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HomeMy WebLinkAbout24385AGREEMENT INFORMATION AGREEMENT NUMBER 24385 NAME/TYPE OF AGREEMENT RICKY AREPAS & HOTDOGS INC. DESCRIPTION AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT/GRAPELAND WATERPARK CONCESSION SERVICES RFP NO. 577381/FILE ID: 16-00580/R-16- 0248/MATTER ID: 23-1014 EFFECTIVE DATE May 1, 2023 ATTESTED BY TODD B. HANNON ATTESTED DATE 5/1/2023 DATE RECEIVED FROM ISSUING DEPT. 5/1/2023 NOTE DOCUSIGN AGREEMENT BY EMAIL DocuSign Envelope ID: 65F1 B8AA-36BD-4B2F-BD14-27D26F404066 CITY OF MIAMI DOCUMENT ROUTING FORM Department of Procurement ORIGINATING DEPARTMENT: DEPT. CONTACT PERSON: Aimee Gandarilla EXT. 1906 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: RICKY AREPAS AND HOTDOGS, INC. IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? I TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? r TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) YES NO ES ❑ NO ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT PURPOSE OF ITEM (BRIEF SUMMARY): PSA AMENDMENT NO. 2 WITH RICKY AREPAS AND HOTDOGS, INC. FOR GRAPELAND WATER PARK CONCESSION SERVICES RFP NO. 577381 COMMISSION APPROVAL DATE: 5/26/16 FILE ID: 5/26/2016 ENACTMENT NO.:16-0248 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN DIRECTOR OF PROCUREMENT/CHIEF PROCUREMENT OFFICER April 24, 2023 Annie Perez, CPPO 1 13:58:25 EDT SIGNATURECAee�ti-•-, RISK MANAGEMENT April 24, 2023 S: I 14 04� 56hEDTe SIGNATURE: r 6„ CITY ATTORNEY matter 23-1014 April 25, 2023 VI 10i4M:28 EDT o=,9��a n. SIGNATURE:�., ASSISTANT ASSISTANT CITY MANAGER, CHIEF FINANCIAL OFFICER April 28, 2023 Larry Spring, CPC — I 11:03:03 EDT SIGNATURE: — ASSISTANT CITY MANAGER, CHIEF OF OPERATIONS April 28, 202:; Natasha Colebrook -Williams I 11: 29: 29 EDT SIGNATURE: N.;. eRtl , tv.a:F,., DEPUTY CITY MANAGER Nzeribe Ihekwaba, Ph.D., PE SIGNATURE: MANAGER May 1, 2023 I 08:0t9: NOrD2ga V ACITY SIGNATURE• C� C CITY CLERK May 1, 2023 1 Todd Hannon 10:09:16 EDT SIGNATURE: °° t ___ PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER DocuSign Envelope ID: 65F1 B8AA-36BD-4B2F-BD14-27D26F404066 IAFI I{SPAT 1 I City of Miami Office of the City Attorney Legal Services Request To: Office of the City Attorney From: Eduardo Falcon Contact Person Procurement Contracting Manager Title 4/24/2023 Date: Procurement Requesting Client (305) 416-1901 Telephone Legal Service Requested: matter 23-1014 PSA AMENDMENT NO. 2 WITH RICKY AREPAS AND HOTDOGS, INC. FOR GRAPELAND WATER PARK CONCESSION SERVICES RFP NO. 577381 Complete form and forward to the Office of the City Attorney or e-mail to Legal Services. Do not assume that the Office of the City Attorney knows the background of the question and/or issue, such as opinions on the same or similar issues, the existence of relevant memos, correspondence, etc. Please attach to this form and/or e-mail all pertinent information relating to the subject. Once your request has been assigned, an e-mail will be sent to you with the Assigned Attorney's name and the issued matter identification number. All attorneys in the Office of the City Attorney shall fully comply with the Rules Regulating the Florida Bar. For Legal Services requesting an opinion from the Office of the City Attorney: nlssue opinion in writing. Publish opinion after issuance. Authorized by: Annie Perez Date response requested by: BELOW PORTION TO BE COMPLETED BY THE OFFICE OF THE CITY ATTORNEY Assigned Attorney: Date: File No. Approved by: Ultimate Client: Comments: D / R Date: Copy returned to Requesting Client Type: Matrix: Category: Copy to Ultimate Client rev. 04/14/2017 DocuSign Envelope ID: 65F1 B8AA-36BD-4B2F-BD14-27D26F404066 AMENDMENT NO. 2 TO THE REQUEST FOR PROPOSALS ("RFP") NO. 577381 PROFESSIONAL SERVICES AGREEMENT ("PSA") FOR GRAPELAND WATER PARK CONCESSION SERVICES BETWEEN THE CITY OF MIAMI AND RICKY AREPAS AND HOTDOGS, INC. This Amendment No. 2 ("Amendment") to the Request for Proposals ("RFP") No. 577381 Professional Services Agreement ("PSA") for Grapeland Water Park Concession Services dated, July 1, 2016 between the City of Miami, a municipal corporation of the State of Florida ("City"), and Ricky Arepas And Hotdogs, Inc., a Florida profit corporation ("Ricky Arepas"), is entered into this lst day of May , 2023. RECITALS WHEREAS, pursuant to Resolution No. 16-0248, the City entered into the PSA with Ricky Arepas for concession services at Grapeland Water Park ("Grapeland"); and WHEREAS, pursuant to Amendment No. 1, executed on March 8, 2022 revised the Minimum Annual Guarantee, and facility schedule; and WHEREAS, due to the COVID-19 Pandemic, the City declared a Force Majeure pursuant to PSA Section 21 for the period of March, 2020 through May 28, 2021, which was the day that Grapeland reopened; and WHEREAS, the City would like to extend this agreement for one (1) additional year due to the Force Majeure Section of the PSA; and WHEREAS, if Grapeland opens for thirty (30) or more days in the season, per exhibit A, the City will implement the 10% of Monthly Gross Receipts, calculated daily, and paid monthly; and WHEREAS, the provisions of Amendment No. 1 are still in full effect. NOW THEREFORE, for the considerations hereinafter as set forth, the Agreement made with Ricky Arepas, is hereby amended as follows: 1. In accordance with this Amendment, when properly executed, it shall acknowledge the above referenced modifications. DocuSign Envelope ID: 65F1 B8AA-36BD-4B2F-BD14-27D26F404066 2. Counterparts; Electronic Signatures. This Amendment may be executed in counterparts, each of which shall be an original as against either party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Amendment shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Amendment (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Amendment upon request. All other terms, covenants, and conditions of the PSA shall remain in full force and effect, except to the extent herein amended. 2 DocuSign Envelope ID: 65F1 B8AA-36BD-4B2F-BD14-27D26F404066 IN WITNESS WHEREOF, the Parties have executed this Amendment, or have caused the same to be executed, as of the date and year first above written. ATTEST: Title: (Corporate Seal) ATTEST: "Ricky Arepas" RICKY AREPAS AND HOTDOGS, INC., a Florida profit corporati i n Ricardo De La Hoz President MANCELQ LEUS Notary Public • State or Florida Commission # HH 249002 •.,, or M1,,., My Comm. Expires Jul 31, 2026 Bonded through National Notary Assn, DocuSigned by: "City" CITY OF MIAMI, a Florida municipal corporation gy By: (71.tl�w r6hty, Todd B. Hannon \ Arthur Noriega V City Clerk City Manager APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: ADS Qua-.L) By: � Victoria Mendez (Matter 23-1014) City Attorney By: r ",) Anne Marie Sharpe, Director Risk Management 3 DocuSign Envelope ID: 65F1 BBAA-36BD-4B2F-BD14-27D26F404066 COMPANY RESOLUTION (This Resolution needs to authorize the signatory to sign) WHEREAS, I16G1#0t1 AKPA S f 14071 S '�a FLo[ o, (company type: Inc., LLC.), desires to enter into an Agreement with the City of Miami for the purpose of performing the work described in the contract to which this resolution is attached; and WHEREAS, the It C Y AliPlActraer oard type; Board of Directors for Inc, Board of Managers for LLC.) at a duly held company meeting has considered the matter in accordance with the bylaws of the company; ��p NOW, THEREFORE, BE IT RESOLVED BY THE BOARD of Q4fsame as identified above) that this company is authorized to enter into the Agreement with the City, and the C Si 0 (company officer title) and the Lai AMOS If aer P co pa officer title) are hereby authorized and directed to execute the Agreement in the name of this Company and to execute any other document and perform any acts in connection therewith as may be required to accomplish its purpose. IN WITNESS WHEREOF, this vM34 day of L , 2023. { tl AXPAS tier fO4S 2-1Z. ("Contractor") An RU� By:)( (sign) Print Name:. o eLto --o.. , a TITLE: Pa.Z.VDElOT Print Name: (sign) (State) Company 4 DocuSign Envelope ID: 65F1 B8AA-36BD-4B2F-BD14-27D26F404066 EXHIBIT "A" Sample Schedule Friday June 9, 2023-Sunday August 13, 2023 10AM-4:45PM Total = 66 Days 5 DocuSign Envelope ID: 65F1 B8AA-36BD-4B2F-BD14-27D26F404066 AMENDMENT NO. 1 TO THE REQUEST FOR PROPOSALS ("RFP") NO. 577381 PROFESSIONAL SERVICES AGREEMENT ("PSA") FOR GRAPELAND WATER PARK CONCESSION SERVICES BETWEEN THE CITY OF MIAMI AND RICKY AREPAS AND HOTDOGS, INC. This Amendment No. 1 ("Amendment") to the Request for Proposals ("RFP") No. 577381 Professional Services Agreement ("PSA") for Grapeland Water Park Concession Services dated, July 1, 2016 between the City of Miami, a municipal corporation of the State of Florida ("City"), and Ricky Arepas And Hotdogs, Inc., a Florida profit corporation ("Ricky Arepas"), is entered into this 8t day of March , 2022. RECITALS WHEREAS, pursuant to Resolution No. 16-0248, the City entered into the PSA with Ricky Arepas for concession services at Grapeland Water Park ("Grapeland"); and WHEREAS, the City's Department of Parks and Recreation ("Parks") scaled back operations in Grapeland to weekends only; and WHEREAS, RFP Section 2.7 of the titled Minimum Annual Guarantee ("MAG") was set at no less than Twenty Four Thousand Dollars ($24,000.00) per year, and Ricky Arepas proposed Twenty Five Thousand Two Hundred Dollars ($25,200.00) per year; and WHEREAS, due to the COVID-19 Pandemic, the City declared a Force Majeure pursuant to PSA Section 21 for the period of March, 2020 through May 28, 2021, the day the Grapeland opened; and WHEREAS, the original number of days Grapeland was set to be opened has changed; and WHEREAS, the City has decided not to charge the MAG until June 1st 2022; and WHEREAS, the City has agreed to allow Ricky Arepas to decrease the MAG amount for the remainder of the contract and any extensions; and WHEREAS, for the months of June, July and August, if Grapeland is open on the weekends pursuant to Exhibit "A", Ricky Arepas will only pay a MAG of Two Thousand One Hundred Dollars ($2,100.00) per month; and DocuSign Envelope ID: 65F1 BBAA-36BD-4B2F-BD14-27D26F404066 WHEREAS, Ricky Arepas shall not have access to the facility in the offseason, without written permission from Parks, and shall provide a daily report and a weekly report of the gross daily receipts to Parks; and NOW THEREFORE, for the considerations hereinafter as set forth, the Agreement made with Ricky Arepas, is hereby amended as follows: 1. In accordance with this Amendment, when properly executed, it shall acknowledge the above referenced modifications. 2. Counterparts; Electronic Signatures. This Amendment may be executed in counterparts, each of which shall be an original as against either party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Amendment shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Amendment (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Amendment upon request. All other terms, covenants, and conditions of the PSA shall remain in full force and effect, except to the extent herein amended. 2 DocuSign Envelope ID: 65F1 B8AA-36BD-4B2F-BD14-27D26F404066 IN WITNESS WHEREOF, the Parties have executed this Amendment, or have caused the same to be executed, as of the date and year first above written. "Ricky Arepas" RICKY AREPAS AND HOTDOGS, INC., a Florida profit corporation ATTEST: DocuSigned by: (—DocuSigned by: CY,SS(1 Vt, La PS61, By: CE9B6785BFE746B._ By: `— 9B5432AC10F6479 Name: Title: Presidente Notario (Corporate Seal) ATTEST: ,—DocuSigned by: By: '—E46D7560DCF1459... DocuSigned by: Ricardo De La Hoz President "City" CITY OF MIAMI, a Florida municipal corporation DocuSigned by: L 11r(L j nriLla. By: 850CF6C372DD42A... Todd B. Hannon ` Arthur Noriega V City Clerk City Manager APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: By: ,—DocuSigned by: `—F1 EF90AF6FE0457... Victoria Mendez pRv 3/4/22 City Attorney (Matter 22-129) REQUIREMENTS: By: 3 ,—DocuSigned by: FV'atAk 614,1t-i7 `-2739506318214E7... Anne Marie Sharpe, Director Risk Management DocuSign Envelope ID: 65F1 BBAA-36BD-4B2F-BD14-27D26F404066 COMPANY RESOLUTION (This Resolution needs to authorize the signatory to sign) Ricky Arepas and Hot -Dogs inc Ricardo De La Hoz WHEREAS, a (company type: Inc., LLC.), desires to enter into an Agreement with the City of Miami for the purpose of performing the work described in the contract to which this resolution is attached; and Ricky Arepas and WHEREAS, the Hot -Dogs inc (board type; Board of Directors for Inc, Board of Managers for LLC.) at a duly held company meeting has considered the matter in accordance with the bylaws of the company; Rucky Arepas NOW, THEREFORE, BE IT RESOLVED BY THE BOARD of (same as identified above) that this company is authorized to enter into the Agreement with the City, and PRESIDENT Ricky Arepas and Hot -Dogs inc the (company officer title) and the (company officer title) are hereby authorized and directed to execute the Agreement in the name of this Company and to execute any other document and perform any acts in connection therewith as may be required to accomplish its purpose. 1 March IN WITNESS WHEREOF, this day of , 202_. Ricky Arepas and Hot -Dogs inc ("Contractor") Florida An (State) Company By: Print Name: TITLE: DocuSigned by: 1354 9IC1.U,F6A7Q Ricardo De La Hiz (sign) Predident Y (sign) H54VAC 1OF64/9 Print Name: by: [DocLJSioned Ricardo De La Hoz DocuSign Envelope ID: 65F1 B8AA-36BD-4B2F-BD14-27D26F404066 ACORD CERTIFICATE OF LIABILITY INSURANCE `----- DATE(MM/DD/YYYY) 04/13/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER American Trust Insurance 9360 Sunset Drive Suite 240 Miami FL 33173 CONTACT Edna Sanchez NAME: ja/cNr o Ext): (305) 270-2220 (A//C, No): (305) 270-2496 E-MAIL ADDRESS: enas americantrustins.Com ADDRESS: CG INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: United States Liability Ins Co 02541 INSURED Ricky Arepas & Hot Dogs, Inc. 414 SW22 Avenue Miami FL 33135 INSURERB: Progressive Express Insurance Company 11760 INSURERC: INSURER D : INSURER E : INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYYL POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERALLIABILITY CL1978666B _ ` �O /2023 (� J 03/18/2024 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE PREM SES TO(Ea occurrOence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL&ADVINJURY $ 1,000,000 GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES PRO JECT PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMP/OP AGG $ included $ B AUTOMOBILE Ni LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED X X SCHEDULED AUTOS NON -OWNED AUTOS ONLY O 01527206 ('� OtV `� ^® l A �. `/ 12/15/2022 12/15/2023 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB O OCCUR CLAIMS -MADE Q Q EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Food Vendor City of Miami is listed as additional insured with respect to the general liability and auto, this policy is primary and non-contributory. CERTIFICATE HOLDER CANCELLATION City of Miami Risk Management Dept. 444 SW 2 Avenue Miami FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE /____ - ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 65F1B8AA-36BD-4B2F-BD14-27D26F404066 DocuSign Envelope ID: 65F1 BBAA-36BD-4B2F-BD14-27D26F404066 1tICKY AltEPAS & IIOT-l)OGS.INC 414 SW 22 AVE MIAMI FL 33135 EMAIL riekysarepas(fibellsoutli.net Monday, April 24, 2O23Miami-Dade County 111 NW 1st Street, suite 2340 Miami ,FI, 33128 Re: Workers Compensation Insurance Requirement. To Whom it may concern: This is to request an exemption from Worker's Compensation Insurance requirement. Our Organization has three or less employees and we are in compliance with chapter 440, florida statutes. Sincer ly, Ricardo De La Hoz DocuSign Envelope ID: 65F1 B8AA-36BD-4B2F-BD14-27D26F404066 Olivera, Rosemary From: Gandarilla, Aimee Sent: Monday, May 1, 2023 11:29 AM To: Hannon, Todd Cc: Lee, Denise; Olivera, Rosemary; Cabrera, Paola; Brown, Sadie Subject: PSA Food Services at Grapeland Water Park - RICKY AREPAS RFP 577381 matter 23-1014 Attachments: PSA Food Services at Grapeland Water Park - RICKY AREPAS RFP 577381 matter 23-1014.pdf Good morning Todd, Please find attached the fully executed copy of an agreement from DocuSign that is to be considered an original agreement for your records. Thank you, awe candwrifia Procurement Assistant City of Miami Department of Procurement 444 SW 2' Avenue, 6th floor, Miami, FL 33130 P(305) 416-1906 F(305) 400-5338 Eagandarilla@miamigov.com https://miamigov.com/Government/Departments-Organizations/Procurement "Serving, Enhancing, and Transforming our Community" 1