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Home My WebLink AboutR-2024-120-Agreement with HZIP LLC for Pier Concession Management (RFP No. 24-011)RESOLUTION NO. 2024-�� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AWARDING THE REQUEST FOR PROPOSALS ("RFP") NO. 24-011, ENTITLED "PIER CONCESSION MANAGEMENT" TO HZIP, LLC AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH HZIP, LLC, FOR MANAGEMENT OF THE DANIA BEACH PIER AND BAIT SHOP; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City's Pier is currently managed through an agreement with Westrec Marina Management, Inc., which agreement expired on July 31, 2024 and has been extended for a month -to -month basis; and WHEREAS, the City advertised Request for Proposals ("RFP") No. 2024-011 "Pier Concession Management" in the Sun -Sentinel, and posted on the City's website and Demand - Star on May 13, 2024, with bids publicly closing on June 13, 2024; and WHEREAS, the City received one response from HZIP, LLC ("HZIP"), and an Evaluation Committee consisting of the City's Director of Parks and Recreation, Deputy Director of Parks and Recreation and the Facilities Foreman met on June 26, 2024 to review and evaluate the proposal and determined that it was both responsive and responsible; and WHEREAS, the City Administration recommends execution of an Agreement with HZIP, LLC ("HZIP") for a period of five (5) years with one (1) renewal for a two (2) year period, subject to approval of the City; and WHEREAS, the City shall pay HZIP an annual management fee of One Hundred Eighty -Eight Thousand Eight Hundred Dollars ($188,800.00) for managing the operations and maintenance of the pier and bait shop; and WHEREAS, the City will receive one hundred percent (100%) of all pier access fees and five percent (5%) of all gross sales from the bait shop; and WHEREAS, HZIP will provide site improvements, including but not limited to, infrastructure upgrades, equipment purchases, aesthetic enhancements and build -out, estimated to cost between Thirty Thousand Dollars ($30,000.00) to Forty Thousand Dollars ($40,000.00) at no cost to the City; and WHEREAS, HZIP will pay all invoices for repairs, maintenance and improvements totaling less than Five Thousand Dollars ($5,000.00); and WHEREAS, HZIP will be responsible for all facets of the day-to-day operations and maintenance of the pier and bait shop and provide ongoing recommendations to the City for the successful operation of the facility in order to provide the best overall customer experience and enhance the value of the Pier as an asset of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above "Whereas" clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the City of Dania Beach directs the proper City officials are authorized to execute an Agreement with HZIP LLC, which is attached and incorporated into this Resolution as Exhibit "A", with HZIP for management of the Dania Beach Pier and Bait Shop as outlined above, including the length of the term of the Agreement as noted above. Section 3. That funding appropriations are appropriated and available in the City Ocean Park Fund Pier Contractual Services Account No. 415-72-15-572-34-10. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall become effective 10 days after adoption. PASSED AND ADOPTED on 2024. Motion b Y&W1550ne� ,second by ti OLA� ` ,, 1.-�\w FINAL VOTE ON ADOPTION: Unanimous 1r Yes No Commissioner Joyce L. Davis Commissioner Tamara James Commissioner Marco Salvino Vice Mayor Lori Lewellen Mayor Archibald J. Ryan IV SIGNATURE PAGE TO FOLLOW 2 RESOLUTION #2024- I L ATTEST: ELORA RI` R CITY CLERK V. Is" APPROVED AS TO FORM AND CORRECTNESS: L-1 EVV AOUTSIS CI Y ATTORNEY 1 ARCHIBA J. R4AN IV MAYOR RESOLUTION #2024-1� AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND HZIP LLC FOR PIER CONCESSION MANAGEMENT SERVICES AS FURTHER DESCRIBED IN THE CITY'S REQUEST FOR PROPOSALS ("RFP") NO. 24-011, ENTITLED "PIER CONCESSION MANAGEMENT". This is an Agreement ("Agreement") dated , 2024, between the City of Dania Beach, Florida, a Florida municipal corporation ("City"), with its principal place of business located at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 and HZIP LLC, a Florida limited liability company ("Contractor") with a mailing address of 30 Birchshire Lane, #1, Palm Coast, Florida 32137/. In consideration of the mutual covenants, terms and conditions contained in this Agreement, and other good and valuable consideration, the adequacy and receipt of which are acknowledged and agreed upon, the parties agree to the following: 1. This Agreement between the Contractor and the City under the City of Dania Beach Request for Proposals ("RFP" No. 24-011, is effective upon execution by all parties. A copy of RFP No. 24-011 is attached as Exhibit "A" and made a part of and incorporated into this Agreement by this reference) and shall be considered as part of this Agreement. 2. The Contractor has submitted their Scope of Services and Fee Schedule in response to RFP No. 24-011 which is attached as Exhibit "B" and is incorporated into this Agreement by this reference. 3. The City shall pay the Contractor an annual management fee of One Hundred Eighty Eight Thousand Eight Hundred Dollars ($188,800.00) for managing the operations and maintenance of the pier and bait shop. 4. The term of this Agreement will be for a period of five (5) years with the option for one (1) renewal for a two (2) year period, subject to City approval. 5. Sovereign Immunity. Contractor acknowledges that the Florida Doctrine on Sovereign Immunity bars all claims by Contractor against the City other than claims arising out of this Agreement. Specifically, the Contractor acknowledges that it cannot and will not assert any claims against the City, unless the claim is based upon a breach by the City of this Agreement. Further, the Contractor recognizes the City is a sovereign with regulatory authority that it exercises for the health, safety, and welfare of the public. This Agreement in no way estops or affects the City's exercise of that regulatory authority. In addition, the City retains the full extent of its sovereign immunity in relation to the exercise of its regulatory authority. The Contractor acknowledges that it has no right and will not make claim based upon any of the following: a. Claims based upon any alleged breach by the City of implied warranties or representations not specifically set forth in this Agreement, as the parties stipulate that there are no such implied warranties or representations of the Contractor. All obligations of the parties are only as set forth in this Agreement; b. Claims based upon negligence or any tort arising out of this Agreement; C. Claims upon alleged acts or inaction by the City, its commissioners, attorneys, administrators, Contractors, agents, or any Contractor employee; 1 d. Claims based upon an alleged waiver of any of the terms of this Agreement unless such waiver is in writing and signed by an authorized representative for the City and Contractor. That in all respects, the terms of Exhibit "A" and Exhibit " B" apply to this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. ATTEST: ELORA RIERA, MMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS EVE A. BOUTSIS CITY ATTORNEY 2 CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation ARCHIBALD J. RYAN IV MAYOR ANA M. GARCIA, ICMA-CM CITY MANAGER WITNESSES: Signature PRINT Name Signature PRINT Name STATE OF FLORIDA) COUNTY OF CONTRACTOR: HZIP LLC, a Florida limited liability company Signature PRINT Name Title Dated: 2024 The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, on 1 as 2024 by of HZIP LLC, a Florida limited liability company. He/she is personally known to me or has produced as identification. My Commission Expires: 3 Notary Public, State of Florida Print Name