS personally known or ..produced identification for (-Z
ANGELA M. APP ERSON
MY COMMISSION # FF 095122
EXPIRES: April 13, 2018
Bonded Thru NoMy Public Undenwrkars
Nota r�PublicSignatu�
Typed or Printed Notary Name:
Exhibit "A"
To MA EC, LLC
City of Cape Canaveral
REQUESTFOR PROPOSAL
COMMERCIAL BEACH MOBILE CART VENDING SERVICE
OPERATION FRANCHISE
FOOD AND NON-ALCOHOLIC BEVERAGES
INTRODUCTION: The City of Cape Canaveral ("City") is located on a barrier island along the
Atlantic Ocean approximately midpoint between Miami and Jacksonville and is slightly over 50
miles east of Orlando. This 1.9 square -mile beach and coastal community is bounded on the west
by the Banana River Aquatic Preserve, on the north by Port Canaveral, on the east by the
Atlantic Ocean, and on the south by the City of Cocoa Beach. This location also means that the
community is an integral part, of the retirement -resort -vacation -recreation complex of the central
beaches area of Brevard County.
PURPOSE: The City is seeking proposals from qualified firms or individuals ("Proposers" or
"Vendors") to operate a Commercial Beach Mobile Cart Vending Service Operation Franchise
for the City's Leisure Services Department in accordance with the teens, conditions and
specifications contained in this Request for Proposal ("RFP").
APPLICATION: The City MAY enter into a Franchise Agreement granting the right and
privilege to use the sand beach areas within the City's jurisdictional boundaries to solicit and
canvass for the sale of food and non-alcoholic beverages. Said Franchise Agreement shall be for
the purpose of a Vendor operating a Commercial Beach Mobile Cart Vending Service Operation
Franchise business in the City in conforinity with, and subject to, all provisions, terms and
conditions of this RFP and City Code. A Vendor's right to use the City's beaches for the
franchise purposes stated herein shall not be exclusive and the City reserves the absolute right to
grant or deny the use of its beaches to any person at any time during the period of any franchise
awarded.
RFP DUE DATE: Proposers must submit an identified "original copy"'plus three (3) copies 'A%
the proposal. (including any attachments) no later than Monday, April 2, 2015 at 3:00 p.m. to
City Clerk's Office located at 105 Polk Avenue, Cape Canaveral, Florida 32920. The proposr.
shall be in a sealed envelope clearly marked "Commercial Beach Mobile Cart Vendin
Service Operation Franchise, Food and Non -Alcoholic Beverages — RFP #2015-01". T
official time shall be that marked by the City Clerk's Office. Only paper submittals shall be
accepted. Electronic or fax submittals shall not be accepted. Any proposals received after the
above time will not be considered.. The City accepts no liability for delivery errors.
RFP SCHEDULE: The proposed RFP schedule is as follows:
Release RFP March 13, 2015
Last date for receipt of written questions March 27, 2015
Proposal due date April 2, 2015 (prior to 3:00 pm)
Selection Committee review and ranking deadline April 9, 2015
Intended date for contract award April 21, 2015*
*Dates indicated are tentative and may be changed by the City.
QUALIFICATIONS/INSPECTION: Proposals shall only be considered from Proposers
normally engaged in providing the types of services specified herein. The City reserves the right
to inspect each Proposer's facilities, equipment, personnel and organization at any time, or to
take any other action necessary to determine the Proposer's ability to perform. The City reserves
the absolute right to reject proposals in its sole discretion where evidence or evaluation is
determined to indicate the inability of proposers to perform the required tasks.
Any principal and all persons conducting beach vending activities on City beaches shall be
subject to a background check at owner's expense. The City may refuse to award a franchise or
may terminate an existing franchise in the event any principal or any person conducting beach
vending activities on City beaches has been convicted of a felony within the past five (5) years.
LICENSES/PERMITS/INSURANCE REQUIREMENTS: The selected Vendor shall obtain
and provide proof of all pertinent licenses, pen -nits and insurance required to conduct business as
a Vendor in the City. Insurance coverage is to remain in force at all times during the contract
period. The City is to be named as "additional insured" with relation to general liability
insurance.
PROHIBITION OF INTEREST: No contract shall be awarded to a Proposer having an
affiliation with City elected officials, officers or employees unless the Proposer has fully
disclosed such affiliation and complied with current Florida State Statutes and related City
ordinances. Proposers must disclose any such affiliation during the selection process. Failure to
disclose any such affiliation shall result in disqualification of the Proposer and removal from the
City's approved vendor list and prohibition from engaging in any business with the City.
RFP DOCUMENTS: All Proposers shall examine this RFP carefully. Failure to adequately
review the requirements shall not relieve a successful Proposer from liability and obligation
under any contract.
CONTRACT: The initial contract term shall commence upon date of award by the City and
shall expire three years from that date, The City reserves the right to extend the contract for
additional, one (1) year terms providing all tenTis, conditions and specifications remain the same,
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both parties agree to the extension and such extension is approved by the City, Vendor agrees
and understands that the contract shall not be construed as an exclusive arrangernent and further
agrees that the City may, at any time, Secure similar or identical services at its sole option. A
proposed Vendor Agreement is included as Attachment #1.
NEWS RELEASES/PUBLI CITY: News releases, publicity releases or advertisements relating
to any contract shall not be made without prior City approval.
PROPOSER'S COSTS: The City shall not be liable for any costs incurred by proposers in
responding to this RFP.
RULES AND PROPOSALS: The signer of the proposal must declare that the only person(s),
company or parties interested in the proposal as principals are named therein; that the proposal is
made without collusion with any other person(s), company or parties submitting a proposal; that
it is in all respects fair and in good faith, without collusion or fraud; and that the signer of the
proposal has full authority to bind the principal Proposer. The City reserves the right to reject
any or all proposals, waive minor infionrialities or award to/negotiate with firms whose
submittals best serve the interests of the City.
DAYS AND HOURS OF OPERATION: Beach vending by the selected Vendor shall only be
authorized between the hours of 10:00 a.m. -- 5:00 p.m. daily including weekends and holidays.
The successful Vendor shall have the proprietary operational rights of the beach seven (7) days
per week.
The selected Vendor shall have the right to make written application to the Leisure Services
Department Director for a change in the hours of operation which, upon the approval, shall
become the temporary hours of operation. The City reserves the right to revoke the Contract if
the selected Vendor does not adhere to the schedule of operations.
1. All City, County and State laws and regulations relating to the operational use of the
City's beachfront areas shall be adhered to by the Vendor, his/her representatives and
employees.
2. The Vendor shall conduct his/her operation and provide contracted services in such a
manner as to maintain reasonable quiet and minimize disturbance to the general public
and shall adhere to all requirements of City Code including, but not limited to, Chapter
54 and City Ordinance No. 142010.
3. The security for all property, equipment and supplies owned and provided by the Vendor
shall remain the responsibility of the Vendor. Costs relating to the repair or replacement
of such items, stolen, lost or damaged shall be at the sole cost and expense of the
Vendor.
4, The Vendor shall be responsible for all damage to City property or the City beachfront
caused by the Vendor or his/her employees or agents. Any such damage shall be
corrected at the sole cost and expense of the Vendor.
ZMIUM
Exhibit "A"
To MAGEC, LLC
5. The Vendor shall provide a list of all proposed items and unit prices and shall not sell
anything other than that which he/she is licensed to vend,
6. The Vendor shall not leave any location without first picking up, removing and
disposing of all trash, materials or refuse remaining from sales made by him/her or the
conduct of his/her operation.
7. The Vendor's cart shall not be left unattended at any time — there shall be no overnight
storage of any type on the beach. In addition, commercial beach vending shall be
prohibited within the following areas:
a. Within conservation areas, dunes or other protected zones.
b. Within beach parking areas.
c. Within pedestrian beach approaches.
d. Within 25 feet of any lifeguard tower or facility.
SEA TURTLES: The Vendor must understand that marine turtle nesting activity may be
ongoing between the period of March I and October 31, or as determined by the State of Florida
and its departments/agencies each year. It is the responsibility of the Vendor to abide by any
order issued by the State of Florida and/or cooperate with Brevard County to ensure that nesting
surveys may be conducted in accordance with the conditions set forth by the State. If the Vendor
or his/her staff sees someone harassing a sea turtle or poaching a nest, the Vendor shall
immediately call the Florida Fish and Wildlife Conservation Commission at 1-888-404-3922.
DESCRIPTION OF SERVICES: The proposer shall provide the City with a detailed description
of the scope of his/her proposed beach vending operation including, but not limited to, a
description of the food and beverages to be sold; an operations schedule including proposed days
of services to provide vending services; number and description of carts or other apparatus used
to store or transport merchandise; and the proposed price of all merchandise.
FRANCHISE FEES: A per cart franchise fee of $500 shall be payable by the operator to the
City upon the contract execution and annually each year thereafter, including but not limited to
renewal years, if applicable.
CART STRUCTURE: Carts shall be equipped with at least two wheels and designed for easy
movement, but shall not be motorized or propelled in any manner other than by the walking
motion of the Vendor personnel, with exception that a handicapped person may use other
appropriate means of movement. The cart shall not have attached to it any bell, siren, horn, radio,
amplified music system, loudspeaker or any similar device to attract attention. Any activity that
disturbs the public is prohibited. The Vendor shall not use any sign or advertising except for the
posting of prices, the names of the products and the name of the vending operation. Freestanding
signs of any kind are not permitted. Each cart shall be enclosed on all sides and covered with an
appropriate material to prevent exposure of the food or food product to wind, dust, sand, insects
or the elements, and shall meet such other regulations as may be required by the Brevard County
Health Department and State of Florida.
SECURITY: Security of the cart(s) shall be the responsibility of the Vendor, Cart(s) must be
removed in the event of weather related danger (i.e., hurricane watch or warning) or at any other
time the City determines the need for removal,
SERVICE TEST PERIOD: If the Vendor has not previously performed services for the City,
the City reserves the right to require a test period to determine if the Vendor can perforrn in
accordance with the requirements of the contract, and to the City's satisfaction. Such test period
can be from thirty (30) to ninety (90) days, and shall be conducted under all specifications, terms
and conditions contained in the contract.
VENDOR PERFORMANCE REVIEWS AND RATINGS: The City shall develop a Vendor
perforinance evaluation report, This report shall be used to periodically review and rate the
Vendor's performance under the contract with perfon-nance ratings as follows:
Excellent
Far exceeds requirements.
Good
Exceeds requirements.
Fair
Just meets requirements,
Poor
Does not meet all requirements and Vendor is subject to possible
ten-nination.
Noncompliance
Either continued poor performance after notice or a performance
level that does not meet a significant portion of the requirements.
This rating makes the Vendor subject to the default or cancellation
for cause provisions of the contract.
The report shall also list all discrepancies found during the review period. The Vendor shall be
provided with a copy of the report, and may respond in writing if he/she takes exception to it or
wishes to comment. Vendor reviews and subsequent reports shall be used in determining the
suitability of contract extension.
ADMINISTRATIVE SERVICES. Personnel services provided by the Vendor shall be by
employees of the Vendor and subject to supervision by the Vendor, and not as officers,
employees or agents of the City. Personnel policies, tax responsibilities, social security, health
insurance, employee benefits, purchasing policies and other similar administrative procedures
applicable to services rendered under any contract shall be those of the Vendor, The Vendor
must also maintain a Drug -Free Workplace Program. The City's program requirements are
included on Attachment #2; this form. must be included with each proposal.
SUBCONTRACTORS: Subcontractors shall not be pen-nitted under this contract.
DAMAGE TO PUBLIC OR PRIVATE PROPERTY: Damage to public and/or private
property as a result of Vendor operations shall be the responsibility of the Vendor and shall be
repaired and/or replaced at no additional cost to the City.
INSURANCE:
1, Insurance Requirements: Upon award, the Vendor shall be required to obtain and
furnish to the City, prior to the contract being effective, Certificates of Insurance
approved by the City. All insurance policies shall be with insurers with an acceptable
rating, registered and licensed to do business in the State of Florida, The Vendor shall be
RE30M
required to name the City as an additional named insured with the following minimum
coverages:
a. Workers' Compensation: Is required in accordance with the applicable provisions
of Florida Law.
b. Comprehensive General Liability Insurance: Shall be maintained by the Vendor
with. minimum limits not less than the following:
$1,000,000 Bodily Injury and Property Damage — each occurrence
$1,000,000 Personal and Advertising Injury -- each occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregated Limit
$ 5,000 Medical Payment
$ 100,000 Fire Damage Legal Liability
Coverage shall include contractual liability and Vendor's liability
c. Automobile Liability Insurance: Shall be maintained by the Vendor with
combined single limit of not less than $1,000,000 bodily injury and property dama
in accordance with the laws of the State of Florida, as to the ownership, maintenan
and use of all owned, non -owned, ]eased or hired vehicles. I
PROPOSAL: The following shall be fully addressed in the Proposal:
1. Statement of Qualifications:
Provide a Statement of Understanding of the critical issues and opportunities associated
with the proposed services and how the Proposer is uniquely qualified to assist the City
in this effort.
2. Preliminary Scope of Services:
Provide an outline detailing the approach and concept of the vending service and a
proposed scope of services to demonstrate an -understanding of the service.
3. Operation: Schedule:
Provide an operations schedule including proposed days of services to provide vending
4. Cart Avricarance:
Provide a color photograph that includes cart specifications.
5. Uniform:
Provide a color photograph of the Vendor's unifon-n.
6. Products and Services Offered:
Provide a list of all proposed items to be sold and unit prices.
E2x�ence:
State and document the number of years of experience the Proposer has had in providing
similar services. I,ist clients for whose services have been provided in the last three
years. Provide client names, addresses, telephone numbers, client contacts, e-mail
addresses and dates that the services were provided..
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8. EEMPloyees:
Provide proof that the business has sufficient employees to provide coverage at the he onset
of the contract. List those persons who may have a management position working with.
the City - list the names, titles or positions and the project duties.
9. Permits/Licenses:
Provide copies of all County, State and City permits and licenses.
10. PEgg-Frcc Workplace Pfr9ffam:
Execute and include the appropriate forin, see attachment #2.
CONSIDERATION FOR AWARD/AWARD PROCEDURES: The award of the contract shall be
based on certain objectives and subjective considerations, and shall be based upon an evaluation point
system as follows:
Hours of operation: 0 to 15 points
Products and set -vices offered for sale: 0 to 20 points
Concession experience/business references: 0 to 25 points
Cart appearance: 0 to 15 points
Vendor uniform appearance: 0 to 10 points
Licenses/permits and. executed Drug -Free Workplace Program Form: 0 to 15 points
The evaluation of proposals shall be conducted by a Selection Committee of City Staf. The
Committee shall score and rank all responsive proposals and determine a minimum of three (3)
Proposers to be finalists for further consideration. In the event there are less than three (3)
responsive proposals, the Committee shall give further consideration to all responsive proposals
received. If necessary, the Committee shall then conduct interviews, for clarification purposes
only, with the finalists and re -score the proposals. The Committee shall then make a
recommendation to the Cape Canaveral City Council for award.
Proposers or finalists may be required to provide an oral presentation by appearing before the
Selection Committee. The City may also require additional information and Proposers shall
agree to furnish such infori-riation. The City reserves the absolute right in its sole discretion to
award the contract to the Vendor who shall best serve the interests of the City, The City reserves
the right, based upon its deliberations and in its opinion, to accept or reject any or all proposals.
The City also reserves the right to waive minor irregularities or variations to the specifications
and in the proposal process.
Acceptance and Rejection: The City reserves the absolute night to accept or reject any and all
Proposals and to accept the Proposal which best serves the interests of the City of Cape
Canaveral, The City may award sections individually or collectively, whichever is in its best
interest, unless the Vendor only intends to propose for the contract in its entirety.
Conflict: In the event that a conflict arises as to the contents of the RFP and the Agreement, the
Agreement shall govern.
Economy of Preparation- The Proposals should provide a straightforward, concise description
of the Vendor's ability to fulfill the requirements of the Proposal.
Indemnification and Hold Harmless: By submitting a response docurnent signed by an
authorized agent of the Vendor, the Vendor acknowledges and accepts the terms and conditions
of the following indemnification statement in the event of award:
"For all Services perfon-ned pursuant to this Agreement, the
Vendor agrees to the fullest extent permitted by law, to indemnify
and hold harmless the City and its employees, officers, and
attorneys from and against all claims, losses, damages, personal
injuries (including but not limited to death), or liability (including
reasonable attorney's fees), directly or indirectly arising from the
negligent acts, errors, omissions, intentional or otherwise, arising
out of or resulting from Vendor's performance of any Services
provided pursuant to this Agreement.
The indemnification provided above shall obligate the Vendor to
defend at his/her own expense or to provide for such defense, at
the option of the City, as the case may be, of any and all claims of
liability and all suits and actions of every name and description
that may be brought against the City or its employees, officers and
attorneys which may result from the Services under this
Agreement whether the Services be performed by the Vendor or
anyone directly or indirectly employed by them. In all events, the
City shall be pen-nitted to choose legal counsel of its sole choice,
the fees for which shall be reasonable and subject to and included
with this indemnification provided herein. This paragraph shall
survive termination of this Agreement."
Informalities: The City of Cape Canaveral reserves the absolute right to both waive ally minor
informality in Proposals and to determine, in its sole discretion, whether or not the informality is
minor.
Information- Vendors are to furnish all information requested. Failure to do so may be cause
for rejection.
Interpretations: Any questions concerning conditions and specifications shall be directed to the
Leisure Services Director at 321-868-1226 or g.vergara(&cityofcapecanaveral.org.
Interpretations that may affect the eventual outcome of this Proposal will be furnished in writing
to all prospective Vendors. No interpretations shall be considered binding unless provided in
writing by the City of Cape Canaveral,
Non -Discrimination: The successful Vendor will comply with all federal and state requirements
concerning fair employment and will not discriminate by reason of race, color, age, religion, sex,
national origin or physical handicap,
Patents and Copyrights.- The Vendor will agree to hold harmless the City of Cape Canaveral,
its officers, agents, employees, and attorneys from liability from any kind, including costs and
expenses, with respect to any claim, action., cost or judgment for patent or copyright
infringement.
Public Records: In accordance with section 119.070 1, Florida Statutes, Contractor agrees that
all documents, transactions, writings, papers, letters, tapes, photographs, sound recordings, data
processing software, or other material, regardless of the physical form, characteristics, or means
of transmission, made or received pursuant to this agreement or in connection with any funds
provided by the City pursuant to this Agreement may be considered public records pursuant to
Chapter 119, Florida Statutes, Contractor agrees to keep and maintain any and all public records
that ordinarily and necessarily would be required by the City in order to perform the services
required by this Agreement, Contractor also agrees to provide the public with access to public
records on the same terms and conditions that the City would provide the records and at a cost
that does not exceed the cost provided by Chapter 119, Florida Statutes or as otherwise provided
by law, Contractor shall also ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized by
law. In addition, Contractor shall meet all requirements for retaining public records and transfer,
at no cost, to the City all public records in possession of the Contractor upon termination of this
Agreement and destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. All records stored electronically must be provided
to the City in a format that is compatible with the information technology systems of the City. If
Contractor does not comply with a public records request, the City shall have the right to enforce
the provisions of this Paragraph. In the event that Contractor fails to comply with the provisions
of this Paragraph, and the City is required to enforce the provisions of this Paragraph, or the City
suffers a third party award of attorney's tees and/or damages for violating the provisions of
Chapter 119, Florida Statutes due to Contractor's failure to comply with the provisions of this
Paragraph, the City shall be entitled to collect from Contractor prevailing party attorney's fees
and costs, and any damages incurred by the City, for enforcing this Paragraph against Contractor.
And, if applicable, the City shall also be entitled to reimbursement of any and all attorney's fees
and damages which the City was required to pay a third party because of Contractor's failure to
comply with the provisions of this Paragraph. This Paragraph shall survive the termination of
this Agreement.
Time for Considerations: Proposals will be irrevocable after the time and date set for the
opening of Proposals and for a period of ninety (90) days thereafter.
Trade Secrets: Proposers should not send trade secrets. If, however, trade secrets are claimed
by a Proposer, they will not be considered as trade secrets until the City is presented with the
alleged secrets, together with proof, that they are legally trade secrets. The City will then
determine whether it agrees and consents that they are in fact trade secrets. If a Proposer fails to
submit a claim of trade secrets to the City before obtaining the City's agreement, any
subsequently claimed trade secrets will be treated as public records and will. be provided to any
person or entity making a public records request for the infori-nation.
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VENDOR ACRE MENT
THIS AGREEMENT is made this —__ day of 2_ (1-1feetive
Date"), by and between the CITY OF CAPE CANAVERAL, FLORIDA, a Florida municipal
corporation, whose address is 105 Polk Avenue, Cape Canaveral, Florida, 32920 ("City"), and
whose address is
Florida ("Vendor")
WHEREAS, the Vendor desires to offer
("Services") for the benefit of the public using the sand beach areas within the City's
jurisdictional boundaries; and
WHEREAS, the City desires to allow the Vendor to offer such Services to the public
under the teras and conditions set forth in this Agreement.
IN CONSIDERATION of the mutual covenants and provisions hereof, and other good,
diverse and valuable considerations, the receipt and sufficiency all or which is hereby
acknowledged, the panties desiring to be legally bound do hereby agree as follows:
ARTICLE 1
GENERAL PROVISIONS
1.1 Engagement. The City hereby engages the Vendor for the stated fee arrangement
and the Vendor agrees to perforra the Services outlined in the Request for Proposal, attached
hereto as EXHIBIT "A", which is fully incorporated herein by this reference, No prior or
present agreements or representations shall be binding upon any of the parties hereto unless
incorporated in this Agreement.
1.2 Due Dilip-ence. The Vendor acknowledges that he/she has conducted an
investigation prior to execution of this Agreement and satisfied himself/herself as to the
conditions affecting the Services, the availability of materials and labor, the cost thereof, the
requirements to obtain necessary insurance as set forth herein, and the steps necessary to
complete the Services herein. The Vendor warrants unto the City that he/she has the competence
and abilities to carefully and faithfully complete the Services set forth herein. The Vendor shall
perform the Services with due and reasonable diligence consistent with sound professional
practices.
1.3 Consultants Competitive Nep-otiation Act Services. The Vendor warrants unto
the City that the services being performed pursuant to this Agreement do not constitute
professional services as defined by Section 287,055(2) (a), Florida Statutes.
ARTICLE 2
PAYMENT TERMS
2.1 Pavment Terms. Annual payment of $500 per cart is due upon contract execution and at
each annual renewal period thereafter. Franchise fee payments shall be sent to the parties at the
following address:
City of Cape Canaveral
Leisure Services Director
P.O. Box 326
Cape Canaveral, Fl. 32920
ARTICLE 3
VVICA
3.1 Provision of Services is a Private Undertaking, With regard to any and all
Services performed hereunder, it is specifically understood and agreed to by and between the
parties hereto that the contractual relationship between the City and the Vendor is such that the
Vendor is not an agent of the City. Nothing in this Agreement shall be interpreted to establish
any relationship other than that of an independent contractor between the City and the Vendor
during or after the perfon-nonce ofthe Services under this Agreement.
3.2 Warranty of Services. The Vendor hereby warrants unto the City that be/she has
sufficient experience to properly complete the Services specified herein or as may be perfort-ned
pursuant to this Agreement. The Vendor shall comply with all laws, ordinances, rules and
regulations in the performance of the Services. The Vendor shall pay all taxes, fees and license
fees required by law, including but not limited to Local. Business "Fax Receipts and withholding
taxes and assume all costs incident to the Services, except as provided herein.
ARTICLE 4
4.1 Assignment and Subcontracting. Unless otherwise specifically required by this
Agreement, the Vendor shall not assign, sublet or transfer any rights or Services under or interest
in (including, but without limitations, moneys that may become due) this Agreement without the
written consent of the City, except to the extent that any assignment, sublet, or transfer is
mandated by law or the effect of this limitation may be restricted by law. Unless specifically
stated to the contrary in any written consent to any assignment, no assignment shall release or
discharge the assignor from any duty or responsibility under this Agreement. Further, the
Vendor shall not subcontract any portion or all of the Services without the written consent of the
City. Nothing under this Agreement shall be construed to give any rights or benefits in this
Agreement to anyone other than the City and the Vendor, and all duties and responsibilities
undertaken pursuant to this Agreement shall be for the sole and exclusive benefit of the City and
the Vendor and not for the benefit of any other party.
ARTICLE 5
4&L. U-411
5.1 (move ire Law, Venue, This Contract shall be governed by the law of the State
of Florida. Venue of all disputes shall be properly placed in Brevard County, Florida, The
parties agree that the Agreement was consummated in Brevard County, and the site of the
Services is Brevard County. If any dispute concerning this Contract arises under federal law, the
venue shall be Orlando, Florida.
5.2 Notices, All notices, demands, requests, instructions, approvals, and claims shall
be in writing. All notices of any type hereunder shall be given by U,S. mail or by hand delivery
to an individual authorized to receive mail for the below listed individuals, all to the following
individuals at the following locations:
TO THE CITY:
David L. Greene
City Manager
City of Cape Canaveral
P.O. Box 326 (105 Polk Avenue)
Cape Canaveral, FL 32920
(321) 868-1220 (Phone)
(321) 868-1248 (Fax)
FffiflF969112NNUM
Telephone:
Fax:
Notice shall be deemed to have been given and received on the date the notice is physically
received if given by hand delivery, or if notice is given by first class U.S. Mail, then notice shall
be deemed to have been given upon the date said notice was deposited in the U.S. Mail
addressed in the manner set forth above. Any party hereto by giving notice in the manner set
forth herein may unilaterally change the name of the person to whom notice is to be given or the
address at which notice is to be received.
5.3 Public Record. in accordance with section 119.0701, Florida Statutes,
Contractor agrees that all documents, transactions, writings, papers, letters, tapes, photographs,
sound recordings, data processing software, or other material, regardless of the physical form,
characteristics, or means of transmission, made or received pursuant to this agreement or in
connection with any funds provided by the City pursuant to this Agreement may be considered
public records pursuant to Chapter 119, Florida. Statutes. Contractor agrees to keep and maintain
any and all public records that ordinarily and necessarily would be required by the City in order
to perforin the services required by this Agreement. Contractor also agrees to provide the public
with access to public records on the same terms and conditions that the City would provide the
records and at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes or
as otherwise provided by law. Contractor shall also ensure that public records that are exempt or
confidential and exempt from public records disclosure requirernents are not disclosed except as
authorized by law. In addition, Contractor shall meet all requirements for retaining public
records and transfer, at no cost, to the City all public records in possession of the Contractor
upon termination of this Agreement and destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. All records stored
electronically must be provided to the City in a format that is compatible with the information
technology systems of the City. If Contractor does not comply with a public records request, the
City shall have the right to enforce the provisions of this Paragraph. In. the event that Contractor
fails to comply with the provisions of this Paragraph, and the City is required to enforce the
provisions of this Paragraph, or the City suffers a third party award of attorney's fees and/or
damages for violating the provisions of Chapter 119, Florida Statutes due to Contractor's failure
to comply with the provisions of this Paragraph, the City shall be entitled to collect from
Contractor prevailing party attorney's fees and costs, and any damages incurred by the City, for
enforcing this Paragraph against Contractor. And, if applicable, the City shall also be entitled to
reimbursement of any and all attorney's fees and damages which the City was required to pay a
third party because of Contractor's failure to comply with the provisions of this Paragraph. This
Paragraph shall survive the termination of this Agreement.
5.4 Aniendment of Agreement. Modifications or changes in this Agreement must
be in writing and executed by the parties bound to this Agreement.
5.5 Severability. If a word, sentence or paragraph herein shall be declared illegal,
unenforceable or unconstitutional, the said word, sentence or paragraph shall be severed from
this Contract, and this Contract shall be read as if said illegal, unenforceable or unconstitutional
word, sentence or paragraph did not exist.
5.6 Attornev's Fees. Should any litigation arise concerning this Agreement between
the parties hereto, the parties agree to bear their own costs and attorney's fees.
5.7 Entire A reement. This Agreement represents the entire and integrated
Agreement between the parties and supersedes all prior negotiations, representations or
Agreements, either oral or written, and all such matters shall be deemed merged into this
Agreement.
5.8 Sovereian Immunitv. Notwithstanding any other provision set forth in this
Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's
right to sovereign immunity under Section 768.28, Florida Statutes or other limitations imposed
on the City's potential liability under state or federal law. As such, Vendor agrees that the City
shall not be liable under this Agreement for punitive damages or interest for the period before
judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to
any one person for more than two hundred thousand dollars ($200,000.00), or any claim or
judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the
State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the
sum of three hundred thousand dollars ($300,000.00).
ARTICLE 6
PROTECTION OF PERSONS AND PROPERTY; INSURANCE
6.1 Workers' Compensation. Upon the effective date of this Agreement, Vendor
shall provide proof of workers' compensation insurance in the minimum amount required by law
(if required).
6.2 General Liability. Insurance Requirements: Upon award, the Vendor shall be
required to obtain and furnish to the City, prior to the contract being effective, Certificates of
Insurance approved by the City. All insurance policies shall be with insurers with an acceptable
rating, registered and licensed to do business in the State of Florida. The Vendor shall be
required to name the City as an additional named insured with the following minimum
coverages:
a. Workers' Compensation: Upon the effective date of this agreement, Vendor shall
provide proof of workers' compensation insurance in the minimum amount required by
law (if required).
b. Comprehensive General Liability Insurance: Shall be maintained by the Vendor
with minimum limits not less than the following:
$1,000,000 Bodily Injury and Property Damage— each occurrence
$1,000,000 Personal and Advertising Injury— each occurrence
$2,000,000 General Aggregate
$2,000,000 Product s/Co mpl eted Operations Aggregated Limit
$ 5,000 Medical Payment
$ 100,000 Fire Damage Legal Liability
Coverage shall include contractual liability and Vendor's liability.
c. Automobile Liability Insurance: Shall be maintained by the Vendor with a combined
single limit of not less than $1,000,000 bodily injury and property damage in accordance
with the laws of the State of Florida, as to the ownership, maintenance and use of all
owned, non -owned, leased or hired vehicles.
6.3 Reguirements. This paragraph shall be applicable to Sections 6.1 and 6.2. The
insurance required by this Article shall include the liability and coverage provided herein, or as
required by law, whichever requirements afford greater coverage. All of the policies of
insurance so required to be purchased and maintained for the certificates (or other evidence
thereof) shall contain a provision or endorsement that the coverage afforded shall not be
canceled, materially changed or renewal refused until at least thirty (30) days prior written notice
has been given to the City and the Vendor by certified mail, return receipt requested. All such
insurance shall remain in effect until final payment. Unless agreed to by the City to the contrary,
the City shall be named on the foregoing insurance policies as "additional insured". The Vendor
shall cause its insurance carriers to furnish insurance certificates specifying the types and
amounts of coverage in effect pursuant hereto, the expiration dates of such policies, and a
statement that no insurance under such policies shall be canceled without thirty (30) days prior
written notice to the City in compliance with other provisions of this Agreement. For all
Services performed pursuant to this Agreement, the Vendor shall continuously maintain such
insurance as required by Sections 6.1, 6.2, and 6.3. In the event Vendor fails to maintain said
insurance, City, at its option, may elect to terminate this Agreement by written notice to Vendor.
6.4 Indemnification and Hold Harmless. For all Services performed pursuant to
this Agreement, the Vendor agrees to the fullest extent pen -pitted by law, to indemnify and hold
han-nless the City and its employees, officers, and attorneys from and against all claims, losses,
damages, personal injuries (including but not limited to death), or liability (including reasonable
attorney's -fees), directly or indirectly arising from the negligent acts, errors, omissions,
intentional or otherwise, arising out of or resulting from Vendor's perfori-nance of any Services
provided pursuant to this Agreement.
The indemnification provided above shall obligate the Vendor to defend at his/her own expense
or to provide for such defense, at the option of the City, as the case may be, of" any and all claims
of liability and all suits and actions of every name and description that may be brought against
the City or its employees, officers and attorneys which may result from the Services under this
Agreement whether the Services be performed by the Vendor or anyone directly or indirectly
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employed by them. in all events, the City shall be pennitted to choose legal counsel of its sole
choice, the fees for which shall be reasonable and subject to and included with this
indemnification provided herein. This paragraph 6.4 shall survive termination of this
Agreement,
6.5 Standard of Care. In performing its Services hereunder, the Vendor shall use
that degree of care and skill. ordinarily exercised, under similar circumstances by reputable
persons providing the same or similar services.
ARTICLE 7
TERMINATION OF THE CONTRACT
7.1 Termination by Ci_q, The City Council may terminate this Agreement with five
(5) days written notice to Vendor. Such ten nination shall be at City Council's sole discretion.
7.2 Termination for Cause by City. Vendor acknowledges and agrees that if,
through any cause, the Vendor fails to fulfill in a timely and proper manner its obligations under
this Agreement, or if the Vendor shall violate any of the provisions of this Agreement, the City
Manager or City Manager's designee may upon written notice to the Vendor, terminate the right
of the Vendor to proceed under this Agreement, or with such part or parts of the Agreement as to
which there has been default, and may hold the Vendor liable for any damages caused to the City
by reason of such default and termination. In the event of such ten-nination, the Vendor shall not
be relieved of liability to the City for damages sustained by the City by reason of any breach of
this Agreement by the vendor.
7.3 Termiination by Vendor. With at least five (5) days written notice to the City,
Vendor may terminate this Agreement if the City fails to comply with the terms and conditions
oaf this Agreement.
7.4 Termination by Consent. This Agreement may be terminated by the mutual
written consent of both parties at any time, and without penalty.
7.5 URon Termination. Upon termination of this Agreement, Vendor shall be
entitled to no additional compensation, Upon notice of termination, the Vendor shall cease all
Services being provided hereunder.
7.6 Waiver. Failure of the City to insist upon performance within any time period or
upon a proper level or quality of performance shall not act as a waiver of the City's right to later
claim a failure to perform on the part of the Vendor.
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8.1 Term, The tenn of` this Agreement shall commence on the Effective Date of this
Agreement and end on unless extended by mutual written agreement of the
parties.
ARTICLE 9
CONFLICTS
9.1 Conflicts. In the event that a conflict arises as to the contents of Exhibit "A" and
T
the Agreement, be Agreerrient shall govern.
[Signature page to follow]
IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed as
of the date first written above.
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CITY OF CAPE CANAVERAL, FLORIDA
David L. Greene, City Manager
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The foregoing instrument was acknowledged before me this day of 20.---,
by as for --------------
who is -- personally known or..- produced identification
(NOTARY SEAL) Notary Public Signature
Typed or Printed Notary Name:
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DRLJG-FREE WORKPLACE PROGRAM
To be considered for a Contract for this RFP, each Proposer must have a Drug -Free Workplace
Program in-place. In order to have a drug-free workplace program, a Proposer shall:
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing or possession of a controlled substance is prohibited in the workplace and
specifying the actions that shall be taken against employees for violations of such
prohibition.
1 Inform employees about the dangers of drug abuse in the workplace, the Proposer's
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation
and employee assistance prograrns, and the penalties that may be imposed upon
employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services a copy
of the statement specified in subsection (1) above.
4. In the statement specified in subsection (1) above, notify the employees that, as a
condition of working on the commodities or contractual services, the employee shall
abide by the terms of the statement and shall notify the employer of any conviction of, or
plea of" guilty or nolo contendere to, any violation of Chapter 893 or of any controlled
substance law of the United States or any state, for a violation occurring in the workplace
no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community, by any
employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this Proposer complies fully with the
above requirements.
Proposer Signature
Proposer Printed Name
A<700REXCER-rIFICATE
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certificate holder in Igoaa of such erndorsernent(s).
RKUCER CONrACT
David Baker c/o Baker Qrnsasrarnce and Bonds LLC, NAME:
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THIS IS TO CERTIFY THAT T1 --1E POLICIES OF INSURANCE LISTED BELOW HAVE: BEEN ISSUED T'O THE INSURED NAMED ABOVE FOR THE. POLICY PERIOD
INDICATED. NOTWTI I STANDING ANY Rh QUIREP_MEN"I", TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT" VVIT`H RESPECT TO WHICH TI -0S
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INSR Ar7C)L 51.1Rr3
POLICY EFF POLICY EX[
LT1Z TYPE OF INSURANCE YN%NR wvo POL.,IC'Y NUeMBER �MINIL7r11YYNY MEIDDfYYYWLIMITS
GENERAL L,IABII_I'G"Y GENFRAL. AY.-,GZE:.GATE E 2,000.006
X 4-0 MIOERCIAL GENE RAI_ UA81 L.ITY FIT, 11 C7 L1C'T;, - ccIPIR11oP Acis 0 2,000,00()
CLAIMS MADE � j( 7 .MIR F E RSONAL & ADV INJURY a 1,000000
4/3/201 b 4/k3/'2016
EACH OCCURRENCE ooa
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FIRE DAMAGE (Any one fire) E 300 000
GP4'1, AGGRF'GATF LIMIT APG7L.IE. PER: MET) EXP (Any one persor)i $ 6-000
' LCIM1A HINEG N;IIdGl..dr. L.I MIT
AUTCMl'OSILC' LIABILITY Loi.r:L.lr;<i�9en¢L_..____.....___._......__.._. E
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ANYAUTO E(:7CilE:Y IN,II.JR'Y (FRNr rRrirEorf)
At.L OWNE,rJ
AIC.S AURLS
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UMBREL.L.A LIAR carr "I"
FMC ESS LIAER _ CIAIMSIMADE AC C RFr ATE Y
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WORKERS COMPENSAI ION AfU. c'D7Fi
AND EMPY...OYEiRS" LIAL301_IT°Py / o.¢ Trrrel' LIMIT.C, E
ANY PROPRId TOFFf NINE RIY;..XY f'1J1hA ---- E1 IA('HAC,(ICFNT
y in NCH) EDISEASE CA EMPLOYEE S
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F_ .- UI E;A E POLI YLIMIT y
L71-, C�kIFT(CJN GF" OPLI'tAl ll,YIV `I Y7 mI0W
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MAXIMUM MEDICAL
DEDLiCI'IBLE
FRMS C)F I'AYMEN'1'
DESCRIPTION OF OPERATIONS 1 LOCATIONS r VEHICLES (Attach ACORu 101, Additional Remarks Schedtfle, if more space is required)
Covered Vendor .Dype: Food & Drink, C7er1.'ifca�te Holder Is nrarrnod as addRional iinslur'ed with respect to the ops R�abons of the Narned Insured.
CERTIFICATE FBO_"._.__.......__.......m..�....._______�__.,_..._.._.�..._...�.......�..�_.�.,.._�_,���..__..m_._._._�..�._�____._...�...._....�......�...�...,_.�._...�,.....�
I_DER CANCELLATION
THE CITY OF CAPE CANAVERAL DIVISION OF L.EQ SURE SHOULD ANY OF THE ABOVE DESCRIBED POLICIE=S BE CANCELLED BEFORE
SEI �/QC E THEEXPIRA"TION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITHTHE POLICY PROVISIONS
7300 N 0 RTF -I A"b LAN -i -IC; AVE
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AUTHORIZED REPRESENTATIVE
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(D 1988-2010 AfCORED CORPORATION. AR rights reserved.
ACORC,1 25 (2010105) The AACCDR D name and Qogo aro registered marks of ACO RD