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Professional Services Agreement between CMB & Ikoniq Inc (2) .����.� - ��35�9 Docusign Envelope ID:804F65C0-OBES-42EB-8CE0-664E2062B4D1 Docusign Envelope ID:FBE7AA72-3AD5-4A42-859A-F3AAD91 D6A83 Cont�act No.25-512-Ot PR(�FESSIONAL SERVICES AGREEMENT BETWEEN TME CITY C?F MIAM1 BEACH AND IKONIQ, INC FOF2 MiAMI BERCH CaNVENTlON CENTER(MBCC} PORTABLE FOOp CONCESSION CARTB PURSUANT 1'O RFP-2025-012-DF 10/8/2025�8:26 EDT This Professiona( 5ervices Agrcement ("AgreemenY') is entered into this �-`>{��'day of �,�P-r'�,nnf�,�~YZ , 2025("Effective Date"), between the CITY OF M1AMI BEACH, FLORIDA, a municipa( corporation organized and existing under the laws aC the State o€F(arida, having its principal offices at 1700 Conventian Center Drive, Miami Beach, Florida, 33139(the"City"}, and IKC}NIQ, INC, a Nevada corporation, whose address is 2370 Firehall Road, Canadaigua, New York 14424("ConsuftanY'�. SECTION 1 DEFtNiT10NS 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 Ecanomic Development Depariment 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 perfarmed or undertaken pursuant to the Agreement. Fee: Amouni paid to the Consultant as compensation for Services. Propasal Documents: Proposal Documents shal� mean City of Miami Beach RFP No. 2025-012- DF ("RFP") far Miami Beach Conve�tion Center Partable Food Concession Carts, together with all amendments thereto, issued by the City in contem�lation of this Agreement RFP, and the Consultant's proposa� 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 fallowing order of precedent shall prevaiL this Agreement; the RFP and the Propasal. 1 Docusign Envelope ID:804F65C0-OBE8-42E6-8CE0-B64E206264D1 Docusign Envelope ID:FBElAA72-3AQ5-4A42-859A-F3AAD9106A63 ( Contract No.25-512-01 i Risk Manager: The Risk Manager of the City, with o�ces at 1700 Convention Genter Drive, Third Floor, Miami eeach, Fiorida 33139; tefephone number (305) 673-7000, Ext. 6435; and fax number(305)673-7023. SECTION 2 SG�PE OF SERVICES 2.1 In consideration of fhe 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 foliowing person: Luis Wong,Administrative Service Manager Economic Development Department City af Miami BPach luiswonq{cr7.miarnibeachfl.qov Ph: 305-673-7572 ext.26617 Danny Medina,Vice President,Operations or Angelo Grande,Director of Venue OperaEions Sodexo Live!at dannv.medinaCa�sodexo.com anqelo qrande�a7rniamibeachconvention.com Ph: 786-382-5205 Ph:786-276-2608 2.2 ConsultanYs 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 io extend for one (1) two-year r@newal 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 tirnelines, schedules, dates, and/or periormance milestanes for comg(etion and delivery of the Services, as same islare set forth in the timeline and/or schedule referenced in Exhibit A hereto. SECT[ON 4 FEE 4.1 In consideration of the Services to b� provided, Consultant shall be compensated in accordance with the Cost Proposal attached hereto as Exhibit B and ihe payment schedule in Section 4.3. 2 Docusign Envelope ID:804F65C0-OBES-42E6-8CE0-664E2062B4D1 pocusiyn Envelope IQ�FBE7M72-3AD5-4A42-659A-F3AAQ91 D6A83 Contract No.25-512-01 4.3 PAYMENT SCHEDULE Payments shall be made according to the following deliverables/milesfones and corresponding percentages of the total contract amount. The City Manager's designee shall sign aff on project elements prior to initiating the next project phase. ___,.._--..__ ----------- --- - MILESTQNE DEUVERABLE %OF TOTAL y~4Y AMOUNT _ _----__- --_ _ _ -- -- _. _ _._ _. .... — - Design Approval & Er�gineering Completian: upon De�osit 50% $312,500 City's written approvai of final design drawings and engineering documentation. Fabrication 8�Pracurement of Materials,and 25% $156,250 Fabrication Completion: upon completion of fabrication and notification of readiness for delivery, subject to City inspection and approval. Delivery, Installation, Acceptance: upon successful 25% $i56,250 delivery, instaliation, and final acceptance of the carts by the City,as conflrmed in writing. TOTAL 100°(0 $625,000 4.4 CUMMENCEMEN7 OF WORK The issuance of a Purchase Order(PO)is contingent upon the City having issued a final written approvai 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 INVOIGING Upon receipt of an acceptable and approved invoice, payment(s)shall be made within forty-five (45) days for that portion (ar those portions) ot the Services satisfactorily rendered (and referenced in the particular invoice). The City shall rnake payment to the Contractor upon completion of the deliverables outlined in Section 4.3, provided that the Cantractar iras submitted an itemized invoice referencing the completed deliverable and a briet pragress summary,and the Ciiy has issued written canfirmation of deliverable completion. Invoices shall include a detailed description of the Services (or portions thereof) provided, and shall be submitled to the Gity at the following email address: Accounts Payable: Pavables miamibeachfl.qov and Cc to LuisWonq a('�,miamibeachfl.gov SECTION 5 TERMINATION 5.1 TERMINATION FOR CAUSE If the Cansultant sha{I 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 far cause. Prior to exercising its option to terminate for cause, the City shall notity the Consultant of its violation af the particular term�s) of this Agreement, and shall grant Gansultant ten (10) days to cure such 3 Docusign Envelope ID:804F65C0-OBE8-42E6-8CE0-B64E2062B4D1 Docusign Enveiope IQ:FBE7AA72-3AD5•4A42-859A-F3AAD91D6A83 5 Contract No.25-512-01 f ' default. if such default remains uncured after ten (10) days, the City may terminate this Agreement wfthout furfher notice to Consultant. Upan termination, the City shall be fufly discharged from any and ail liabiiities, duties, and terms arising out af, 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 entit{ed to bring any and all legallequifable actions that it deems to be in its best interest in order to enforce the City's rights and remedies against Cansultant. The City shall be entitled to recover all costs af such actions, including reasanable attomeys'fees. 5.2 TERMINATION FC?R CONVEMENCE OF THE CITY THE CITY MAY ALSQ, THROUGH ITS CITY MANAGER, AND FOR ITS GONVENIENCE ANO WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM BY GIVING WRITTEN N0710E TO CONSULTAN7 OF SUCH TERMINATION; WNICH SHAI.L BECaME EFFECTfVE WITHIN THIRTY (30) DAYS FOLLOWING RECEIPT BY THE C�NSULTANT dF 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 50LE DISCRETION, THE CITY MANAGER, PURSUANT TO A VERBAL OR WRITTEN NOTIFICATION TO CQNSUI.TANT, MAY IMMEDIATELY SUSPEND THE SERVICES UNDER 7HIS AGREEMENT FOR A TtME GERTAIN, OR IN THE ALTERNATIVE, TERMINATE THIS AGREEMENT ON A GIVEN DATE. IF THE AGREEMEN7 IS TERMINATEQ FOR CONVENIENCE BY THE CITY, GONSULTANT SHALL BE PAID FOR ANY SERVICES SA7ISFACTORI�Y PERFORMED UP TQ THE DATE OF TERMINATION; FOLLOWING WHICN THE GITY SHALL BE DISCHARGED FROM ANY AND ALL L.IABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT. 5.3 TERMINATIUN FOR INSOLVENCY The City also reserves the right to terminate the Agreement in the event the Consultant is placed either in valuntary or involuntary bankruptcy or makas an assignment for the benefit of r,reditors. In such event, ihc�right and obligations for the parFies shall be the same as provided for in Section 5.2. SECTION 6 INDEMNIFICATIOfV AND INSURANCE REQUIREMENTS 6.1 INDEMIVIFICATION 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, bui not limited to, attorneys' fees and casts, for personal, economic or bodily injury, wrongful death, loss of or damage to property, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, its o�cers, employees, agents, contractors, or any other person ar entity acting under ConsultanYs control or supervision, in connection with, related to, or as a result of thc Consulkant's performance of the Scrvices pursuant to this Agreement. To that extent, the Consultant shall pay all such claims and losses 4 Docusign Envelope ID:804F65C0-OBE8-42EB-8CE0-664E2062B4D1 Docusign Envelope IU:FBE7AA72-3A05-4A42-859A-F3AAD91D6A83 Contract No.25-512-01 i and shail pay all s�ch costs and judgments which may issue from any lawsuit arising from such i claims and losses, and shail pay ail costs and atforneys' fees expended by the Cily in the defense af such ciaims and losses, including appeals. The Consultant exp�essly undersfands and agrees that any insurance protection required by this Agreement or otherwise provided by the Consulfant shall in no way limit the Consultant's responsibility to indemnify, keep and save harmless and defend the City or iis officers, employees, agents and instrumentalities as herein provided. The parties agree that one percent (1%) of the total compensation to Gonsultant for performance of the Services under this Agreement is the specific consideration from the Ciry to the Consultant for the Consu(tanPs indemnity agreement. The provisions of this Section 6.1 and of ihis indemnification shall survive termination or expiration of this Agreement. 6.2 INSURANCE REQUIREMENTS The Gonsultanf shall maintain and carry in full force during the Term, the following insurance: A. Commercial General Liability an 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' l.iability, as required pursuant to Chapier 440, Florida Stafutes.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 a�tomobiles, then coverage for hired and non-owned automobiles, with a limit of no less than$1,QOO,OOQ 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, parls, or equipment furnished in connection with such work or operations and autamobites owned, ieased, 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 cancefled, except with notice to the City of Miami Beach c!o EXIGIS Insurance Compliance Services. Consultant agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. Hawever, this provision applies regardless of whether the City has received a waiver of subrogation endorsement from fhe 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 a�ifhorized to do insurance business in the State of Flarida. Cansuitant 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 endarsements are ta be received and approved by the City before work commences. However, failurs to obtain the required documents prior to the work beginning shall not waive the ConsultanYs obligation to provide them. The City reserves the right to 5 Docusign Envelope ID:804F65C0-OBES-42E6-8CE0-664E2062B4D1 Docusign Envelnpe ID:FBE7AA72-3AD5-4A42-859A-F3AAD91D6AB3 i Contract No.25-512-01 require complete, certified copies of all required insurance policies, including endarsements, required by these specifications,at any time. CERTIFICATE HOLDER ON ALl COI MUS7 READ: CITY C)F MIAMI BEACH c/o 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: Certificales-miamibeach a(�.riskworks.com The City of Miami Beach reserves the right to modify ihese 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. SEC1'ION 7 UTIGATION JURISDICTIONNENUElJURY 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 LIMI7ATION OF CITY'S LIABILITY The City desires ta 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 wil�ingness to enter into this Agreement with ConsultanYs recovery from the City for any damage action for breach of contract to be limited to a maximum amount af$1�,OOd. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the Ciiy shall not be liable to the Consultant for damages in an amount in excess of $10,000 for any action or claim ior bre�ch of contract arising out of the performance or non-performance of ar�y obligations imposed upon the City by this Agreement. Nothing contained in this section or elsewhere in this Agreement is in any way intended ta be a waiver of the Iimitation placed upon the City's liability, as set forth in Section 76�.28, Florida Statutes. 6 Docusign Envelope ID:804F65C0-OBES-42EB-8CE0-864E2062B4D1 �ocusign Envelopa Ip:FBE7AA72-3AD5-4A42-859A-F3AA091D6A83 Conlract No.25-512-Ot SECTION 9 DUTY OF CARElCOMPLIANCE WITN APPLICABI�� LAWSlPATENT RIGHTS• CQPYRIGHT• AND CONFIDENTIAL FINDINGS 9.1 DUTY(?F CARE With respect to the performance of the Services contemplated herein, Consultant shall exercise that degree of skilf, care, efficiency and diligence normaliy exercised by reasonable persons andlor recognized professionais with respect to the performance of comparabie work and/or services. 9.2 COMPLIANCE WITN APPLICABLE LAWS In its performance of the Services, Consultant shall camply with all applicabie laws, ordinances, and regulaiions of the Gity, Miami-Dade Coun(y, the State of Fiorida, and the federal government, as applicable. 9.3 PATENT RtGHTS• COPYRIGHT• CONFIDENTIAL FINDINGS Any work product arising out of this Agreement, as weil as ali infarmation specificatians, processes, data and findings, are intended to be the property of the City and shail not otherwise be made public and/or disseminated by Consuitanf, without the prior written consent of the City Manager, excepting any information, records etc.which are required to be disciosed pursuant to Court�rder and/or Florida Public Records Law. AN repo�fs, documents, articles, devices, and/or work produced in whole or in part undar this Agreement are intended to be the sole and exclusive property of the City, and shail not be subject to any application for copyright or patent by or on behalf of the Consuitant or its employees or sub-consultants,without the prior written consent of the Gity Manager. SECT(ON 10 GENERAL PROVtSI�NS 10.1 AUDIT ANq INSPEC710NS Upon reasonable verbal or written notice to Consultant, and at any time during normal business hours (i.e. 9AM — SPM, Monday through Fridays, excluding nationally recognized holidays), and as offen as the City Manager may, in hislher reasonable discretion and judgment, deem necessary, there sMa(I be made available to the City Manager, and/or such representatives as the City Manage�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 matiers covered by this Agreement. Gonsultant 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 INSPECTQR GENERAL AUDIT RtGHTS (A) Pursuant to Section 2-256 of the Code of the City of Miami 8each, the City has establishe8 the {�fiice of the Inspector General which may, on a random basis, perform 7 Docusign Envelope ID:804F65C0-OBE8-42EB-8CE0-664E2062B4D1 Docusign Enveiope ID'FBE7AA723AD5-4A42-859A-F3AAD91D6AB3 Contract No.25-512-01 reviews, audits, inspections and investigations on ali 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. (B) 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 Gencral 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 incfude a report concerning whether the projeci 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 O�ce of Inspector General. (Cj Upon ten (10) days written notice to the Consultant, th� Consultant shall make all requested records and documents available to the Inspector General for inspection and copying. 7he 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, Ciry staff and elected officials to ensure compliance with the contract documents and to detect fraud ared eorruption. (Q) 7he Inspector Generat shall have the right to inspect and copy all documents and records in the ConsultanYs 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} 7he Consultant shalf make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this Agreemenl, 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 addiiion: 8 Docusign Envelope ID:804F65C0-OBE8-42E6-8CE0-664E2062B4D1 Docusign Envelope ID:FBE7AA72-3AD5-4A42-859A-F3AAD91D6AB3 Conlract No.25-512-01 i. If this Agreement is completely or partially terminated, the Consultant shall make available records re(ating to the work terminated untii three (3) years after any resulting final termination settlement; and ii. The Consultant shalf make available records relating to appeals or to titigation 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 suppllers. 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 poRion 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 PUBLIG 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(3)(a) Florida Statute on Public Entity Crimes with the City's Procurement Division. 10.5 NO DtSCRIMINATION In connection with the performance of the Services, the Consultant shall not exclude from participation in, deny the benefits of, or subjeci 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 actua) 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 t�e governed by all applicable Miami-Dade County Conflict of Interest Ordinances and Ethics provisions, as set fo►th in the Miami-Dade County 9 Docusign Envelope ID:804F65C0-OBES-42E6-8CE0-664E206264D1 Docusign Envelope IQ:FBE7AA72-3AD5-4A42-859A-F3AAD91D6AB3 i Con►ract No.25-512-01 Code, as rnay be amended from time to time; and by the City oi Miami Beach Charter and Code, as may be amended trom time to time; both of which are incorporated by reference as if fully set forth herein. Consuftant covenants that it presently has no interest and shall not acquire any interest, directly or indirectiy, which couEd conflict in any manner ar degree with the performance of the Services. Consultant further covenants that in the performance of this Agreement, Consultant shall not ernploy any person having any such interest. .10.7 CONSULTANT'S COMPLIANCE WITN FLORIDA PUBLtC RECORDS LAW (A) Consuitant shali comply with Flarida �'ubiic Records law under Chapter 119, Flarida Statutes, as may be amended from time to time. (B} The term "public records"shall have the meaning set forlh in Section 119.011(12),which means all documents, papers, letters, rr�aps, 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 transactian of official business of the City. (C} Pursuant ta Sectian 119.0701 of the Florida Statutes, if the Consultant meets the definition of°Contractor"as defined in Section 119.0701(1)(a), fhe Consultant shall: (1) Keep and maintain public records required by the City to perform the service; (2) Upon request frorn 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 oopied within a reasonable time at a cost that d�es 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 requiraments 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, tra�sfer, at no cost to the Ciiy, 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 transiers all public recards to the City upon complelion of the l�greement, the Consultant shafl destroy any duplicate public records that are exempt or confidential and exernpt from public records disclosure requirerr�ents. If ihe Consultant keeps and maintains public recards upon completion of the Agreement, the Consultant shaA meet all applicable requirements tor retaining public records. All records stored electronically must be provided to the City, upon request from the City's custadian of public reCords, in a format that is campatible with the information technology systems of tha City. (D) REQUEST FOR RECQRDS; NONCOMPLIANGE. (1) A request to inspect or copy public records relating to the City's contract for services must be made directfy to the City. (f the City does not possess the requested records, the City shall immediately natify the Consu{tant of the request, and the Consultant must provide the records to the City or allow ihe records to be inspected or copied within a reasoiiable time. (2) ConsuitanYs failure tv c�rriply with the City's request for records shall constitute a breach of this Agreement, and the City, at its sole discretion, may: (1)unilatera�Iy 10 Docusign Envelope ID:804F65C0-OBES-42EB-8CE0-664E2062B4D1 Docusign Envelope ID:FBElAA72-3AD5-4AA2-859A-F3AAD97Q6A83 Cor�tract No.?5-51?-01 t�rmin�te tYtic Agreement; (2) avail itself af thc� remedies set forth under the Agreement; ancl/or(3)avail itseif of any available remedies at law or ir�equity. (3) !� Consultant who fails to provide the publie records to the City within a reasonable time may ba subject ta penait±es under s. 119.10. (E} CiVIL ACTION. (1} If a civil�ctian is filed against a Consultar7t to compei praduction o(put�lic records relating to the City's contract for servic�s, the caurt shail a$sess and award against the C:ansuitant ihe reasonable c,osts nf enforcement, inc(uding reason�bie attorneys`fees, if: a. The court determines that ihe Cansultant unlawfully refused to comply with �he public rscords request wiihin a reasonabie time;and b. At least 8 business days before Fifing the action, the plaintiff provided written notic� af the pubHc records request, mcluding a statement that the Gonsultant has not complied with the request, to the City and to the CO(1SUIt�3flt. (2} A notice complies with subparagraph {1}(b} if it is sent to the City's custodian of �ublic r�corcls and to the Consultant at the Consultant's address list�d on its contract with the City ar to ►he Gonsuitant's registered agent. Such notices must be sent by common carrier delivery senrice ar by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the s�nder �nd with evidence af delivery, which rnay be in an electronic format. (3) A Cansultant wh� complies with a public recc�rds request within 8 business days atter the natice is sant is not liable for the reasonable costs of enforcement. (F� IF TNE GONSUL.TANT HAS QUESTIONS REGARDING THE APPLIGATiOM QF CHAPT�R 119, F�.QR{DA STATUTES, OR AS TO THE GQNSULTAiJT'S CtUTY TO PRf�VIDE PUBLIG RECORDS RELATt�IG TO THIS AGi2EEMENT, CQNTACT THE CUSTOQIAN Cl� PUBLIC RECt7RDS AT: CiTY C1F IVIIAMI BEACH ATTENTfON: RAFAEL E. GRANADO, ClTY CLERK 170Q �C}hJVE�ITtt�N CENT�R DRiVE MlAI1�1 BEAGl�t, F'l..Q�tID,� 33139 E-MAIL: RA�A�L.t,�RANADO c��MIAMIBEACHFL.GOV P'MONE: 3Q5�•673-7411 1�.8 FQf2CE MAJEURE (A) A"Force Majeure'� �vent is an event tt�at (i) in fa�t causes a delay in fhe perforrnance of the Cansultar�t or the City`s obligations under the Agreerr►ent, ancl (ii) is beyond the reasonable control of such party unable to �erfonn the obligation, and (iii) is riot due to �n intantianal act, error, omissipn, ar negligenre of such pa�-ty, and (iv) ro�dd nat havP reasor��bty beE;n foreseen and prepared far by sur,h party at any time prior to khe occurrence of the event. Subject to the foregoing criteria, Force Majeure may include events such �s war, civil insurreetion, riot, flr�s, epidemics, {�andemics, terrorisn�, 11 Docusign Envelope ID:804F65C0-OBE8-42E6-8CE0-664E206264D1 Dxusign Envelope fD:FBE7AA72-3AD5-4A42-859A-F3AAD91D6AB3 Contract No.25-512-01 sabotage, expfosions, embargo restrictions, quarantine resirictions, transportation accidents, strikes, strong hurricanes or fornadoes, earthquakes, ar other acts of God which prevent performance. Force Majeure shall nof include technological impossibility, inciement weather, or failure to secure any of the required permits pursuant to the Agreement. (B} If the Gity or Consultant's performance of its contractual obiigations is prevented or defayed by an evenf believed by to be Forc� Majeure, such pa�ty shall immediately, upon learning af 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 nf the event. The timely delivery of the notice of the nccurrence of a Farce Rrlajeure 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 proaf of the occurrence of a Force Majeure event shall be on the requesting party. (C) Na party hereto shall be liable for its failure ta 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 evenf 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 nof affected or are only partial(y affected by the Force Majeure event, and to correct or cure the event or candition 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 a!I reasonable dispatch. (D} Obtigations pursuant to the Agreement thaf 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 ta 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 �n 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 ta Consultant af such termination. If the Agreement is terminated pursuani 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 Agreernent. In no event will any condition of Force Majeure extend this Agreement beyond iis stated term. 12 Docusign Envelope ID:804F65C0-OBE8-42E6-8CE0-664E2062B4D1 Oocusign Envelopa ID:FBE7AA72-3AD5-4A42-859A-F3AAD91D6AB3 Contract No.25-512-Ot 10.8 E-VERIFY (A) 7o 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 shal! expressly require any subconsultant performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Momeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subconsultant. If Consultant enEers 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 �r 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 shall 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. ConsultanYs 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 (D}(2) 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(B)(1), 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 Affiidavit, containing the certification of compliance with anti-human tra�cking laws, as required by Section 787.06(13), Florida Statutes, a copy of which is attached hereto as Exhibit C. 13 Docusign Envelope ID:804F65C0-OBES-42E6-8CE0-B64E206284D1 Docusign Enveiope 10:FBE7AA72-3A05-4A42-859A-F3AA091D6A83 � Gonlract No.25-512-01 i I 10.11 PROHIBITlON ON CONTRACTING WITH A BUSINESS ENGAGING !N A BOYCOTT Consu{tant warrants and represents that it is not currently engaged in, and wii! not engage in, a boycott, as defined in Seciion 2-375 of the City Code. In accordance with Section 2-375.1(2)(a) of the City Code, Gonsultant hereby ceriifies that Consultant is not currently engaged in, and for the duration of the Agreement,wili not engage in a boycatt of Israel. 10.12 PRt�HI61TlON ON CONTRACTING WITH AN INDIVIDUAL OR ENTITY WHICH HAS PERFORMED SERVICES FOR GOMPENSATION TO A CANDIDATE FOR CIl'Y ELECTED OFFtCE Consuitant warrants and repres�nts that, within two {2) years prior to the Effective Date, Consultant has nat received campensation for services perforrned for a candidate far 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 applv to the following: (a} Any individual or entiiy 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 client$ or customers other than candidates for office. 7his includes, without limitation, banks, teiephone 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 COUtVTR1ES OF CONCERN WNEN AN INDIVIDUAL'S PERSONAL IDENTIFYING INFORMATION MAY BE ACCESSED Consultant hereby agrees to compiy with Sectian 287.138, Florida Statutes, as may be amended from fime ta time,which states ttiat 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 persanal identifying information {PII), unless the entity provides the governmental entiry with an affidavit signed by an officer or repres�:ntative of the entity under pena(ty 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 principa! place of business in a foreign counfry 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 wifh a Prohibited Entiry. Consu(tant warrants and represenfs that it does not fail within the definition of a Prohibited 14 Docusign Envelope ID:804F65C0-OBES-42EB-8CE0-664E2062B4D1 Uocusign Envelope 10:FBE7AA72-3ADr4A42-859A-F3AA091D6AB3 Contract No.25-512-01 Entity, and as such, has caused an authorized representative of Consultant to execute the "Prohibition Against Contracting with Entities of Foreign Countries of Concern AffidaviY', 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 aC�,ikoniq.com TO CITY: Steven Anthony, Director Economic Development 1755 Meridian Avenue,Suite 200 Miami Beach, FL 33139 Ph: 305-673-7572 Email: stevenanthony(c@miamibeachfl.qov Notice may also be provided to any other address designated by the party to receive notice if such altemate 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 oiher address which notice would otherwise be sent, unless other delivery instruction as specificatly provided for by the pa�ty 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 MISGELLANEOUS PROVISIONS 12.1 CHANGES AND ADDITIONS This Agreement cannot be modified or amended without the express written consent of the pa�ties. 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. 15 Docusign Envelope ID:804F65C0-OBES-42E6-8CE0-B64E2062B4D1 Docusign Envelope ID:FBE7AA72-3AD:r4A42-859A-F3AAD91D6AB3 Contract No.25-5'12-01 12.2 SEVERABILI7Y If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shafl 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 6REACH A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such pravision ar modification of this Agreement. A parky's waiver of any breach of a provision of this Agreement shal! not be deemed a waiver of any subsequent breach and shall not be cor�strued to be a modification of the terms of this Agreement. 12.4 JC?lNT PREPARATION The parties hereto acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them io fo�m a full and complete understanding of all rights and obligations herein and that the preparation of this Agreem�nt has been a joint effo�t of the parties, the language has been agreed to by parties to express their mutual intent and the resulting document shail not, solely as a matter of judicial constructio�, be canstrued 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 subjact 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 fo this Agreement. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANKj 16 Docusign Envelope ID:804F65C0-OBE8-42E6-8CE0-664E2062B4D1 Docusign Envelope ID:FBE7AA72-3AD5-4A42-859A-F3AAD91D6AB3 Gonti a�;t^Jo.2;i-512-O i IN WITNESS WN��EC}�, the �.»rties herelo t��ve caused this A,yr�cm�nt ic�be exec�ted hy kheir appropriat�a s�fficials, as raf the�iate first entcred abave. FQl� C,ITY, CiTY OF M[AMI BEACH, FLORIDA f�l�7 ES7 /� .�"� n«�s�o�ea ey: �" Ka�ac,l. �, G►^ain.ad�e r f Y t'__.l'�... f� � �F�BBBA BEflS=-0 � ..._.._ .. . ......_. ._...__�_.__.. . F2<������- �r�it;-�dn C";ily('�r,rk {=_ric T'. C�tpr-rik = C`ily A�ian�ir��.r �}�{�; 10/8/2025�8:26 EDT FOR CC�NSUL.TANI:: (K(�NfQ, iNC �TTESI': � \ _ � �`''�'� .�._ ..�_...._. ____ __._.._ �Y� _� ..__. __:_--.. --_.. __ _ ___._� lr_lZt�t�.�,� 1?��r'-�,�l�__.__ ___ — ���/�i��U..•_ ._�-�'`�"f_�'�?t_�ti..7� F'rint Nani��nd I itfe ��� _,��� Prir7t Name�rui l��itic (� �C7 � t tC_�t�.ai p� Dare� __��_.Z.�'-',�.�L��i___ _� AF�f�f2C�VED AS TO FORM & I.ANGUAr,� & FOf2 EXE�IJT�ION ,_ r �,,,...._ + � � ^��`r---,_ �' • _�'1'CS ? t��__.�__-- =� �--�- _�.�1Gity Attorney '<<:',h� Date 1 � �� Docusign Envelope ID:804F65C0-OBE8-42E6-8CE0-664E2062B4D1 �acusign Envelope Ip FBE7AA72-3AD5-4A42-859A-F3AAD91D6A83 Contract No.25-512-01 EXHIBIT A SCOPE OF SERVICES Pursuant to ihe Request for Proposal(RFP),incorporated here by reference,Ikoniq shall provide the City with three specific partable fooci 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 ativa�d ikonin wiU contact the goveimng bocly and disc�is;ni person the ex�stm�p�elxnmaiy:hup dra�vin�s and comp�le 6nai edits and chan�es reqwred for constiuction and heailh deparimenl a{��ioval. Ikoiuq�vdl provide a pioject schedule indicatin�dates when each of the desi�n phases,Oesi�n,En�ineeiiiiq, Pracluc�ion,Deiivery needs to bN r_omplered It i;imponain ihat the project team a9rea to complete and siyn off on ench��liase withpi the a�ieed time.Ikoniq vrill compile a fist of all�x+rties that need to sic�n off on pro�ecl elements�H ior ro iniu2ting Ihe next project��hase ikoniq will provide docume�its to ihe team foi review a minimum ol 1 week in adva�ice of a scliecluted si9n off date. Questfons,conmients,chanqes wi(I be caweyecl ro Ikornq so that�hey may t�e acldressecl pnor to the schedule sign o(f date. Ikoniy will dwail lhe en�iie project via a shaieable Gooyle Stiee�.The�Noject team will meet weekly,revie�v Project status and u�date the project timeline when necess2ry.Schedule slips will be 2ciclressed immediaiefy.in our business,P�ojects must ahvays I>e completed by a prescribed clate,typically o��iin9 day o�a seasais fu�l yame Ikonip has ahvay;delivered on ils coirrnitments. Our most recent expencnces wiih simil�r�nojects have tau�lu us ihat a very high degree of comnwnication,schedide executlai,a�xl conumtment by all parties to complete tasks ai schectuled time lines is essential dur in�the early phases of the project.Eaily adq�tia�of an ayreed upon prqect timeline is critical to keep�xocesses on track and trarupare��t. For an on tnne delivery a proacUve approach to Health Code Peimitting will be iequired. Upon pwject awerd tkoniq will contact the 9overnux�baly and dicci�ss the project and oui aPP���ch to i eceivinq pennits.We�v�ll rev�ew preluninary designs aixl similar carts we have clelivered to other venues that liave been approved,whde seekin�feedback 2. Quality Assurance Ikornq wdl Uroduce all(26ncated matenals in house.Ikun�q is hdly equipped wdh a metaf shop.paint shop,and solid surtace shop.With the ahility to fabncate all items m house,we tvill be able to pwvide unmatched ability to�nonito�and conlwl qualily. Uurin9 Fabrication.a fidl digital document se10(conslructio��feecU�ack will be suppliecl lo Ihe client for review.The digital docume�it aet will include proqress photos o(key milestones in the fabrication piocess.This doCument set will I�e�eleasecl weekly and will be part of the overall p�oject schedule.It is encoivac�ed fo�a weekly ievie�:�oi the digital document set�vith all key;�akeholders. 3. Warranty Ikoniq piovides a full Ihrae yeai wananty on all Ikornq f�hiicated maieiials Buy�o�rt foocl service equipment ivai ianties are pe�maiiutaclwei,howevei,ikoni�will be�he main poim of eontact tu arrange for any wananiy oi service ielatecl itenis on pwcliasecl equiument. 4. Maintenance and Repair Ikoniq will iespond on site to aiiy ma�ntenance or repan items wilh�n 48 hows from contact Ika�iy�vill proviile ail ni�terials ai�d lal�tiom ow main facilily ui Canandaiyua.NY 'I 8 Docusign Envelope ID:804F65C0-OBE8-42EB-SCEO-664E206264D1 Docusign Envelope ID:FBE7AA72-3AD5-4A42-859A-F3AALl91 D6A83 � i Contracl No.25-512-01 5. Post-Warranty Repairs/Maintenance This sectian will apply to any repairs and maintenance work after warranty expiratian to any Ikoniq fabricated materiais.Ail repai�s and maintenance work shall be done in accordance with the foliowing rate schedule: Houriy Rate for Labor:$165.00 Parts discount from manufacturer price list(MSRP):15°ia Response time:2A oy� 6. Project Schedule Design Detail&Approvat 9 Weeks Engineering&BOM Generation 3 Weeks Fabrication&Procurement 8 Weeks QA/QG 4 Days Packing/Shipping-Transit Time 4 Days Installation 3 Days Startup f Training 2 Days Working Days Total From Contract Execution 113 (CC1NTfNUES ON FO�LOWING PAC�E) 19 o nlp�g �aFs��]'(I�',2��.s7�' �iBt �'���..i � � r S m���jy. "t � . ! �, x i84��_`�8�F �.i�' �15� �V�M�,�I � {� � � # fl _...; !$ 1� � 2' `f q� ��' o , �� ���} n.� U ���� ��i� ���;� z:," �� � ; 8� , � �'F'�P -r y� , , .^i t_ . ,. ., • � L W „.- �. ' %>— t � m �a�y � �� �}������ �� � � ��� f _ ..+ Y i,G t i i3 ``�0'�1 � F, Y3�Z�� t a � i .. <`"c� . i:G�.- . d'ZJ �����,\ ;4' ! �`f `` � K- • � �'� . �� ��. _ . _{ e . .-- - _' . . .�' ... � y 4 > ; J za4�o� �(� s� ��a��i^1� �( �� � � { � $��i r � m � � � � � K"� � � �`:{f� c �_� i , i � � • i � m i� �'�`� � �3� �joi '�' �''�� ��� � � �: � ���i E . Q �o� a. � .�i'4 � �n � �� i ;3 k�: 0 "{ td� p '�,i�� }i[`S�F4 �E " � � �g�� � m �a �a''i� �E�'k`�i� ��~�,'�' g�'i �� � ` � ��m�#�'•�,2�; V j � � I f � `{' . y . ; '" � . � "T"t."f � d c ^ "I� ���t�f� �'� ��{� �� � � ���F�� ; �' �=E� } m C�] " �'i� � � "" ' Fs4�' � •. •r�$�%� N � lo � k � � �{ �' W � e 3 ,m4 �nl3i� � ' � ` k „�g'.�at fn a� �.• � � ��� � �. � � p ~�� � I �: � � � � ; � � m � � 'a�x'-!���;�I�i` �f � s ' � Mj� °° � x ' _E ' :._1_._� � �` � i O � O t"�� , i � t °u �' ? � f�' � i8 � � ��� -` m Q o �� ��4�'�5����xi�,�I �t^j`�'`y�"� � � �jvtt�,`s`. N � � . ' 7^...1...�.«�—+-.-.'..� ,,—}—i--'� � d . �j �� � �;�� ; � i.� �.�.€ R w `��' =' #� '� a;�js � x'�� ' � �e �� � �i� � �z �S a t �a Q �• e O � a� � �Ti.R��i1T�1�`i � �� .i a�OI 6 V�E )•E ���IS�a � � � � � � � = y �� a �`� � W _ Vi � �:�� �,�.; s�,r�� �. � � �`✓!$Y �,.G�p �', � !�� ; � i, � v } a �� 4i LL m : ia c� '� •'E IC`,:u;� m`� . i !r �a 1. t`. O .. :_ , ', ; � ' E � . S '.a' .`�?�: ; 0 � 3 pp : ... ... � .._.�s_. � ,._...;.. _ ._ ._... . �.....____ ....._.. ._..._..._ ..__...�., ❑ �`il. — O N a > o c � � > c c � W �, C V � � 7 � U O � Docusign Envelope ID:804F65C0-OBE8-42E6-8CE0-B64E2062B4D1 Docusign Envelope ID:FBE7AA723AD5-4A42-859A-F3AAD91D6AB3 Contract No.25-512-01 I EXHIBIT B COST PR�POSAL FORM . •..� . , . � . .�.: � �: � ! Bidder afCirms Ihat lhe pnces staietl on.!he cost propns�l�forn�beiow represeN Ihe enlire ccst r,f�he items in full accordance �v�th the�equiremenls ot this RFP,indusivF of iks terrns conditions,specificat�ons,and oii�er reyuire!uenls sta(ed herex�.and that no daim wili be made on account oi any inerease in�vage scales,materiai prices,delivery delays,taxes,msurance,cost �ndexes a any other unless a cast escalalion p�ovision is allowed hereui and has beon exercised by lhe City Manager in advance.The Cost Proposal Form(Appendix 9�shall be completed in its enlirely All correctwns on the Cost Proposal Fam (Appendix Ba shall he miUaletl. + A w T!� �. 1 a✓,.a-:��'..... .A..:Lw M....����, i ��ulii Use Fronf Food Cart 4 EA 55ts,tE,O" - -------- ------_ ._ _ 2 Grill Front Faad Ca�t(�h'ith EVQ Evo EVent 2 EA 48E Ventiess High ENicaen�Gnddie)________ �_���_ g 82•2� g 1Gd,400.Q0 .__._ _.____._�___ _.____.--------.— 3 Support Food Cart 6 EA 5 37.800.00 S 226.800.W , � . . g625.000,Od 26 Docusign Envelope ID:804F65C0-OBE8-42E6-SCEO-B64E2062B4D1 Docusign Envelope ID:FBE7AA72-3AD5-4A42-859A-F3AAD91p6AB3 Contract No.25-512-01 EXHIBIT C ANTI-HUMAN TRAFFICKING AFFlDAVIT In accordance with Seciion 787.06 (13}, Flarida Statutes, the undersigned, on behaff of Consuftant 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&wearing 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 imprisanment. The undersigned is authorized ta execute this affidavit on behaif of Gonsultant. GONSULTANT: IKONlQ, INC, a Nevada corporatian. "�„� � �'�.,.. � 2�3�e> ���rtr�u.- �� c�a�p•�cc-�uprt amelTitle: C�_�_�Q��� (Address) NY (��i� State of �1�� �( / County of �(�,��,G�� The foregoing instrument was acknowledged before me by means of�hysical presence or O oniine notarization, this �5� day of ��p-r-�n�r-�2 2025 by g�2.ix� C`-�ar�L�v`'� �, as C,rco , of IKONIQ, INC, a Nevada corporation, known to me to ba the person described herein, or who produced �C� D2�V�R�S �It�J� ,�as identification, and wh�did not take an oath. NOTARY PUBLIC: �=���n�� J� Jessica L,.Ptitci�M (Signature) tio�y�,ewc�r tne�.ottwwron� LMNGSTQN COIiNT"l,NEW YOR1t �`GSS lt-� t—� P2�7L(-1-A-(i..D MY Commission Exphes Decemberl0,20Z$" (Print Name) ���'�-E'��3�Z`° My commission expires: ►� ►� 2o2Ss 27 Docusign Envelope ID:804F65C0-OBE8-42EB-8CE0-B64E2062B4D1 Docusign Envelope ID:F8E7AA7'L-3A05--0A42-R59A-F3AAD91DBA63 i Contract No.25-512-01 ; exHiair o PROHIBITION AGAiNST CONTRACTING WITH FOREIGN CpUNTRIES OF CONCERN AFFIDAVIT ln accordance with Section 287.138, Florida Statutes, incorporated herein by reference, the undersigned, on behaif of Consultant, hereby attests under penalty of perjury that Consultant doeS rlot meet any of the foliowing criteria in Paragraphs 2{a)-(c� of Section 287.138, Florida Statutes: (a)Consuitant is owned by a government of a foreign country of concern;(b)the government of a foreign country of concern has a controiling interesi in Consultant; or(c) Consullant is organized under the laws of or has its principai place of business in a foreign country of concern. i understand that ( am swearing or aKrming under oath, under penalties of perjury, to the truthfutness of the claims made in this affidavit and that the punishment for knowingiy making a false statement includes fines andJor imprisonment. The undersigned is authorized to execute this affidavit an behalf of Consultant. CD N SULTANT: IKOMQ, INC,a Nevada carporation. _ _23'10 F��.�.t�tt4w__2t�___ Gan�P+kcc�a�►-, me/Tit{e: �g.sA-{v 1�. C,t'���NC -� C�o (Address) - NY lH�-i2'�- State of N� '��2.� Gounty of Qh.x'Or2a� The foregoing instrument was acknowledged before me by means af f�'physical presence or❑ online notarization, this 2-5�"' day of .StclC�-rrm�3�? 2025 by �,Qfxt�a es�-S-C���-�N� , as�:z� , of IKONIQ, WC, a Nevada corporatio�, known to me to be the perso� described herein, or who praduced V A� s����-�s Uc.�ras� as identification, and who��,'id",Qdid not take an oath. NOTARY PUBLIC: c�`�.--r-�..,�.--�� Jessica L.Pritchard (S ignature) Nolliry Publk tn the Stita of New Yotk 11VMiGSTON COUNiM,NEW YORK p,� My Cammluion F.Yptres December 10�202.8' ..1�S1�-� ("-��D �I PR-to2.�-33Z�c (Print Name) My commissio�expires: t2 �o �-o2g 28 Docusign Envelope ID:804F65C0-OBE8-42E6-8CE0-664E2062B4D1 Docusign Enveiope ID�FBE7AA72-3AD5-4A42-859A-F3AAD91D6AB3 RESOLUTION NO. 2025-33589 A RESULUTION 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 IK�NIQ, INC., AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WfTH IOWA ROTOCAST PLASTICS INC., AS THE SECOND RANKED PROPOSER; AND FURTHER AUTHORIZlNG THE CITY MANAGER AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE AOMINISTRATION. 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.; ikoniq, Inc.; and, lowa 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 a!��i 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 �f 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�`- Ikoniq, Inc 2`� - lowa Rotocast Plastics Inc.; and Docusign Envelope ID:804F65C0-OBE8-42E6-8CE0-B64E2062B4D1 Docusign Envefope ID:FBE7AA72-3A�5-4A42-859A-F3AAD91p6A63 WHEREAS,after reviewrng a11 of the submissions and the Eva{uation Committee process, the City Manager eoncurs with ihe Evaluation Cort7mittee and finds Ikoniq> Inc., the top-ranked firm, to be the best qualified firm to provide the services; and WHEREAS, Ikoniq, Inc. has provided satisfactory services ta the City as the incumbent vendor for the services since 2Q18. N(JW, THEREFORE, BE IT DU�Y RESOLVEQ BY THE MAYQR AND CITY COMMISSIt3N OF THE CITY OF MIAMI BEACW, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager, pursuant to Request for Proposals (Rfp) No. 2025-012-Df, Miami Beach Convention Center (MBCCj portable food concession carts; authorize the Administration to enter into negotiations with Ikoniq, Inc., as the top-ranked propaser; further, if the Administ�ation is not successful in negokiating an agreement with Ikoniq, Inc., authorize the Administration to enter into negotiations with lowa 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 negotiatians by the Administration. PASSED AND ADOPTED this �� day of�r' { 2025. ATTEST: _ .�..� � ` ! ��'� � � ��I�� .��._ ��..�.-'i..,.�..._ ',-�i RAFAEL E. GRANADO, CITY CLERK STEVEN MEINER, MAYOR ,..,«. �,�,,, _�:�''�� j:...............�yti,ti � _� '�, 5., APPROVED AS TO � ;�H�aA� QRAi�o: � FORM & LANGUAGE %�� ��"R` & FOR XECUTION 4�t . ..�' .,,� r��•� �i+h - �'r /� ����j�p ���. ��""�,,.,-� _v� f�1 t���L.'S'_ City A �ey � ��� Date Docusign Envelope ID:804F65C0-OBES-42E6-8CE0-664E2062B4D1 Docusign Envelope ID:FBE7AA72-3AD5-4A42-8.59A-F3AAD91D6A63 Procurement Requests -C2. B I ' /�/1 I Al'�/1 I BEA� H � C COMMISSION MEMORANDUM t TO: 1lonorable Mayor and Mernbers of lhe City Cor�m�issiQn FROM: Eric Carpenter, City P�lanager DATE: A�>ril 23, 2Q25 TlTt.f.� A RESULUTION OF' TFiF MAYOR AND GITY COhr1ti11SSION OF THE GTY OF MIAMI C�EACH, �LORIDA �CCEPTING THE REGc�PAh�1ENDATION OF THE GITY MANAGER. f'Uf2SUANT TO RE(�UESI F-(�h PR()1'f�)5At.5 (kf={') NO 10'1.5-012- [�F, MIAMI F3EACt-1 CONVENTION CENTEFt {MBCCj PORTABIE FQOD CONCESSION CAtZTS; AUTHORIZINC, TME /aDMiNtS 1 KAlIUN TU EN7ER IN'TO NEGOTInTIOUS WITH IKONIQ, INC., /iS THE TOP-RANKFD PROPOSER; FURTHEFZ, If- �I H� 11U�.11NIS f Kn�IUN IS NUl SUCGESSFUL IN NEGOTIAI ING AN AGREEMENT WITH IKONIQ.INC..AUTHUR171NG THE l�nMINISTRATION TQ FNTFR INTO NEC�OTtATIONS WITF� IOWA ROTC�GAST PLAvTIC.J INC., AS THE SECOND RANKED PROPOSER, AND FURTHEF: AUTHUftiZING THE CITY MANAGEF2 ANC) CI"CY t;LERK TU EXEC:UTE AN AGF�E.EMENT UPON (;ONULUSION UF :iUCCE�SSFUL NEGUTIATIOf�S BY 7HG AnM{NISTR/\TION. (L(�C�NOMfC UEVF_LOI'MFNI j RECCIMMENDATION �i�h� City Administratiun ("/�iimiriistration"1 rec�7rnn�ends th3t tl�.e t�1�yo< <7nd Gl�,� C:�rnrr,ission ("City Gammission")ap�rove thc Resoluti<m. This solicitation is under the Cone of S�lence. BACKGROUNDJHISTORY Maintairnng innovative and praducliv� serv�ces, amenities, anci systems in the Miarni E3each Corwent�cm Cc�nter (MHCC:}is par�in�crunt. l he rr,-imacJmed iacifif.y f�atures several open spaces ihat prov�de an opporiurn�y to enh��nce fvad and bevc:rayc. s•ervices through the comprehensive portable taod and beverage c�art prograrn. The MBCG Ic��>ci �:�rid beveiaye manayement tear7i seeks to add portable food concessian carts to complemenl the ciirrenl pool of carts. Ensuring the M[3CC maintains modeni r_arts i►n�r�ves lhe sales and distrit�utum of food and beverages across various building layouts and impro�es corndor ��nd puhlic area tratfic pattems, which change with each event. Thc purpose of thc; portable foad carts is to maximize the capture rate, honst tap-line revenues, and offer best-m-class(ood and bever�ge optioits This wide variety ot (ond concepts hecomes a selling pofnt for th� h�BCt; sales team beraiise clients and attendees are lookir.g for memorable options. The ability to offcr a diverse ranye of fooc4s and beverayes will attract nc:w clients and repeai business t�the MBCC. Thc City desires tt�at ti�e Ga�ts tre designc:°d E�rafession��ily. a��ri rnatcl7 exisiing equipment fur � str�amlinad appe��ranc�- C)n Navemher 14, 2016, lhe Mayor and City Cornmissiori approved the award o( � contract pursu��nt tc, RFP 2018 24�-Z[� for MBCC Portable Fc�od Concessior� Carts to Iknniq, Inc. The Agreement was executed on f�ebruary 21, 2019, wilh a contract term of three (3)years with the City's opiion to renew fur two(2)additional one(1)year periods. 7he a�reement was not extended beyc�nd the orir��nal three (3) year term, and expir4d on February 20. 2022, after the vendor fulflllr.d a!I qnods and servir,es required. 52 Docusign Envelope ID:804F65C0-OBE8-42E6-8CE0-664E206284D1 Docusign Envelope ID:FBElAA72-3AD5-4A42-859A-F3AAD91D6A63 Through this RFP, the City saught proposais from firms ihat have proven experience and th� abil�ty to deliver custam-m�de, high-quality food roncessinn�artsleqwpment The City requires three (3) specific types oi food and ancillary carts, each with specitic requirements, dimensions, anci matenals,as detailed below. . Miiit� use Front End Food Garts • Grill Front Fo4d Carts • Support Food C�rts These food carts will be used in pairs—one front service cart for specific types of Iood preparatior. or styles and onE standard su�port carl to providc a ciean-up siation, fuod storage, and other related functions. The awardec� bicicier miist de6ver all r,arts as tum-key operational, including all spc>cif�ed equipment.Approxitnately S625,000 is budgeted(or the pprtable(ood cuncession carts. ANALYSIS Qn October 30,2024, lhe Mayc�r and Ciiy Ccm�mission authonzed the issuance oi RF P 2(?25-012- DF Far Miami Beach Cnnvention Center (MBCC)p�rtable food concession carts On November 1, 2024, the. RFP was issued. A votuntary pre-proposai conference was hetd on November 13. 2Q24, to provide inform�tion ta prop�sers subrrniting a response One(1)addendum was�ssued, and 41 prospective bidders acc;essed the advertised solicitation. RFP res�nses were due and received on,pcsc;ember 16, 2U24. Thc Crty receivEyd a total of three {3)propnsals, listed below. • Culinary Depot. Inc. • Ikoniq, Inc. • I:�wa Rotocast Plaslics Inc. The proposal submrtted by Ctdinary Depot,Inc.was deemed non-responsive to the RFP far failure to submit a completed Cost Proposal Form, as required in the RFP. Theretore, its submirial re�ceived no(urther consideration. On January 13,2025,the City Manayer appointed the Evalualian Gommittee,wa LTC tt 018-2025 ("7he Committee"). The Committee ct�mpr�sed Francisco Garcia, Division Director, Facll�ties and Fleei Management Department, Anc�ela Grande, Dir�ctor of Vc.nue Operalions, OVG360; Robin Jacc�bs, Chair, Miami f3each Convention Center Advisory Baard; Danny Medina, Regional Vice Presid�nl. Sodexo Live!, and Heather Shaw. Assistant Director, Econam�c Development Department. The Committee conve�ed on March 10, 2025, !o consider the proposals recoived. The Committee was provided an overview of the project,in(ormation relative to the City's Cono of S�Icnce Ordinance. and the Government Sunshine Law. The Cammittee was also provided gcneral mformation on the scope vf services and a copy ot each proposaL The Committee was insU�,rted to score and rank �ach �rapasal pursuant to the evaluat�on criteria established in thc Rf-P. The tvalualiun proccys resultcd in th<; ranking of proposers as indicated below and �n AtC�chment A. 1h' Ikoniq, Inr,. 2�b lowa Rotocast Plastics lnc. 53 Docusign Envelope ID:804F65C0-OBE8-42E6-8CE0-664E2062B4D1 Docusign Envelope ID:FBE7AA72-3AD5-4A42-859A-F3AAD91D6AB3 The Evaluation Corlimittee resuiteci in Ikoniq, Inc. ("Ikoniq") as the top-ranked proposer Dunnc� deGberations, the Gommittee highlic�hted that Ikoniq provided solubons that adhered to the RFP s specific�tions. This includes the new LED screen specificatior�s desic�ned ko enh��nce the MBCCs brar7dintJ. The Committee n��ted that Ikoniq I�as worked with other notabie firms and agencies, such as LivP Nation, the University c�f Tennessee,and Tulane University. Ikon�q, Inr.. ("Ikoniq"} has P.VQIVP_C� into a prominent crealor o{ immersive brand expenences. ' parlir,ularly within the dynamic envir�nments of sports and entertainment venues. Origin�Ung in 2009, witi� a faundatian of craftmt� high-quality m�bile carts, the company has expandad its capabiJities to encompass comprehensive venue-wide solutions.Through the 2010s the company expanded intu mod�dar kilchens and st�mi-permanent builds. And intc� th� 20205 they began to implement AI mto their designs Wrth a strong emphasis on �nnovative design, engmeermg. and visual st<�rytelliny, Ikoniy partners with major venues across the United States, dehvering tailored solutions that�levate food, beverage, and retail op��rations, s�lidifying their reputation for quality and rel�ab�lity. References prnvided by Ikoniq have provided pasitive feedback. Furtt►er, Ikoniq is the ineumbent for these goods. pursuant to RFf' ?018-219-ID. �nd has performE�d to ihe satisfaction of the City. The Evaluation Committee resulted in lowa Rotocasl Plastics Inc as ihe second-ra�ked proposer, to be weU qualified and considered, if lhe negotiations with Ikoniq is not successful. lowa Roiocast Plastics Inc. ('IRP"},incorporated �n 1986. is a manufaclurer and supplier of premier merchandising equipment, includiny rotationally molded plastic products, wire racks, 4lectric refrigeration, and fabricated portabla.s for food and bever�ge concessionaires. IRP has signitic,�nt experience in the design and fabrice3lion af carts and kiosks, and IRP eguipmEnt can be found in over 200 professional or collegiate sporting venues, Rr�vio��s clients inr.lude NashviHe Saccer Pl�aza, UE3S Arena, St. Louis City SC Stadium, First Energy Stadium, and KC Current St��cii�.im Re(crern.�es provided by IRP havc provided positive te�dt�ack SUPPORTING SURVEY DATA E3ased on the 2024 City ot Miami Beacti Community Sa[isfaction Survey,84'',%,of local bush5esses a,yree tt�at the Miami Baach Convention Certer contributes pasitively to the overall value of damg business in the City. This RFP looks to direcUy address this point by furfher augmenting the MBCC's offerings for altendees. FISCAL IMPACT STATEMENT 1 he City's estim,�tec1 taudget for these gr�ads is appraximately�f�?.5,000. liaweve�.!he tap-ranked pro�oser, Ikaniq, Inc., has submitted the lowest cost to the City of �582.000, which is 543,000 less than tt�c; Ciiy's budyet. Com{��red to iiie previous RFP. the new proposal prices are, on averagP, 98°/n higher. This increase reflects several key Factars, including inflation and updated specifications. Since the last RFP in 2018, the Consume� Price Indcx (or Ilie M�ami-Ft. Laucierdale-West Palm Be��ch re,yion has risen by approxim,�lely 29%.and the new RFP includes �dciitional requirements not previously consiUcred, such as: . Increased design and fabncation complcxity, erliphasiziny rnodularity, durability, and sr<3inless integrat�on wilh ��ABCC's Fc�d and Beverage(Ft�B) program. • U���lates to N�ation�l F=ire 1='rt�tecUon Association (N�PA) rndes, which have led to the �i:�,continiiation of prev�;.�usl� approved venUess haod systerns. requirinc� vc�ndors to ��o{wsc mure�dv��nr.eci�Ittarn�lives. • ! r7hanr.ed technolagy specific�tions, including inteyrat�d �.9mm LE� screens for d�y�tal hranding, wl�ich w4re nol pari qf the 2018 KFP. Thc: re<.ultiny eontr�3ct, pursuant to R�P 2025-012-pF, ,hall be (ar an irniial three l.3) yr;ars wilh an o{�tion tu renew for onc(1)two-year terrn. � Docusign Envelope ID:804F65C0-OBE8-42E6-SCEO-664E206264D1 Qocusign Fnvelope IO.FBE7AA72-3AD5-4A42-859A-F3AAD91D6A63 Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES UNI_Y) If appiicablo,tlie Business Impact Estimato (BIE)was published on: See BIE at: httPL_l�www.mi:�mibeacfifl.�ovlcity_h�ll,`city-clerklmectinc�-n�tices/ FfNANCIAL INFC)RMATION _ .___ . __.-- -___..._. _,.__ ^___. 440-0441-OOU674-35-422-00�-00 00-00 . �fi25,000,U0 _ �_----- - _ _ . _� 3625,000.00 _ CONCLUSION B��sed on tiie for�going,the Admini,tration recommends the Mayor and C�ty Cammission approve the Resnlution authorizing lhe Administration to enter into negotiations with Ikoniq, (nc., as the lop-ranked proposer. If the Administralion is noi successful in negotiating an agreement with Ikoniq, Inc., authoriamg lhe Administration to enter into negotiatians with lowa Rotocast PlasGcs Inc.. as thc second-ranked proposer. Further, authonzing the C�ry Manager and City Clerk to ezer.ute an agreernenl upon the conclusion of sur,cess(ul negotiations by the Admmistration Appiicable Area S�uth Bear.h Is this a "Residents Riqht to Know" item, Is ihis item related to a G.O. Bond pursuant to City Code Section 2-17? Project? No Na Was this Aqenda Item initialty reQuested bv a Iobbvist which,as deflned in Code Sec. 2-481, inciudes a princiaa�enqaged in lobbvinct? No U so, spccify thc name, nf lobbyist(s) and prmcipal(s►: Depa�tment F'rocur�i;ient S�onsor(s) Ca-sponsor(s) Condensed Titfe /1�vard RFP 2025 012-DF, h1BGC Partable Goncess�on Food Carts FD/PR 55 Docusign Envelope ID:804F65C0-OBE8-42E6-8CE0-B64E206264D1 Docusign Envelope ID:FBE7AA72-3AD5-dA42-859A-F3AAD91D6AB3 Previous Action (For Citv Clerk Use Only) �� 0 0 � � o N o �. G 7 � m � � � < m `D 0 m� m � O .. _ .. . .. . ..,. . r.... � A T T � � rc•'�•o-.. �. .�...�.::.-.. Q +�w�b.r.r. y .w:.wr�. � cw�..�we.+. : ,4w.w9�w �;: .�' ~ p ou Aw'oro >....s., rr.�x.... mu�w mw�w.. a�.+a�r.. s...w. � awr., o�..t�r+. ssar � o.«�... o..�+wF�.. f�ww.. � o.++.�,.'a�,ro�rr.i.. a.s„ex �. ' <<c�s � � W �- - .. . � . .. V� � , ' . . N ffl ......._..,,.t c.«�. � �a�.*.►ww F. ..�.«.>..<. .e.ro.. _ <. . .. , 'wD� m a.ww ' W t n•' +w�r M r�4�SL; �11nw.s•..•..�i A ., 5-. . .- . : . N OD . �.. ...... . . .» . . - ... . � n �, m � o D o0 � � g m N O � � � N Q W � � D � � w Cit �v � Docusign Envelope ID:804F65C0-OBE8-42E6-8CE0-B64E2062B4D1 Docusign Envelope ID:FBE7AA72-3AD5-4A42-859A-F3AAD91D6AB3 MIAMI �EA� H . � � ;.� `;. ,�� ���_�,; ,�,�� � y,� �p � ; �-.r .,�{y,:. .��s��m.."'`;� s.��•'ro^'xr J'�"'�,`�„`.t'�,,, d��_ °i�" �'�,- "';,� 25-012-01 MIAMf BEACH CONVENTION CENTER{MBCC)PORTABLE FQOO CONCE5510N GARTS ���t" �vx ;y��„ zz'�,�,,` 'u �'�.a�a��s����= IKC�NIQ,INC. ECONOMIC DEVELOPMFNT ------- __ ----_�. � � pe Ya . `r.�r . . ' a'�CuBWnet�fbyt ._ , __. �' .. . . ,:� :..P� � � ,,�.. -. ���.:.... Steven Anthon S f t,yi,j,y�, QU,,�� _ Maria liernandez �+R�v►s•��� . . . .6tA4A4Xg2277aJ2. � � QeE5�3E7C;AF242E. . ;�� ---._ . ____�---.-------- ..� a ,.. . .. . . . . ..___.�._.� , ,. ,. 1C Type i-Cnntr irt,arnendment,changc order or task order resulting from a procurement-�ssued competitive solicitation. _- ------- __ _._._ —.___------- _ -___ _- -- Type 2-Otf�rr contract,amendmcnt,change order or task order not resu�ting from a protu�ement-issued compeiitive solicitation. -_ _ _- _. _ . __.._.�.____ _. _. _ _ Type 3�_Independent Contractor Agreement(ICA) 1'ype 6 Tenant A�reement _____.�__._- - ------ Type 4-Grant agreements with the City as the recipieat Type 7-Inter-governmental agency agrecment _ _____ _ ..____ ---- __-- ------__------- -- -_- ------------ -..._ __ __ T pe S--Gran[agreements wi[h the City as the grantor Qther: ,;��'u' '� . ...F�. On April 23,202k,the Mayor and City Commission adopted Resolutio�2025 33589,accepting the recommendation of the City Manager pursuant to Invitation to RFP-2D25-012-0E-Miami Beach Convention Center (MBCC) Portablc Poad Concession Carts; authorizing the Administration to enter into negotiations with IKONIQ,INC.;and further authorizing the City Manager and Gty Clerk to excute an agreement upon successful negotiations by the Administration. The Administration succesfuly negotiated an a�reement,and the agreement was form approved by the City Attarney`s Office and executed by the company.Pursuant to the authority esta6lished in Resolutio�2025-33589,thiz item seeks the Gty Manager's approval to finalize the contract exccution process. - __... �` --�,� �,,,.�,y,,,.� _,.� _ � I ��_ � � �.� �" _� -- !s.�.�i Threc(3�Ycic; _� One�I)two yc��r ten Five(S}ycar, �_..._._--,_._�' . . _ . . _ -_ . . . GrantFunded: Yes X No State Federai Other, __. __.:� ..,..__ _____ ______ � __. ,_ i Fil`i,0011 � � � Ycti X No __ � 440 0441 0006/4 ���l>2-OQI)Oq�QO U(l � ��.__ _ __ _ _ _ _ --___.._,_�----- Note:The fundin�-(ur.h:,item ts budgcted ui�Y 20)S;howevcr cfue io the um�ng of the execucion of the agreement,tl,e experises will be captured in FY 267fi Therefore,the budgeted tunding reryuesting to be r�lled over to the next fiscal year to cover this item wiil be sobject to Cit�Commfssion approval in Novemher and is not guaranteed. _� -- - __ --------.___ _ __ 1. for convacts lunger than five years,contact the Procurement Department. 2. Attach any supporting explanat�on needed.3.Budqet � opproval indicates opp�ovol for current/iscaJ yeor onJy.Future yeors are subject to Clty Commission approva/of annuol adopted aperating i budgct. �__-... _....— � �. a !}'' � ,.rn"S _. , ,., . _, , .... ...,_ r„ , r ... _ . . . �. ._...____.. . . . . ['i?y Comiricssion Approved: X Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date: 2025-33589 � �^ C29--�'_� �L4/23/2025 -------- -_ _�___._��_________--_� I(no,explain why CC approval is not required: al Form Approved: X Yes No if no,explain below why form approval is�ot necessary: �' _ ���e,� ,�. "*z " .� ���r ',r :'ta ��- a �'�� niati�i , z i ) �, p4, ,t•�--' . . .. .� .., . ..., .., „ ,.� . , .., ..,. . , Procurement: �_y��+~� "` Grants: N/A Kristy Bada �� �� fiudge[. T�R ~ Fy7�a F��,� InformationTechnology: N/A Tameka Otto Stewart ��„� � ��� R�sk Management: (,yqp�i�E���ea Fleet&Facilities: N/A _�,�_�- --- --- --________-- HumanResources N/A Other: oowsryneeby� oocu3ynedny: Maria Estevez � . Ky(e Teijeiro -tit�3"^ � �U U � - ; 4.. .. �'`�., '' .� � �...�:�.�." � . � '� .� �_ '�"`47b1Gia8Rf2E � � . - . j+ .. E9W036F8 489 . � . . ._ „ ..,a ,.... . . . � .