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HomeMy WebLinkAbout23800AGREEMENT INFORMATION AGREEMENT NUMBER 23800 NAME/TYPE OF AGREEMENT RICKY AREPAS & HOTDOGS, INC. DESCRIPTION AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT/RFP-GRAPELAND WATER PARK CONCESSION SERVICES/MATTER ID: 22-129 EFFECTIVE DATE March 8, 2022 ATTESTED BY TODD B. HANNON ATTESTED DATE 3/8/2022 DATE RECEIVED FROM ISSUING DEPT. 3/9/2022 NOTE DOCUSIGN AGREEMENT BY EMAIL DocuSign Envelope ID: A440B7E1-6EB9-4177-88B5-D718C4FEE57F \, „1 CITY OF MIAMI DOCUMENT ROUTING FORM Procurement Department ORIGINATING DEPARTMENT: DEPT. CONTACT PERSON: Eduardo Falcon/Aileen Carbonell EXT. 1 922 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Ricky Arepas and Hotdogs INC IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT X❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT YES YES ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT NO NO OTHER: (PLEASE SPECIFY) RFP No. 577381 PSA for Grapeland Water Park Concession Svcs PURPOSE OF ITEM (BRIEF SUMMARY): Between City of Miami and Ricky Arepas and Hotdogs INC Amendment No. 1 for Signature COMMISSION APPROVAL DATE: FILE ID: ENACTMENT NO.: IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN DIRECTOR OF PROCUREMENT PR 22069 March 2, 2022 I 1s:09:02 EST Annie SIGNATURE: Perez, CPPO �D000Signetl by: I. RISK MANAGEMENT March 2, 2022 I 15:15:16 EST Ann-r4arle SIGNATURE: - 9 4OE673Cy�c468 Jflarpe �DocuSignetl by: 'ra:n,l< Gow,vy CITY ATTORNEY Matter ID No. 22-129 March 4, 2022 I 21:10:03 Victo2„rias EST SIGNATURE: �yE, `Mendez p-DocuSigned by: �„-P FI EFOORF6FE0467._ ASSISTANT CITY MANAGER, CHIEF FINANCIAL OFFICER March 7, 2022 I 06:35:40 Fernando EST SIGNATURE: Casamayor �DocuSignetl by: ASSISTANT CITY MANAGER, CHIEF OF INFRASTRUCTURE N/A 2/46D72ECoE moU... Nzeribe Ihekwaba, Ph.D., PE SIGNATURE: ASSISTANT CITY MANAGER, CHIEF OF OPERATIONS March 6, 2022 Natasha I 08: 00: 05 ES__DocuSigned SIGNATURE: Colebrook -Williams by: N .i A Co/44420k-W, \—a4D70097.,eEA443... CITY MANAGER March 8, 2022 Arthur I 09:00:32 ES-Docusignedby: SIGNATURE: Noriega V mow rbli�a, CITY CLERK A COPY EMAILED TO TO CITY ATTORNEY'S A COPY EMAILED TO DEPARTMENT A COPY EMAILED TO CITY CLERKS ONE COPY MAILED/EMAILED TO VENDOR OFFICE OFFICER • . rchMa 8 , 2022 Todd I aq ES"�DocuSigned sf@rat : -5SOUF,-3/2D042H... Hannon by: E46D7560DCF1459._ PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER DocuSign Envelope ID: A440B7E1-6EB9-4177-88B5-D718C4FEE57F 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 8thlay 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: A440B7E1-6EB9-4177-88B5-D718C4FEE57F 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: A440B7E1-6EB9-4177-88B5-D718C4FEE57F 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: By: .—DocuSigned by: it -SSE.? Vt, t a, rtiSa. —CE9B6785BFE746B... Name: Title: Presidente Notario (Corporate Seal) ATTEST: ,—DocuSigned by: : `—E46D7560DCF1459 Todd B. Hannon DocuSigned by: "Ricky Arepas" RICKY AREPAS AND HOTDOGS, INC., a Florida profit corporation By: "City" DocuSigned by 9B5432AC10F6479 . Ricardo De La Hoz President CITY OF MIAMI, a Florida municipal corporation By: ,—DocuSigned by: avwr I evitia "-850CF6C372D042A... Arthur Noriega V City Clerk City Manager APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: By: DocuSigned by: F1EF90AF6FE0457... Victoria Mendez PRv 3/4/22 City Attorney (Matter 22-129) REQUIREMENTS: By: 3 ,—DocuSigned by: Fralnk Gol�t i '-27395C6318214E7... Anne Marie Sharpe, Director Risk Management DocuSign Envelope ID: A440B7E1-6EB9-4177-88B5-D718C4FEE57F May May 29, 2021 May 30, 2021 May 31, 2021 June June 5, 2021 June 6, 2021 June 12, 2021 June 13, 2021 June 19, 2021 June 20, 2021 June 26, 2021 June 27, 2021 July July 3, 2021 July 4, 2021 July 10, 2021 July 11, 2021 July 17, 2021 July 18, 2021 July 24, 2021 July 25, 2021 July 31, 2021 August August 1, 2021 August 7, 2021 August 8, 2021 August 14, 2021 August 15, 2021 August 21, 2021 August 22, 2021 Total = 27 Days EXHIBIT "A" Sample Schedule 4 DocuSign Envelope ID: A440B7E1-6EB9-4177-88B5-D718C4FEE57F WHEREAS, COMPANY RESOLUTION (This Resolution needs to authorize the signatory to sign) Ricky Arepas and Hot -Dogs Inc Ricardo De La Hoz ., 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: 9BSnz')erlOF6A79 Ricardo De La Hiz (sign) Predident Print Name: DocuSigned by: C32A Ricardo De La Hoz (sign) DocuSign Envelope ID: A440B7E1-6EB9-4177-88B5-D718C4FEE57F ACORO° CERTIFICATE OF LIABILITY INSURANCE L.----- DATE (MMIDD/YYYY) 02/09/2022 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: PHONE A/C, No, Ext): (305) 270 2220 FAX No): (305) 270 2496 ADDRESS: ednas@americantrustins.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: United States Liability Ins Co 02541 INSURED Ricky Arepas & Hot Dogs, Inc. 414 SW 22 Avenue Miami FL 33135 INSURER B: Progressive Express Insurance Company 11760 INSURER C : INSURER D : INSURER E : INSURER F : 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 GENERAL LIABILITY CL1978666 _ ` //�� ` /2021 Ci '' V 03/18/2022 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100 000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES PRO JECT PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OPAGG $ included $ B AUTOMOBILE XHIRED LIABILITY ANY AUTO OWNED AUTOS ONLY AUTOS ONLY X N/ /N SCHEDULED AUTOS NON -OWNED AUTOS ONLY !j a �[`/I 01527206-`V ^ O(i ``C`l_ O V O 12/15/2021 12/15/2022 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE ',CI."' /�Q �`/ EACH OCCURRENCE $ AGGREGATE $ DED RETENT ON $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below �, / 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: A440B7E1-6EB9-4177-88B5-D718C4FEE57F NICKYS AHEPAS ANI) HO1-006S INC. 414 S.W 22 AVE MIAMI FL 33135 City of Miami Contract M.n,ement Section 444 s.w 2"" avc Miami fl 33130 July/1/2021 305-710-3860 Re: Worker's 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 employed d we are in compliance with chapter 440. florid tutes. of I\ 4(1 Ricardo 'La Ho QQ Kind regards, Aileen Carbonell, MPA Procurement Assistant Department of Procurement 444 SW 2nd Avenue, 6th Floor DocuSign Envelope ID: A440B7E1-6EB9-4177-88B5-D718C4FEE57F From: Ouevedo, Terry To: Carbonell, Aileen; Gomez Jr., Francisco (Frank) Subject: RE: PROCUREMENT INSURANCE REVIEW FOR RICKY AREPAS AND HOT DOGS INC Date: Wednesday, February 9, 2022 1:52:30 PM Aileen, The certificates are adequate. Thank you ei;> 4 (iewl City of Miami Risk Management Department 9th Floor 444 SW 2nd Avenue Miami, Florida 33130 (305) 416-1641 Office (305) 416-1710 Fax Tquevedo(Zmiamigov.com QO J(</ semie y, �r�lraareu acres' �%2Qst¢�a¢asru2ly aarn e"uu"()(1 / O V/ From: Carbonell, Aileen <ACarbonell@mi vV�> Sent: Wednesday, February 9, 2022 1:e V To: Gomez Jr., Francisco (Frank) <Fcr ez@'•Aimigov.com> Cc: Quevedo, Terry <TQueved. amigov.com> Subject: PROCUREMENT INSL CE REVIEW FOR RICKY AREPAS AND HOT DOGS INC Importance: High Good afternoon, Please review the insurance attached at your earliest convenience and advise if adequate according to insurance requirements contained therein. Thank you! NOTE: WC LETTER ATTACHED ON PREVIOUS SUBMITTAL Kind regards, Aileen Carbonell, MPA Procurement Assistant Department of Procurement 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 Office: (305) 416-1922 Facsimile: (305) 416-1925 DocuSign Envelope ID: A440B7E1-6EB9-4177-88B5-D718C4FEE57F Email: acarboneMmiamigov.com Remit W9 to: PurchasingSupplierAdmins@miamigov.com Website: https://beta.miamigov.com/Government/Departments-Organizations/Procurement "Serving, Enhancing, and Transforming our Community" CONFIDENTIAL COMMUNICATION The information contained in this transmission may contain privilege only for the use of the person(s) named above. If you are not the in any review, dissemination, distribution, or duplication of this co intended recipient, please immediately contact the sender by message. Thank you. *Please Note: Due to Florida's very broad public records law, m regarding City business are public records, ava communication may be subject to public dis onfidential information. It is intended ded recipient, you are hereby notified that cation is strictly prohibited. If you are not the -mail and destroy all copies of the original unications to or from City of Miami employees lic and media upon request. Therefore, this e-mail DocuSign Envelope ID: A440B7E1-6EB9-4177-88B5-D718C4FEE57F Detail by Entity Name DIVISION OF CORPORATIONS DJvLi1Jf'i o 1ft�!brg DI) PD,L A'frrcifrJ fill official :hareofFlorida websike Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation RICKY AREPAS AND HOT DOGS, INC. Filing Information Document Number P05000002120 FEI/EIN Number 20-2114899 Date Filed 01/04/2005 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 06/03/2021 Principal Address 414 SW 22ND AVE MIAMI, FL 33135 Mailing Address 414 SW 22ND AVE MIAMI, FL 33135 Registered Agent Name & Address DE LA HOZ, RICARDO 414 SW 22ND AVE MIAMI, FL 33135 Name Changed: 05/11/2016 Officer/Director Detail Name & Address Title PD DE LA HOZ, RICARDO 414 SW 22ND AVE MIAMI, FL 33135 Title VP DE LA HOZ, MIRNA MIRANDA 414 SW 22ND AVE MIAMI, FL 33135 https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=RICKYAR... 1/2 DocuSign Envelope ID: A440B7E1-6EB9-4177-88B5-D718C4FEE57F Detail by Entity Name Annual Reports Report Year Filed Date 2019 05/01/2019 2020 06/03/2021 2021 06/03/2021 Document Images 06/03/2021 -- REINSTATEMENT 05/01/2019 -- ANNUAL REPORT 04/24/2018 -- ANNUAL REPORT 12/11/2017 -- REINSTATEMENT 05/11/2016 -- REINSTATEMENT 05/01/2010 -- ANNUAL REPORT 02/23/2009 -- ANNUAL REPORT 07/29/2008 -- ANNUAL REPORT 01/09/2007 -- ANNUAL REPORT 03/17/2006 -- ANNUAL REPORT 01/04/2005 -- Domestic Profit View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Department of State, Division of Corporations https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=RICKYAR... 2/2 DocuSign Envelope ID: A440B7E1-6EB9-4177-88B5-D718C4FEE57F • row 0 R ` 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 2/22/2022 Date: Procurement Requesting Client (305) 416-1922 Telephone Legal Service Requested: LSR - Amendment No. 1 RFP No. 577381 - Ricky Arepas and Hotdogs Inc Matter ID No. 22-129 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: FlIssue 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: Type: Matrix: Category: Copy returned to Requesting Client Copy to Ultimate Client rev. 04/14/2017 Olivera, Rosemary From: Gandarilla, Aimee Sent: Wednesday, March 9, 2022 8:41 AM To: Hannon, Todd Cc: Olivera, Rosemary; Lee, Denise; Cabrera, Paola; Carbonell, Aileen Subject: Executed PSA for Grapeland Water Park Concession Svcs - Ricky Arepas RFP 577381 Attachments: PSA for Grapeland Water Park Concession Svcs - Ricky Arepas RFP 577381.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, Qtrnee gandavtifia Procurement Assistant City of Miami Department of Procurement 444 SW 2nd Avenue, 6th floor, Miami, FL 33130 P (305) 416-1906 F(305) 400-5338 agandarilla@miamigov.com https://miamigov.com/Government/Departments-Organizations/Procurement "Serving, Enhancing, and Transforming our Community" If you're not already a Vendor, click on or scan the QR Code to register as a new Vendor for the City of Miami. 1