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Contract No.25-512-01
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH
AND
IKONIQ, INC
FOR
MIAMI BEACH CONVENTION CENTER(MBCC) PORTABLE FOOD
CONCESSION CARTS
PURSUANT TO
RFP-2025-01 2-DF
10/8/2025 1 8:26 EDT
This Professional Services Agreement ("Agreement") is entered into this {'day of
�SGPTi;hnf?xiY� , 2025("Effective Date"), between the CITY OF MIAMI BEACH, FLORIDA,
a municipal corporation organized and existing under the laws of the State of Florida, having its
principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139(the"City"), and
IKONIQ, INC, a Nevada corporation, whose address is 2370 Firehall Road, Canadaigua, New
York 14424("Consultant").
SECTION 1
DEFINITIONS
Agreement: This Agreement between the City and Consultant, including any exhibits
and amendments thereto.
City Manager: The chief administrative officer of the City.
City Manager's
Designee: The City staff member who is designated by the City Manager to
administer this Agreement on behalf of the City. The City Manager's
designee shall be the Economic Development Department Director.
Consultant: For the purposes of this Agreement, Consultant shall be deemed to be an
independent contractor, and not an agent or employee of the City.
Services: All services, work and actions by the Consultant performed or undertaken
pursuant to the Agreement.
Fee: Amount paid to the Consultant as compensation for Services.
Proposal Documents: Proposal Documents shall mean City of Miami Beach RFP No. 2025-012-
DF ("RFP") for Miami Beach Convention Center Portable Food
Concession Carts, together with all amendments thereto, issued by the
City in contemplation of this Agreement RFP, and the Consultant's
proposal in response thereto ("Proposal"), all of which are hereby
incorporated and made a part hereof; provided, however, that in the event
of an express conflict between the Proposal Documents and this
Agreement, the following order of precedent shall prevail: this Agreement;
the RFP and the Proposal.
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Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139; telephone number(305)
673-7000, Ext. 6435;and fax number(305)673-7023.
SECTION 2
SCOPE OF SERVICES
2.1 In consideration of the Fee to be paid to Consultant by the City, Consultant shall provide
the work and services described in Exhibit A hereto(the"Services").
If there are any questions regarding the Services to be performed, Consultant should contact
the following person:
Luis Wong,Administrative Service Manager
Economic Development Department
City of Miami Beach
Iuiswonq ar@miamibeachfl.gov
Ph: 305-673-7572 ext.26617
Danny Medina,Vice President,Operations or Angelo Grande,Director of Venue Operations
Sodexo Live!at dannv.medinaasodexo.com angelo arandeta?miamibeachconvention.com
Ph: 786-382-5205 Ph:786-276-2608
2.2 Consultant's Services, and any deliverables incident thereto, shall be completed in
accordance with the timeline attached hereto as Exhibit A.
SECTION 3
TERM
The term of this Agreement("Term')shall commence on the Effective Date and shall have an
initial term of three (3)years. The City, through its City Manager,will have the option to extend
for one (1) two-year renewal option, to be exercised at the City Manager's sole option and
discretion, by providing the Consultant with written notice of same no less than thirty(30)days
prior to the expiration of the initial term.
Notwithstanding the Term provided herein, Consultant shall adhere to any specific timelines,
schedules, dates, and/or performance milestones for completion and delivery of the Services,
as same is/are set forth in the timeline and/or schedule referenced in Exhibit A hereto.
SECTION 4
FEE
4.1 In consideration of the Services to be provided, Consultant shall be compensated in
accordance with the Cost Proposal attached hereto as Exhibit B and the payment schedule in
Section 4.3.
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4.3 PAYMENT SCHEDULE Payments shall be made according to the following
deliverables/milestones and corresponding percentages of the total contract amount. The City
Manager's designee shall sign off on project elements prior to initiating the next project phase.
MILESTONE DELIVERABLE r%OF TOTAL ' AMOUNT
Design Approval & Engineering Completion: upon Deposit 50% $312,500
City's written approval of final design drawings and
engineering documentation.
Fabrication&Procurement of Materials,and 25% $156,250 1
Fabrication Completion: upon completion of
fabrication and notification of readiness for delivery,
subject to City inspection and approval.
Delivery, Installation, Acceptance: upon successful 25% $156,250
delivery, installation, and final acceptance of the carts
by the City,as confirmed in writing.
TOTAL 100% $625,000
4.4 COMMENCEMENT OF WORK
The issuance of a Purchase Order(PO)is contingent upon the City having issued a final
written approval of the shop drawings, which shall include the final design drawings. No
Fabrication&Procurement of Materials work may commence until the City has issued a PO.
4.4 INVOICING
Upon receipt of an acceptable and approved invoice, payment(s)shall be made within forty-five
(45) days for that portion (or those portions) of the Services satisfactorily rendered (and
referenced in the particular invoice). The City shall make payment to the Contractor upon
completion of the deliverables outlined in Section 4.3, provided that the Contractor Peas
submitted an itemized invoice referencing the completed deliverable and a brief progress
summary,and the City has issued written confirmation of deliverable completion.
Invoices shall include a detailed description of the Services (or portions thereof) provided, and
shall be submitted to the City at the following email address:
Accounts Payable: Payablesna.miamibeachfl.gov and Cc to LuisWongt .miamibeachfl.gov
SECTION 5
TERMINATION
5.1 TERMINATION FOR CAUSE
If the Consultant shall fail to fulfill in a timely manner, or otherwise violates, any of the
covenants, agreements, or stipulations material to this Agreement, the City, through its City
Manager, shall thereupon have the right to terminate this Agreement for cause. Prior to
exercising its option to terminate for cause, the City shall notify the Consultant of its violation of
the particular term(s) of this Agreement, and shall grant Consultant ten (10) days to cure such
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default. If such default remains uncured after ten (10) days, the City may terminate this
Agreement without further notice to Consultant. Upon termination, the City shall be fully
discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this
Agreement.
Notwithstanding the above, the Consultant shall not be relieved of liability to the City for
damages sustained by the City for any breach of the Agreement by the Consultant. The City, at
its sole option and discretion, shall be entitled to bring any and all legal/equitable actions that it
deems to be in its best interest in order to enforce the City's rights and remedies against
Consultant. The City shall be entitled to recover all costs of such actions, including reasonable
attorneys'fees.
5.2 TERMINATION FOR CONVENIENCE OF THE CITY
THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, ANO FOR ITS CONVENIENCE
AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM
BY GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH TERMINATION; WHICH SHALL
BECOME EFFECTIVE WITHIN THIRTY (30) DAYS FOLLOWING RECEIPT BY THE
CONSULTANT OF SUCH NOTICE. ADDITIONALLY, IN THE EVENT OF A PUBLIC
HEALTH, WELFARE OR SAFETY CONCERN, AS DETERMINED BY THE CITY MANAGER,
IN THE CITY MANAGER'S SOLE DISCRETION, THE CITY MANAGER, PURSUANT TO A
VERBAL OR WRITTEN NOTIFICATION TO CONSULTANT, MAY IMMEDIATELY SUSPEND
THE SERVICES UNDER THIS AGREEMENT FOR A TIME CERTAIN, OR IN THE
ALTERNATIVE, TERMINATE THIS AGREEMENT ON A GIVEN DATE. IF THE AGREEMENT
IS TERMINATED FOR CONVENIENCE BY THE CITY, CONSULTANT SHALL BE PAID FOR
ANY SERVICES SATISFACTORILY PERFORMED UP TO THE DATE OF TERMINATION;
FOLLOWING WHICH THE CITY SHALL BE DISCHARGED FROM ANY AND ALL
LIABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS
AGREEMENT.
5.3 TERMINATION FOR INSOLVENCY
The City also reserves the right to terminate the Agreement in the event the Consultant is
placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of
creditors. In such event, the right and obligations for the parties shall be the same as provided
for in Section 5.2.
SECTION 6
INDEMNIFICATION AND INSURANCE REQUIREMENTS
6.i INDEMNIFICATION
Consultant agrees to indemnify, defend and hold harmless the City of Miami Beach and its
officers, employees, agents.. and contractors, from and against any and all actions (whether at
law or in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys'
fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to
properly, which may arise or be alleged to have arisen from the negligent acts, errors,
omissions or other wrongful conduct of the Consultant, its officers, employees, agents,
contractors, or any other person or entity acting under Consultant's control or supervision, in
connection with, related to, or as a result of the Consultant's performance of the Services
pursuant to this Agreement. To that extent, the Consultant shall pay all such claims and 'losses
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and shall pay all such costs and judgments which may issue from any lawsuit arising from such
claims and losses, and shall pay all costs and attorneys' fees expended by the City in the
defense of such claims and losses, including appeals. The Consultant expressly understands
and agrees that any insurance protection required by this Agreement or otherwise provided by
the Consultant shall in no way limit the Consultant's responsibility to indemnify, keep and save
harmless and defend the City or its officers, employees, agents and instrumentalities as herein
provided.
The parties agree that one percent (1%) of the total compensation to Consultant for
performance of the Services under this Agreement is the specific consideration from the City to
the Consultant for the Consultant's indemnity agreement. The provisions of this Section 6.1 and
of this indemnification shall survive termination or expiration of this Agreement.
6.2 INSURANCE REQUIREMENTS
The Consultant shall maintain and carry in full force during the Term, the following insurance:
A. Commercial General Liability on an occurrence basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury with limits no less
than$1,000,000 per occurrence,and$2,000,000 general aggregate.
B. Workers' Compensation & Employers' Liability, as required pursuant to Chapter 440, Florida
Statutes.A waiver of subrogation endorsement must be provided.
C. Auto Liability Insurance, in the amount of$1,000,000 covering any automobile. If the vendor
has no owned automobiles, then coverage for hired and non-owned automobiles, with a limit of
no less than$1,000,000 combined per accident for bodily injury and property damage.
City of Miami Beach must be included by endorsement as an additional insured with respect to
all liability policies(except Professional Liability and Workers' Compensation)arising out of work
or operations performed on behalf of the Consultant including materials, parts, or equipment
furnished in connection with such work or operations and automobiles owned, leased, hired or
borrowed in the form of an endorsement to the Consultant's insurance.
Each insurance policy required above shall provide that coverage shall not be cancelled, except
with notice to the City of Miami Beach do EXIGIS Insurance Compliance Services.
Consultant agrees to obtain any endorsement that may be necessary to affect the waiver of
subrogation on the coverages required. However, this provision applies regardless of whether
the City has received a waiver of subrogation endorsement from the insurer.
Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher. If not
rated, exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA,
FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance
business in the State of Florida.
Consultant shall furnish the City with original certificates and amendatory endorsements, or
copies of the applicable insurance language, effecting coverage required by this contract. All
certificates and endorsements are to be received and approved by the City before work
commences. However, failure to obtain the required documents prior to the work beginning
shall not waive the Consultant's obligation to provide them. The City reserves the right to
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require complete, certified copies of all required insurance policies, including endorsements,
required by these specifications,at any time.
CERTIFICATE HOLDER ON ALL COI MUST READ:
CITY OF MIAMI BEACH
do EXIGIS Insurance Compliance Services
P.O. Box 947
Murrieta, CA 92564
Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing
agent, EXIGIS,at:
Certificates-miamibeachAriskworks.com
The City of Miami Beach reserves the right to modify these requirements,including limits,based
on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Compliance with the foregoing requirements shall not relieve the vendor of his liability and
obligation under this section or under any other section of this agreement.
SECTION 7
LITIGATION JURISDICTIONNENUE/JURY TRIAL WAIVER
This Agreement shall be construed in accordance with the laws of the State of Florida. This
Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary
by either party with respect to the enforcement of any or all of the terms or conditions herein,
exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida, and
Consultant hereby submits to the personal jurisdiction of such courts. By entering into this
Agreement, Consultant and the City expressly waive any rights either party may have to a trial
by jury of any civil litigation related to or arising out of this Agreement.
SECTION 8
LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on the
City's liability for any cause of action, for money damages due to an alleged breach by the City
of this Agreement, so that its liability for any such breach never exceeds the sum of $10,000.
Consultant hereby expresses its willingness to enter into this Agreement with Consultant's
recovery from the City for any damage action for breach of contract to be limited to a maximum
amount of$10,000.
Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant
hereby agrees that the City shall not be liable to the Consultant for damages in an amount in
excess of $10,000 for any action or claim for breach of contract arising out of the performance
or non-performance of any obligations imposed upon the City by this Agreement.
Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a
waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida
Statutes.
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SECTION 9
DUTY OF CARE/COMPLIANCE WITH APPLICABLE LAWS/PATENT RIGHTS' COPYRIGHT'
AND CONFIDENTIAL FINDINGS
9.1 DUTY OF CARE
With respect to the performance of the Services contemplated herein, Consultant shall exercise
that degree of skill, care, efficiency and diligence normally exercised by reasonable persons
andfor recognized professionals with respect to the performance of comparable work and/or
services.
9.2 COMPLIANCE WITH APPLICABLE LAWS
In its performance of the Services,Consultant shall comply with all applicable laws, ordinances,
and regulations of the City, Miami-Dade County, the State of Florida, and the federal
government, as applicable.
9.3 PATENT RIGHTS; COPYRIGHT; CONFIDENTIAL FINDINGS
Any work product arising out of this Agreement, as well as all information specifications,
processes,data and findings, are intended to be the property of the City and shall not otherwise
be made public and/or disseminated by Consultant, without the prior written consent of the City
Manager, excepting any information, records etc. which are required to be disclosed pursuant to
Court Order and/or Florida Public Records Law.
All reports, documents, articles, devices, and/or work produced in whole or in part under this
Agreement are intended to be the sole and exclusive property of the City, and shall not be
subject to any application for copyright or patent by or on behalf of the Consultant or its
employees or sub-consultants,without the prior written consent of the City Manager.
SECTION 10
GENERAL PROVISIONS
10.1 AUDIT AND INSPECTIONS
Upon reasonable verbal or written notice to Consultant, and at any time during normal
business hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized
holidays), and as often as the City Manager may, in his/her reasonable discretion and
judgment, deem necessary, there shall be made available to the City Manager, and/or such
representatives as the City Manager may deem to act on the City's behalf, to audit, examine,
and/or inspect,any and all other documents and/or records relating to all matters covered by
this Agreement. Consultant shall maintain any and all such records at its place of business at
the address set forth in the"Notices"section of this Agreement.
10.2 INSPECTOR GENERAL AUDIT RIGHTS
(A) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has
established the Office of the Inspector General which may, on a random basis, perform
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reviews, audits, inspections and investigations on all City contracts, throughout the
duration of said contracts. This random audit is separate and distinct from any other
audit performed by or on behalf of the City.
(8) The Office of the inspector General is authorized to investigate City affairs and
empowered to review past, present and proposed City programs, accounts, records,
contracts and transactions. In addition, the inspector General has the power to
subpoena witnesses, administer oaths, require the production of witnesses and monitor
City projects and programs. Monitoring of an existing City project or program may
include a report concerning whether the project is on time, within budget and in
conformance with the contract documents and applicable law. The Inspector General
shall have the power to audit, investigate, monitor, oversee, inspect and review
operations, activities, performance and procurement process including but not limited to
project design, bid specifications, (bid/proposal) submittals, activities of the Consultant,
its officers, agents and employees, lobbyists, City staff and elected officials to ensure
compliance with the contract documents and to detect fraud and corruption. Pursuant to
Section 2-378 of the City Code, the City is allocating a percentage of its overall annual
contract expenditures to fund the activities and operations of the Office of Inspector
General.
(C) Upon ten (10) days written notice to the Consultant, the Consultant shall make all
requested records and documents available to the Inspector General for inspection and
copying. The Inspector General is empowered to retain the services of independent
private sector auditors to audit, investigate, monitor, oversee, inspect and review
operations activities, performance and procurement process including but not limited to
project design, bid specifications, (bid/proposal) submittals, activities of the Consultant
its officers, agents and employees, lobbyists, City staff and elected officials to ensure
compliance with the contract documents and to detect fraud and corruption.
(D) The Inspector General shall have the right to inspect and copy all documents and
records in the Consultant's possession, custody or control which in the Inspector
General's sole judgment, pertain to performance of the contract, including, but not limited
to original estimate files, change order estimate files, worksheets, proposals and
agreements from and with successful subcontractors and suppliers, all project-related
correspondence, memoranda, instructions, financial documents, construction
documents, (bid{proposal) and contract documents, back-change documents, all
documents and records which involve cash, trade or volume discounts, insurance
proceeds, rebates, or dividends received, payroll and personnel records and supporting
documentation for the aforesaid documents and records.
(E) The Consultant shall make available at its office at all reasonable times the records,
materials, and other evidence regarding the acquisition (bid preparation) and
performance of this Agreement, for examination, audit, or reproduction, until three (3)
years after final payment under this Agreement or for any longer period required by
statute or by other clauses of this Agreement. in addition:
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If this Agreement is completely or partially terminated, the Consultant shall make
available records relating to the work terminated until three (3) years after any
resulting final termination settlement; and
ii. The Consultant shall make available records relating to appeals or to litigation or
the settlement of claims arising under or relating to this Agreement until such
appeals, litigation,or claims are finally resolved.
(F) The provisions in this section shall apply to the Consultant, its officers, agents,
employees, subcontractors and suppliers. The Consultant shall incorporate the
provisions in this section in all subcontracts and all other agreements executed by the
Consultant in connection with the performance of this Agreement.
(G) Nothing in this section shall impair any independent right to the City to conduct audits or
investigative activities. The provisions of this section are neither intended nor shall they
be construed to impose any liability on the City by the Consultant or third parties.
10.3 ASSIGNMENT,TRANSFER OR SUBCONSULTING
Consultant shall not subcontract, assign, or transfer all or any portion of any work and/or
service under this Agreement without the prior written consent of the City Manager, which
consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this
Agreement,nor any term or provision hereof,or right hereunder, shall be assignable unless as
approved pursuant to this section, and any attempt to make such assignment (unless
approved)shall be void.
10.4 PUBLIC ENTITY CRIMES
Prior to commencement of the Services, the Consultant shall file a State of Florida Form PUR
7068, Sworn Statement under Section 287.133(3Xa) Florida Statute on Public Entity Crimes
with the City's Procurement Division.
10.5 NO DISCRIMINATION
In connection with the performance of the Services, the Consultant shall not exclude from
participation in, deny the benefits of, or subject to discrimination anyone on the grounds of
race, color, national origin,sex, age,disability, religion, income or family status. ,' '
Additionally, Consultant shall comply fully with the City of Miami Beach Human Rights
Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time,
prohibiting discrimination in employment (including independent contractors), housing, public
accommodations, public services, and in connection with its membership or policies because
of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity,
sexual orientation, marital and familial status, age, disability, ancestry, height, weight, hair
texture and/or hairstyle, domestic partner status, labor organization membership, familial
situation,or political affiliation.
10.6 CONFLICT OF INTEREST
Consultant herein agrees to adhere to and be governed by all applicable Miami-Dade County
Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami-Dade County
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Code, as may be amended from time to time; and by the City of Miami Reach Charter and
Code,as may be amended from time to time;both of which are incorporated by reference as if
fully set forth herein.
Consultant covenants that it presently has no interest and shall not acquire any interest,
directly or indirectly, which could conflict in any manner or degree with the performance of the
Services. Consultant further covenants that in the performance of this Agreement, Consultant
shall not employ any person having any such interest.
.10.7 CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
(A) Consultant shall comply with Florida Public Records law under Chapter 119, Florida
Statutes, as may be amended from time to time.
(8) The term"public records"shall have the meaning set forth in Section 119.011(12),which
means all documents, papers, letters, maps, books, tapes, photographs, films, sound
recordings, data processing software, or other material, regardless of the physical form,
characteristics, or means of transmission, made or received pursuant to law or
ordinance or in connection with the transaction of official business of the City.
(C) Pursuant to Section 119.0701 of the Florida Statutes, if the Consultant meets the
definition of"Contractor"as defined in Section 119.0701(1)(a), the Consultant shall:
(1) Keep and maintain public records required by the City to perform the service;
(2) Upon request from the City's custodian of public records, provide the City with a
copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, Florida Statutes or as otherwise provided by law;
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed, except as authorized
by law, for the duration of the contract term and following completion of the
Agreement if the Consultant does not transfer the records to the City;
(4) Upon completion of the Agreement, transfer, at no cost to the City, all public
records in possession of the Consultant or keep and maintain public records
required by the City to perform the service. If the Consultant transfers all public
records to the City upon completion of the Agreement, the Consultant shall
destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. If the Consultant keeps and
maintains public records upon completion of the Agreement, the Consultant shall
meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the City, upon request from the City's
custodian of public records, in a format that is compatible with the information
technology systems of the City.
(D) REQUEST FOR RECORDS; NONCOMPLIANCE.
(1) A request to inspect or copy public records relating to the City's contract for
services must be made directly to the City. if the City does riot possess the
requested records, the City shall immediately notify the Consultant of the
request, and the Consultant must provide the records to the City or allow the
records to be inspected or copied within a reasonable time.
(2) Consultant's failure to comply with the City's request for records shall constitute a
breach of this Agreement, and the City, at its sole discretion, may: (1)unilaterally
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terminate the Agreement; (2) avail itself of the remedies set forth under the
Agreement; and/or(3)avail itself of any available remedies at law or in equity.
(3) A Consultant who fails to provide the public records to the City within a
reasonable time may be subject to penalties under s. 119,10. •
(E) CIVIL ACTION.
(1) If a civil action is filed against a Consultant to compel production of public records
relating to the City's contract for services, the court shall assess and award
against the Consultant the reasonable costs of enforcement, including
reasonable attorneys'fees,if:
a. The court determines that the Consultant unlawfully refused to comply with
the public records request within a reasonable time;and
b. At least 8 business days before riling the action, the plaintiff provided written
notice of the public records request, including a statement that the
Consultant has not complied with the request, to the City and to the
Consultant.
(2) A notice complies with subparagraph (1Xb) if it is sent to the City's custodian of
public records and to the Consultant at the Consultant's address listed on its
contract with the City or to the Consultant's registered agent. Such notices must
be sent by common carrier delivery service or by registered, Global Express
Guaranteed, or certified mail, with postage or shipping paid by the sender and
with evidence of delivery,which may be in an electronic format.
(3) A Consultant who complies with a public records request within 8 business days
after the notice is sent is not liable for the reasonable costs of enforcement.
(F) IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, OR AS
TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADO@MIAMIBEACHFL.GOV
PHONE: 305-673-7411
10.8 FORCE MAJEURE
(A) A"Force Majeure" event is an event that (i) in fact causes a delay in the performance of
the Consultant or the City's obligations under the Agreement, and (ii) is beyond the
reasonable control of such party unable to perform the obligation, and (iii) is not due to
an intentional act, error, omission, or negligence of such party, and (iv) could not have
reasonably been foreseen and prepared for by such party at any time prior to the
occurrence of the event. Subject to the foregoing criteria, Force Majeure may include
events such as war, civil insurrection, riot, fires, epidemics, pandemics, terrorism,
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sabotage, explosions, embargo restrictions, quarantine restrictions, transportation
accidents, strikes, strong hurricanes or tornadoes, earthquakes, or other acts of God
which prevent performance. Force Majeure shall not include technological impossibility,
inclement weather, or failure to secure any of the required permits pursuant to the
Agreement.
(f3) If the City or Consultant's performance of its contractual obligations is prevented or
delayed by an event believed by to be Force Majeure, such party shall immediately,
upon learning of the occurrence of the event or of the commencement of any such delay,
but in any case within fifteen (15) business days thereof, provide notice: (i) of the
occurrence of event of Force Majeure, (ii) of the nature of the event and the cause
thereof, (iii) of the anticipated impact on the Agreement, (iv) of the anticipated period of
the delay, and (v) of what course of action such party plans to take in order to mitigate
the detrimental effects of the event. The timely delivery of the notice of the occurrence of
a Force Majeure event is a condition precedent to allowance of any relief pursuant to this
section; however, receipt of such notice shall not constitute acceptance that the event
claimed to be a Force Majeure event is in fact Force Majeure, and the burden of proof of
the occurrence of a Force Majeure event shall be on the requesting party.
(C) No party hereto shall be liable for its (allure to carry out its obligations under the
Agreement during a period when such party is rendered unable, in whole or in part, by
Force Majeure to carry out such obligations. The suspension of any of the obligations
under this Agreement due to a Force Majeure event shall be of no greater scope and no
longer duration than is required. The party shall use its reasonable best efforts to
continue to perform its obligations hereunder to the extent such obligations are not
affected or are only partially affected by the Force Majeure event, and to correct or cure
the event or condition excusing performance and otherwise to remedy its inability to
perform to the extent its inability to perform is the direct result of the Force Majeure
event with all reasonable dispatch.
(D) Obligations pursuant to the Agreement that arose before the occurrence of a Force
Majeure event, causing the suspension of performance, shall not be excused as a result
of such occurrence unless such occurrence makes such performance not reasonably
possible. The obligation to pay money in a timely manner for obligations and liabilities
which matured prior to the occurrence of a Force Majeure event shall not be subject to
the Force Majeure provisions.
(E) Notwithstanding any other provision to the contrary herein, in the event of a Force
Majeure occurrence, the City may, at the sole discretion of the City Manager, suspend
the City's payment obligations under the Agreement, and may take such action without
regard to the notice requirements herein. Additionally, in the event that an event of
Force Majeure delays a party's performance under the Agreement for a time period
greater than thirty (30) days, the City may, at the sole discretion of the City Manager,
terminate the Agreement on a given date, by giving written notice to Consultant of such
termination. If the Agreement is terminated pursuant to this section, Consultant shall be
paid for any Services satisfactorily performed up to the date of termination; following
which the City shall be discharged from any and all liabilities, duties, and terms arising
out of, or by virtue of, this Agreement. In no event will any condition of Force Majeure
extend this Agreement beyond its stated term.
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10.9 E-VERIFY
(A) To the extent that Consultant provides labor, supplies, or services under this Agreement,
Consultant shall comply with Section 448.095, Florida Statutes, "Employment Eligibility"
("E-Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify
Statute, commencing on January 1, 2021, Consultant shall register with and use the E-
Verify system to verify the work authorization status of all newly hired employees during
the Term of the Agreement. Additionally, Consultant shall expressly require any
subconsultant performing work or providing services pursuant to the Agreement to
likewise utilize the U.S.Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the subconsultant. If Consultant
enters into a contract with an approved subconsultant, the subconsultant must provide
the Consultant with an affidavit stating that the subconsultant does not employ, contract
with, or subcontract with an unauthorized alien. Consultant shall maintain a copy of
such affidavit for the duration of this Agreement or such other extended period as may
be required under this Agreement.
(B) TERMINATION RIGHTS.
(1) If the City has a good faith belief that Consultant has knowingly violated Section
448,09(1), Florida Statutes, which prohibits any person from knowingly
employing, hiring, recruiting, or referring an alien who is not duly authorized to
work by the immigration laws or the Attorney General of the United States, the
City shah terminate this Agreement with Consultant for cause, and the City shall
thereafter have or owe no further obligation or liability to Consultant.
(2) If the City has a good faith belief that a subconsultant has knowingly violated the
foregoing Subsection 10.9(A), but the Consultant otherwise complied with such
subsection, the City will promptly notify the Consultant and order the Consultant
to immediately terminate the contract with the subconsultant. Consultant's failure
to terminate a subconsultant shall be an event of default under this Agreement,
entitling City to terminate this Agreement for cause.
(3) A contract terminated under the foregoing Subsection (B)(1) or (B)(2) is not in
breach of contract and may not be considered as such.
(4) The City or Consultant or a subconsultant may file an action with the Circuit or
County Court to challenge a termination under the foregoing Subsection(BX1)or
(BX2) no later than 20 calendar days after the date on which the contract was
terminated.
(5) If the City terminates the Agreement with Consultant under the foregoing
Subsection(BX1),Consultant may not be awarded a public contract for at least 1
year after the date of termination of this Agreement.
(6) Consultant is liable for any additional costs incurred by the City as a result of the
termination of this Agreement under this Section 10.9.
10.10 CONSULTANT'S COMPLIANCE WITH ANTI-HUMAN TRAFFICKING LAWS
Consultant agrees to comply with Section 787.06, Florida Statutes, as may be amended from
time to time, and has executed the Anti-Human Trafficking Affidavit, containing the certification
of compliance with anti-human trafficking laws, as required by Section 787.06(13), Florida
Statutes, a copy of which is attached hereto as Exhibit C.
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}
10.11 PROHIBITION ON CONTRACTING WITH A BUSINESS ENGAGING IN A BOYCOTT
Consultant warrants and represents that it is not currently engaged in, and will not engage in, a
boycott, as defined in Section 2-375 of the City Code. In accordance with Section 2-375.1(2)(a)
of the City Code, Consultant hereby certifies that Consultant is not currently engaged in, and for
the duration of the Agreement, will not engage in a boycott of Israel.
10.12 PROHIBITION ON CONTRACTING WITH AN INDIVIDUAL OR ENTITY WHICH HAS
PERFORMED SERVICES FOR COMPENSATION TO A CANDIDATE FOR CITY
ELECTED OFFICE
Consultant warrants and represents that, within two (2) years prior to the Effective Date,
Consultant has not received compensation for services performed for a candidate for City
elected office, as contemplated by the prohibitions and exceptions of Section 2-379 of the City
Code.
For the avoidance of doubt,the restrictions on contracting with the City pursuant to Section 2-
379 of the City Code shall not apply to the following:
(a) Any individual or entity that provides goods to a candidate for office.
(b) Any individual or entity that provides services to a candidate for office if those same
services are regularly performed by the individual or entity in the ordinary course of
business for clients or customers other than candidates for office. This includes,
without limitation, banks, telephone or internet service providers, printing companies,
event venues, restaurants, caterers, transportation providers, and office supply
vendors.
(c) Any individual or entity which performs licensed professional services (including for
example, legal or accounting services).
10.13 PROHIBITION AGAINST CONTRACTING WITH FOREIGN COUNTRIES OF
CONCERN WHEN AN INDIVIDUAL'S PERSONAL IDENTIFYING INFORMATION
MAY BE ACCESSED
Consultant hereby agrees to comply with Section 287.138, Florida Statutes, as may be
amended from time to time, which states that as of January 1, 2024,a governmental entity may
not accept a bid on, a proposal for, or a reply to, or enter into, a contract with an entity which
would grant the entity access to an individual's personal identifying information (PII), unless the
entity provides the governmental entity with an affidavit signed by an officer or representative of
the entity under penalty of perjury attesting that the entity does not meet any of the criteria in
Paragraphs 2(a)-(c) of Section 287.138, Florida Statutes. (a) the entity is owned by a
government of a foreign country of concern; (b) the government of a foreign country of concern
has a controlling interest in, the entity; or (c) the entity is organized under the laws of or has its
principal place of business in a foreign country of concern(each a"Prohibited Entity"). A foreign
country of concern is defined in Section 287.138 (1)(c), Florida Statutes, as may be amended
from time to time, as the People's Republic of China, the Russian Federation, the Islamic
Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the
Venezuelan regime of Nicolas Maduro, or the Syrian Arab Republic, including any agency of or
any other entity of significant control of such foreign country of concern. Additionally, beginning
July 1, 2025, a governmental entity may not extend or renew a contract with a Prohibited Entity.
Consultant warrants and represents that it does not fail within the definition of a Prohibited
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Entity, and as such, has caused an authorized representative of Consultant to execute the
"Prohibition Against Contracting with Entities of Foreign Countries of Concern Affidavit",
incorporated herein by reference and attached hereto as Exhibit D.
SECTION 11
NOTICES
All notices and communications in writing required or permitted hereunder, shall be delivered
personally to the representatives of the Consultant and the City listed below or may be mailed
by U.S. Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized
overnight delivery service.All notices mailed electronically to either party shall be deemed to be
sufficiently transmitted.
Until changed by notice, in writing, all such notices and communications shall be addressed as
follows:
TO CONSULTANT: Brian Casterline
IKONIQ, INC.
2370 Firehall Rd.
Canandaigua, NY 14424
Ph: 585-857-059
Email: bcasterline cnr ikoniq.com
TO CITY: Steven Anthony, Director Economic Development
1755 Meridian Avenue,Suite 200
Miami Beach, FL 33139
Ph: 305-673-7572
Email: stevenanthonyna.miamibeachfl.gov
Notice may also be provided to any other address designated by the party to receive notice if such
alternate address is provided via U.S. certified mail,return receipt requested, hand delivered,or by
overnight delivery. In the event an alternate notice address is properly provided, notice shall be
sent to such alternate address in addition to any other address which notice would otherwise be
sent, unless other delivery instruction as specifically provided for by the party entitled to notice. All
notices mailed electronically to either party shall be deemed to be sufficiently transmitted.
Notice shall be deemed given on the date of an acknowledged receipt,or, in all other cases,on the
date of receipt or refusal.
SECTION 12
MISCELLANEOUS PROVISIONS
12.1 CHANGES AND ADDITIONS
This Agreement cannot be modified or amended without the express written consent of the
parties. No modification, amendment, or alteration of the terms or conditions contained herein
shall be effective unless contained in a written document executed with the same formality and
of equal dignity herewith.
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12.2 SEVERABILITY
If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this
Agreement shall not be affected and every other term and provision of this Agreement shall be
valid and be enforced to the fullest extent permitted by law.
12.3 WAIVER OF BREACH
A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of
such provision or modification of this Agreement. A party's waiver of any breach of a provision
of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be
construed to be a modification of the terms of this Agreement.
12.4 JOINT PREPARATION
The parties hereto acknowledge that they have sought and received whatever competent advice
and counsel as was necessary for them to form a full and complete understanding of all rights
and obligations herein and that the preparation of this Agreement has been a joint effort of the
parties, the language has been agreed to by parties to express their mutual intent and the
resulting document shall not, solely as a matter of judiciat construction, be construed more
severely against one of the parties than the other.
12.5 ENTIRETY OF AGREEMENT
The City and Consultant agree that this is the entire agreement between the parties. This
Agreement supersedes all prior negotiations, correspondence, conversations, agreements or
understandings applicable to the matters contained herein, and there are no commitments,
agreements or understandings concerning the subject matter of this Agreement that are not
contained in this document. Title and paragraph headings are for convenient reference and are
not intended to confer any rights or obligations upon the parties to this Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials,as of the date first entered above.
FOR CITY. CITY OF MIAMI BEACH, FLORIDA
ATTEST:
Kaul f. 6rauak By:
rearrbranado, City Clerk Eric T. Carpente , City Manager
Date: 10/8/2025 I 8:26 EDT
FOR CONSULTANT: IKONIQ, INC
ATTEST:
By
Print Na a and Title �Od � Print Name and Title
Cam^ tkc .J ,
Date:
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
,93tkti
-,JL.City Attorney : Date
./ -
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EXHIBIT A
SCOPE OF SERVICES
Pursuant to the Request for Proposal (RFP), incorporated here by reference,lkoniq shall provide the City
with three specific portable food preparation and ancillary carts, each with specific requirements,
dimensions,and construction materials as further defined in the RFP Section A3.Specifications.
1. Fabrication Leadtime
upon project awaid lkoniq will contact the governing body and discuss in person the existing preliminary shop
drawings and compile final edits and changes required for construction and health department approval.
lkoniq will provide a project schedule indicating dates when each of the design phases.Design,Engineering.
Production.Delivery needs to be completed It is important that the project team agree to complete and sign
off on each phase within the agreed time.tkoniq will compile a list of all parties that need to sign off on
project elements pi tor to initiating the next project phase lkoniq will provide documents to the team for
review a minimum of 1 week in advance of a scheduled sign off date.
t}irestions,comments.changes will be conveyed to Wallet so that they may be addressed poor to the
schedule sign off date.
lkoniq will detail the entice project via a shareable Goot}le Sheet.The project learn wilt meet weekly,review
project status and update the project timeline when necessary.Schedule slips will be addressed
immediately.In our business.projects must always be completed by a prescribed elate,typically opening day
at a season's lust game tkoniq has always delivered out its corttMtments.
Our most recent experiences with similar piojects have taught us that a very high degree of
communication,schedule execution,and commitment by all patties to complete tasks on scheduled time
lines is essential during the early phases of the project.Early adoption of an agreed upon project timeline
is critical to keep processes on track and transparent.
For an on tittle delivery a proactrve approach to Health Code Pei mining will be requiredt
Upon project award lkoniq will contact the governing body and discuss the project and our
approach to r ecetvtnq permits.We will review preliminary designs and similar carts we
have delivered to other venues that have been approved,while seeking feedback
2. Quality Assurance
ikonrq will produce all fabricated materials in house.lkoniq is fully equipped with a metal
shop.paint shop.and solid surface shop.With the ability to fabucate all items at house.we
will be able to provide unmatched ability to monitor and control quality.
outing Fabricaoon,a full digital document set of constmction teettbactc will be sutipliecl to
the client for review.The digital document set will include progress photos of key
milestones in the fabrication process.This document set will be released weekly and will
be part of the overall project schedule.it is encouraged for a weekly review of the digital
document set with all key stakeholders.
3.Warranty
lkoniq provides a full three-year warranty on all lkoniq fabricated materials Buy-out food
service equipment warranties are per manufacturer,however,tkoniq will lie the main point
of contact to arrange for any warranty or service related items on purchased equipment.
4. Maintenance and Repair
Ikoniq will respond on site to any maintenance or repau items within 48 hours front contact
Ikoniq will provide all materials and labor horn out main facility in Canandaigua.NY
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5.Post-Warranty Repairs/Maintenance
This section will apply to any repairs and maintenance work after warranty expiration to any Ikoniq fabricated
materials.All repairs and maintenance work shalt be done in accordance with the following rate schedule:
Hourly Rate for Labor:$165.00
Parts discount from manufacturer price list(MSRP):
Response time:24 hqurs
6. Project Schedule
Design Detail&Approval 9 Weeks
Engineering&BOM Generation 3 Weeks
Fabrication&Procurement 8 Weeks
QA/QC 4 Days
Packing/Shipping-Transit Time 4 Days
Installation 3 Days
Startup/Training 2 Days
Working Days Total From Contract Execution 113
(CONTINUES ON FOLLOWING PAGE)
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Indoor 640x480nim Front Service HD LED Display BL640F1 Series Pdrarn0ters
►iaei RicA(nvnl ►t H.26 ►i N Pi 62 P1.54 Pt.N 7—t. 12.f ."_4�P).Oi Fe
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P1 Pt 25 P1 37 Pt 53 PI55 Pt$6 026 P)078 P4
AWN Coe*guraton 346100001 95601010 9r01010 942411010 56101010 14401516 - 962122121 71702127 8510212/
_ 064441Patturr6l I 000 000 540000_ 525.825 422500 360.006 780005 - I60.000 "--105.660 .62.500
Y_Module Regetutton(Pual1 ._3704460 255128 21241115 2004104 192.4_ 17265 12044 10142_ _62440
--"module Slur Ow) 3N060 320.150 370.160 .,`_220t160 370.16] 320et4b 410- -- 04100 .V._--
_ 320eW0 1?Oatdfl^ 72DtIbJ
Wiring MadelCvlyl 1640 V32 079 I26 1632 IS) j
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Cabt$I4n1 4000 410 6104460 8100 640.490 ! WA180 WONAO 64A_
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Bnghtne►e itdatl a600— _ *30 ttiop 400 1503 :600 I z1000 a1.000 20W._
Y1ew*nQ Mgie PI 140 140 •- 140 140 _ 14o 140 . . 140 '-- 140_ 140
Orgy 0ra04 tOlbl 14 _ 14 14 14 14 14 14 (4 —_�• 14
—" - _.. .AC10D AC IOP240v AC100.240Y A1:IOD 24QY AC W0240Y AC 100240Y AR100. A;100..
PgiMion Paver 210Y 240V 4f;100.740V
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(yNrt() 5410 540_ MO500 580 197 413 75t
Avg.Poxe �r Conavmer ~.�.-195 �_1%' 156 _�. 1Q6�-^ tPs to136 117 _-
MOM) 45
Frame ireadency{M2) 240 460 a60 40 z40 200 ' 201 z60 the
Rrhe7050774t771H7 23.240 4)040 23.040 e3$40 53$40 1:)140 52.440 23.540 7..3640
H11414102e00110,81W0 MI •20-••63 -20--40 20.-44 20--40 20-40 20--.60 i ' -20*40 .20-412 20-40
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EXHIBIT B
COST PROPOSAL FORM
Failure to submit Appendix 8,Cost Proposal Form,in its entirety by the deadline established for the receipt of proposals,will
result in the Proposal being deemed nonresponsive and being rejected.
Bidder affirms that the prices stated on the cost proposal form below represent the entire cost of the items in full accordance
with the requirements of this RFP.inclusive of its terms,conditions,specifications,and other requirements stated herein,and
that no claim will be made on account of any increase in wage scales,material prices,delivery delays,taxes,insurance,cost
indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in
advance.The Cost Proposal Form(Appendix B)shall be completed in its entirely All corrections on the Cost Proposal Form
(Appendix B)shall be initialed.
Total
Item
Description Ouanti U 1 fd Unit Cost o on:r X un I Coll)
1 Multi Use Front Food Cad EA 558.450.00 S 233.800.00
2 Grill Front Food Cart(With EVO Evo Event EA
48E Venttess High Effioency Gnddle) S 82,200 S 164,400,00
3 Support Food Cart EA S37,800.00 5226.800.00
GRAND TOTAL Items 1.3): 5625,000 00
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•
EXHIBIT C
ANTI-HUMAN TRAFFICKING AFFIDAVIT
In accordance with Section 787.06 (13), Florida Statutes, the undersigned, on behalf of
Consultant hereby attests under penalty of perjury that Consultant does not use coercion for
labor or services as defined in Section 787.06, Florida Statutes,entitled"Human Trafficking".
I understand that I am swearing or affirming under oath to the truthfulness of the claims made in
this affidavit and that the punishment for knowingly making a false statement includes fines
and/or imprisonment.
The undersigned is authorized to execute this affidavit on behalf of Consultant.
CONSULTANT:
IKONIQ, INC, a Nevada corporation.
2-3'7o FvL c.r`-7--D CAiJp.Npavtct)A„.
ame/Title: Ct:O= I��l.'fiQ (Address) IQ/ tt{g-z__1{
State of Nev)
County of d(�rt t.c
The foregoing instrument was acknowledged before me by means of'3hysical presence or 0
online notarization, this 25" day of ,S -TEA► 2025 by
, as , of IKONIQ, INC, a
Nevada corporation, known to me to be the person described herein, or who produced
VA t72Wyc—R'S iJL .- as identification,and whoOdid not take an oath.
NOTARY PUBLIC:
Jessica L Pritchard
(Signature Notary Public In the WooftNSW York
MIMIC*
S it-A- L.• Plc TL i 1 F1-2.0 My Commission Expires December 10,20Zt3'
pi PK-62-?-a3 z ko
(Print Name)
My commission expires: 12't 01Z02Ss
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EXHIBIT D
PROHIBITION AGAINST CONTRACTING WITH FOREIGN COUNTRIES OF CONCERN
AFFIDAVIT
In accordance with Section 287.138, Florida Statutes, incorporated herein by reference, the
undersigned, on behalf of Consultant, hereby attests under penalty of perjury that Consultant
does not meet any of the following criteria in Paragraphs 2(a)-(c)of Section 287.138, Florida Statutes:
(a)Consultant is owned by a government of a foreign country of concern;(b)the government of a foreign
country of concern has a controlling interest in Consultant; or(c) Consultant is organized under the laws
of or has its principal place of business in a foreign country of concern.
I understand that I am swearing or affirming under oath, under penalties of perjury, to the
truthfulness of the claims made in this affidavit and that the punishment for knowingly making a
false statement includes fines and/or imprisonment.
The undersigned is authorized to execute this affidavit on behalf of Consultant.
CONSULTANT:
IKONIQ, INC,a Nevada corporation.
—
2310 Clive—lrrAw CanLa.vAtc,tj.,-
me/Title: ' tAN 0. Cs reeuNC -gip ceo (Address) (0i t e.{at^z
State of - N �w2>~
County of Qt►rr'Aftt O
The foregoing instrument was acknowledged before me by means of t hysicat presence or❑
online notarization, this 25' '' day of . preps? 2025 by
1312-i ft& t STelaL I G7 , as 0..0D , of IKONIQ, INC, a
Nevada corporation, known to me to be the person described herein, or who produced
VP, f>12-ivg21s. Uc.r s6 as identification, and wh. .,g!.id not take an oath.
NOTARY PUBLIC:
Jessica L.Pritchard
(Signature) Nobly Mkb the Stateof Now York
IAMKIGSTON COUNTY,NEW YORK
-JO S!. �t -t,�O 1Ri�CloPwr�
(Print Name) �t t)eamber1o,1028
OP
My commission expires:_ I21 t p12 02$
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RESOLUTION NO. 2025-33589
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
CITY MANAGER, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO.
2025-012-DF, MIAMI BEACH CONVENTION CENTER (MBCC) PORTABLE
FOOD CONCESSION CARTS; AUTHORIZING THE ADMINISTRATION TO
ENTER INTO NEGOTIATIONS WITH IKONIQ, INC., AS THE TOP-RANKED
PROPOSER; FURTHER, IF THE ADMINISTRATION IS NOT SUCCESSFUL IN
NEGOTIATING AN AGREEMENT WITH IKONIQ, INC., AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH IOWA ROTOCAST
PLASTICS INC., AS THE SECOND RANKED PROPOSER; AND FURTHER
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN
AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY
THE ADMINISTRATION.
WHEREAS, on October 30, 2024, the Mayor and City Commission authorized the
issuance of RFP 2025-012-DF for Miami Beach Convention Center (MBCC) portable food
concession carts; and
WHEREAS, on December 16, 2024, the City received proposals from the following three
(3)firms: Culinary Depot, Inc.; lkoniq, Inc.; and, Iowa Rotocast Plastics Inc.; and
WHEREAS, the proposal submitted by Culinary Depot, Inc. was deemed non-responsive
to the RFP for failure to submit a completed Cost Proposal Form as required in the RFP and its
submittal received no further consideration; and
WHEREAS, on January 13, 2025, the City Manager appointed the Evaluation Committee
via LTC # 018-2025. The Committee comprised Francisco Garcia, Division Director, Facilities
and Fleet Management Department; Angelo Grande, Director of Venue Operations, OVG360;
Robin Jacobs, Chair, Miami Beach Convention Center Advisory Board; Danny Medina, Regional
Vice President, Sodexo Live!; and Heather Shaw, Assistant Director, Economic Development
Department; and
WHEREAS, the Evaluation Committee convened on March 10, 2025, to consider the
proposals received; and
WHEREAS, the Committee was provided an overview of the project, information relative
to the City's Cone of Silence Ordinance, the Government Sunshine Law,and general information
on the scope of services and a copy of each proposal; and
WHEREAS, the Committee was instructed to score and rank each proposal pursuant to
the evaluation criteria established in the RFP, and
WHEREAS, the evaluation process resulted in the proposers being ranked by the
Evaluation Committee in the following order:
1 - lkoniq, Inc
2"‘' - Iowa Rotocast Plastics Inc.; and
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WHEREAS,after reviewing all of the submissions and the Evaluation Committee process,
the City Manager concurs with the Evaluation Committee and finds lkoniq, Inc., the top-ranked
firm, to be the best qualified firm to provide the services;and
WHEREAS, lkoniq, Inc. has provided satisfactory services to the City as the incumbent
vendor for the services since 2018.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the City Manager, pursuant to Request for
Proposals (Rfp) No. 2025-012-Of, Miami Beach Convention Center (MBCC) portable food
concession carts; authorize the Administration to enter into negotiations with Ikoniq, Inc., as the
top-ranked proposer; further, if the Administration is not successful in negotiating an agreement
with Ikoniq, Inc., authorize the Administration to enter into negotiations with Iowa Rotocast
Plastics Inc., as the second ranked proposer; and further authorize the City Manager and City
Clerk to execute an agreement upon conclusion of successful negotiations by the Administration.
PASSED AND ADOPTED this- ) day of Apri C 2025.
ATTEST:
/V APR 2 9 2025 _
RAFAEL E. GRANADO, CITY CLERK STEVEN MEINER, MAYOR
' 'i APPROVED AS TO
(INCOItP OWED` FORM& LANGUAGE
-4, �40I & FOR XECUTION
4 •.... ...Af
City A ey Date
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Procurement Requests -C2 B
MI AMI BEACH
COMMISSION MEMORANDUM . „
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager •
DATE: April 23, 2025
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2025-012-
DF, MIAMI BEACH CONVENTION CENTER (MBCC) PORTABLE FOOD
CONCESSION CARTS:AUTHORIZING THE ADMINISTRATION TO ENTER INTO
NEGOTIATIONS WITH IKONIQ, INC., AS THE TOP-RANKED PROPOSER;
FURTHER, IF THE ADMINISTRATION IS NOT SUCCESSFUL IN NEGOTIATING
AN AGREEMENT WITH IKONIQ,INC.,AUTHORIZING THE ADMINISTRATION TO
ENTER INTO NEGOTIATIONS WITH IOWA ROTOCAST PLASTICS INC., AS THE
SECOND RANKED PROPOSER; AND FURTHER AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE AN AGREEMENT UPON
CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION.
(ECONOMIC DEVELOPMENT)
RECOMMENDATION
T he City Administration ("Administration") recommends that the Mayor and City Commission
("City Commission")approve the Resolution.
This solicitation is under the Cone of Silence.
BACKGROUND/HIST ORY
Maintaining innovative and productive services, amenities, and systems in the Miami Beach
Convention Center(MBCC)is paramount. The re-imagined facility features several open spaces
that provide an opportunity to enhance food and beverage services through the comprehensive
portable food and beverage cart program. The MBCC mood and beverage management team
seeks to add portable food concession carts to complement the current pool of carts. Ensuring
the MBCC maintains modern carts improves the sales and distribution of food and beverages
across various building layouts and improves corridor and public area traffic patterns, which
change with each event. The purpose of the portable food carts is to maximize the capture rate,
boost top-line revenues, and offer best-in-class food and beverage options.
This wide variety of food concepts becomes a selling point for the MBCC sales team because
clients and attendees are looking for memorable options. The ability to offer a diverse range of
foods and beverages will attract new clients and repeat business to the MBCC. The City desires
that the carts be designed professionally, and match existing equipment for a streamlined
appearance.
On November 14, 2018, the Mayor and City Commission approved the award of a contract
pursuant to REP 2018-249-ZD for MBCC Portable Food Concession Carts to Ikoniq, Inc. The
Agreement was executed on February 21, 2019,with a contract term of three(3)years with the
City's option to renew for two(2)additional one(1)year periods. The agreement was not extended
beyond the original three (3) year term, and expired on February 20. 2022, after the vendor
fulfilled all goods and services required.
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Through this RFP, the City sought proposals from firms that have proven experience and the
ability to deliver custom-made, high-quality food concession carts/equipment.
The City requires three (3) specific types of food and ancillary carts, each with specific
requirements,dimensions,and materials. as detailed below.
• Multi-use Front End Food Carts
• Grill Front Food Carts
• Support Food Carts
These food carts will be used in pairs—one front service cart for specific types of food preparation
or styles and one standard support cart to provide a clean-up station, food storage, and other
related functions. The awarded bidder must deliver all carts as turn-key operational,including all
specified equipment.Approximately S625,000 is budgeted for the portable food concession carts.
ANALYSIS
On October 30,2024,the Mayor and City Commission authorized the issuance of REP 2025-012-
DF for Miami Beach Convention Center(MBCC)portable food concession carts. On November
1, 2024, the RFP was issued. A voluntary pre-proposal conference was held on November 13,
2024.to provide information to proposers submitting a response. One(1)addendum was issued.
and 41 prospective bidders accessed the advertised solicitation. RFP responses were due and
received on.December 16,2024. The City received a total of three(3)proposals,listed below.
• Culinary Depot. Inc.
• lkoniq, Inc.
• Iowa Rotocast Plastics Inc.
The proposal submitted by Culinary Depot,Inc.was deemed non-responsive to the REP for failure
to submit a completed Cost Proposal Form, as required in the RFP. Therefore, its submittal
received no further consideration.
On January 13,2025,the City Manager appointed the Evaluation Committee,via LTC tt 018-2025
("The Committee"). The Committee comprised Francisco Garcia,Division Director,Facilities and
Fleet Management Department. Angelo Grande, Director of Venue Operations, OVG360; Robin
Jacobs, Chair, Miami Beach Convention Center Advisory Board; Danny Medina, Regional Vice
President, Sodexo Livel; and Heather Shaw, Assistant Director, Economic Development
Department. The Committee convened on March 10, 2025, to consider the proposals received.
The Committee was provided an overview of the project,information relative to the City's Cone of
Silence Ordinance, and the Government Sunshine Law. The Committee was also provided
general information on the scope of services and a copy of each proposal. The Committee was
instructed to score and rank each proposal pursuant to the evaluation criteria established in the
RFP. The evaluation process resulted in the ranking of proposers as indicated below and in
Attachment A.
1*" Ikoniq, Inc,
2^' Iowa Rotocast Plastics Inc.
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The Evaluation Committee resulted in Ikoniq, Inc. ("Ikoniq") as the top-ranked proposer. During
deliberations,the Committee highlighted that Ikoniq provided solutions that adhered to the RFP's
specifications.This includes the new LED screen specifications designed to enhance the MBCC's
branding. The Committee noted that Ikoniq has worked with other notable firms and agencies,
such as Live Nation,the University of Tennessee,and Tulane University.
Ikoniq, Inc. (`Ikoniq") has evolved into a prominent creator of immersive brand experiences,
particularly within the dynamic environments of sports and entertainment venues. Originating in
2009, with a foundation of crafting high-quality mobile carts, the company has expanded its
capabilities to encompass comprehensive venue-wide solutions. Through the 2010s the company
expanded into modulai kitchens. and semi-permanent builds. And into the 2020s they began to
implement Al into their designs. With a strong emphasis on innovative design, engineering, and
visual storytelling, lkoniq partners with major venues across the United States,delivering tailored
solutions that elevate food, beverage, and retail operations, solidifying their reputation for quality
and reliability. References provided by lkoniq have provided positive feedback. Further, lkoniq is
the incumbent for these goods, pursuant to RFP 2018-249-ZD, and has performed to the
satisfaction of the City.
The Evaluation Committee resulted in Iowa Rotocast Plastics Inc. as the second-ranked
proposer, to be well qualified and considered, if the negotiations with lkoniq is not successful.
Iowa Rotocast Plastics Inc. (`IRP"),incorporated in 1986. is a manufacturer and supplier of
premier merchandising equipment, including rotationally molded plastic products, wire racks,
electric refrigeration, and fabricated portables for food and beverage concessionaires. IRP has
significant experience in the design and fabrication of carts and kiosks, and IRP equipment can
be found in over 200 professional or collegiate sporting venues.Previous clients include Nashville
Soccer Plaza. UBS Arena, St. Louis City SC Stadium, First Energy Stadium, and KC Current
Stadium. References provided by IRP have provided positive feedback.
SUPPORTING SURVEY DATA
Based on the 2024 City of Miami Beach Community Satisfaction Survey,84%of local businesses
agree that the Miami Beach Convention Center contributes positively to the overall value of doing
business in the City. This RFP looks to directly address this point by further augmenting the
MBCC's offerings for attendees.
FISCAL IMPACT STATEMENT
The City's estimated budget for these goods is approximately$625,000. However,the top-ranked
proposer, lkoniq, Inc., has submitted the lowest cost to the City of $582,000, which is $43,000
less than the City's budget. Compared to the previous REP, the new proposal prices are, on
average, 98% higher. This increase reflects several key factors, including inflation and updated
specifications. Since the last RFP in 2018. the Consumer Price Index for the Miami-Ft.
Lauderdale-West Palm Beach region has risen by approximately 29%, and the new RFP includes
additionat requirements not previously considered,such as:
• Increased design and fabrication complexity, emphasizing modularity, durability, and
seamless integration with MBCCS Food and Beverage(F&B)program.
• Updates to National Fire Protection Association (NFPA) codes, which have led to the
discontinuation of previously approved ventless hood systems. requiring vendors to
propose more advanced alternatives
• Enhanced technology specifications, including integrated 2.9mm LED screens for digital
branding, which were not part of the 2018 RFP.
The resulting contract, pursuant to RFP 2025-012-DF. shall be for an initial three (3) years with
an option to renew for one(1)two-year term.
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Does this Ordinance require a Business Impact Estimate? ••
(FOR ORDINANCES ONLY)
If applicable,the Business Impact Estimate (BIE)was published on:
See BIE at: https://www.miamibeachfl.gov/city-hall/city-cterklmeetinq-notices/
FINANCIAL INFORMATION
440 0441.000674 35-422-000-00-00-00 . $625,000 00
Ls625,000.00
CONCLUSION
Based on the foregoing,the Administration recommends the Mayor and City Commission approve
the Resolution authorizing the Administration to enter into negotiations with Ikoniq. Inc., as the
top-ranked proposer. If the Administration is not successful in negotiating an agreement with
Ikoniq, Inc., authorizing the Administration to enter into negotiations with Iowa Rotocast Plastics
Inc., as the second-ranked proposer. Further, authorizing the City Manager and City Clerk to
execute an agreement upon the conclusion of successful negotiations by the Administration.
Applicable Area
South Beach
Is this a"Residents Right to Know" item, Is this item related to a G.O.Bond
pursuant to City Code Section 2-17? Project?
No No
Was this Agenda Item initially requested by a lobbyist which,as defined in Code Sec. 2-481
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s)and principal(s):
Department
Procurement
Sponsor(s)
Co-sponsor(sl
Condensed Title
Award RFP 2025-012-OF. MBCC Portable Concession Food Carts ED/PR
•
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Previous Action (For City Clerk Use Only)
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M I AM I BEACH Contract/Document Routing Form
Contract Not.r Title
25-012-01 MIAMI BEACH CONVENTION CENTER(MBCC)PORTABLE FOOD CONCESSION CARTS
•
Contractor Requesting Department
IKONIQ,INC. ECONOMIC DEVELOPMENT
Department Director r; Signature ACM Name&Sigeature" •
Steven Anthon Maria Hernandez 044Z4
Document Type(Select One)
X Type 1-Contract,amendment,change order or task order resulting from a procurement-issued competitive solicitation.
Type 2-Other contract,amendment,change order or task order not resulting from a procurement-issued competitive solicitation.
Type 3-Independent Contractor Agreement(ICA) Type 6-Tenant Agreement
Type 4-Grant agreements with the City as the recipient Type 7-Inter-governmental agency agreement
T • 5-Grant a:reements with the as the rantor Other:
Brief summary&Purpose jattac_hhmemo if additional space_is necessary)
On April 23,2024,the Mayor and City Commission adopted Resolution 2025-33589,accepting the recommendation of the City Manager
pursuant to Invitation to RFP-2025-012-DF-Miami Beach Convention Center (MBCC) Portable Food Concession Carts; authorizing the
Administration to enter into negotiations with IKONIO,INC.;and further authorizing the City Manager and City Clerk to excute an agreement
upon successful negotiations by the Administration.
The Administration succesfuly negotiated an agreement,and the agreement was form approved by the City Attorney's Office and executed
by the company.Pursuant to the authority established in Resolution 2025-33589,this item seeks the City Manager's approval to finalize the
contract execution process.
Original Tei m Renewal Periods 1 Total Term(Original*Renewals)
Three 3 ears One 1 two- ear term Five 5 ears
Funding Information
Grant Funded: X No I
State Federal Other:
Cost&Funding Source
, Year Cost Account Require Enhancement
1 625,000 440-0441-000674-35-422-000-00-00-00 Yes X No
Note:The funding for this item is budgeted in FY 2025;however due to the timing of the execution of the agreement,the expenses will be
captured in FY 2026.Therefore,the budgeted funding requesting to be rolled over to the next fiscal year to cover this item will be subject to
City Commission approval in November and is not guaranteed.
1.For contracts longer than five years,contact the Procurement Department. 2.Attach any supporting explanation needed.3.Budget
approval indicates approval for current fiscal year only.Future years are subject to City Commission approval of annual adopted operating
b ••et.
Authority to Sign
City Commission Approved: X Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date:
2025-33589 C2 B 4/23/2025
If no,explain why CC approval Is not required:
.egal Form Approved: i X Yes I No If no,explain below why form approval is not necessary:
.: S'nmpllance Approvals(see attached) •
Procurement: Grants: N/A
Kristy Bada o«wahn�Pr4>� ^
Budget: fia$teka D e tzsrEazaaq information Technology: N/A
Tameka Otto Stewart 11 t/JaZIIC SIL4/.N.A�+
Risk Management: A4M1OEE14a1. Fleet&Facilities: N/A
Human Resources N/A Other: --Doeu5 ned by Docusiened by:
Marla Estevez
}±gyp Kyle.Teijeiro U