HomeMy WebLinkAboutReso 2013-2082 •
RESOLUTION NO. 2013- 20gZ,
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING THE SECOND
AMENDMENT TO AGREEMENT WITH LOGISTICS
MANAGEMENT GROUP TO PROVIDE LOGISTICAL AND EVENT
MANAGEMENT SERVICES FOR THE SIXTH ANNUAL JAZZ FEST
2013 TO BE HELD ON SATURDAY, NOVEMBER 16, 2013, IN AN
AMOUNT NOT TO EXCEED FORTY-FOUR THOUSAND NINE
HUNDRED SIXTY-EIGHT DOLLARS AND EIGHTY CENTS
($44,968.80), ATTACHED HERETO AS EXHIBIT "A";
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City is holding its Sixth Annual Jazz Fest 2013 ("Festival") in
conjunction with Miami-Dade County's Live Music Month in November 2013, on Saturday,
November 16, 2013 at Heritage Park; and
WHEREAS, the City is in need of a consultant to provide logistical and event
management services for the Festival; and
WHEREAS, these services include but are not limited to, negotiating and booking all
national and local entertainers, stage, sound, lighting, security, tents, and all items related to the
set up of the park and physical production of the event; and
WHEREAS, Logistics Management Group has agreed to perform the desired logistical
and event management services for the Festival; and
WHEREAS, the City wishes to approve the Second Amendment to Agreement with
Logistics Management Group, to provide these services for the Festival, in an amount not to
exceed Forty-Four Thousand Nine Hundred Sixty-Eight Dollars and Eighty Cents ($44,968.80),
attached hereto as Exhibit "A".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. `Approval of Second Amendment to Agreement. The Second Amendment to
Agreement with Logistics Management Group to provide logistical and event management
services for the City's Sixth Annual Jazz Fest 2013, in an amount not to exceed Forty-Four
Thousand Nine Hundred Sixty-Eight Dollars and Eighty Cents ($44,968.80), attached hereto as
Exhibit "A", is hereby approved.
R2013-Logistics Group Agmt for Jazz Fest 2013 Page 1 of 2
Section 2. Authorization of the Mayor. The Mayor is hereby authorized to execute said
Agreement.
Section 3. Authorization of the City Manager. The City Manager is hereby authorized to do
all things necessary to effectuate this Resolution.
Section 4. Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 18th day of July 2013.
diA.!! 1 /t./f r-
•rman S. Edelcu•,-Mayor
•0 _ �,
ATTEST:
® _ 1
• Jane A': Hines:CMC, City Clerk
APPROVE 1 AS TO FORM
AND LEG• ,-
FFICIENCY:
�
H n FiAV, City Attorney
Moved by: Co Gi1TO
Seconded by: ay., SC..40 LL
Vote: S-D
Mayor Norman S. Edelcup (/(Yes) (No)
Vice Mayor Isaac Aelion (/ (Yes) (No)
Commissioner Jeanette Gatto ✓(Yes) (No)
Commissioner Jennifer Levin ✓ (Yes) (No)
Commissioner George "Bud" Scholl /(Yes) (No)
R2013-Logistics Group Agmt for Jazz Fest 2013 Page 2 of 2
O�SJNNY'S`ffe SECOND AMENDMENT TO THE AGREEMENT BETWEEN
tir; 7r1 THE CITY OF SUNNY ISLES BEACH AND
* 11 LOGISTICS MANAGEMENT GROUP, INC.
s. D 'FLOe•\O t
CONTRACT NO. C1213-042
This Second Amendment to the Agreement between the City of Sunny Isles Beach
("City") and Logistics Management Group, Inc., ("Consultant") executed this day of July,
2013, is made a part of the original Agreement, C1011-069 ("Agreement"), approved by
Resolution No. 2011-1760 on September 15, 2011 and incorporated herein by reference as
Attachment`B", between the City and Consultant, a business corporation licensed in the State of
Florida, whose Federal Identification# is . The City and Consultant hereby agree
as follows:
1. ELECTION OF RENEWAL OPTION: The City elects to renew the Agreement for an
additional one (1) year renewal term, to cover the "Sunny Isles Beach Jazz Festival" event
scheduled for November 16, 2013, as authorized by Section 11 of the original Agreement
between the parties, as more particularly described in Attachment "A", which is attached hereto
and incorporated herein by reference.
2. COMPENSATION: The payment to Consultant, as set forth in Section 3 of the original
Agreement between the parties, is hereby amended such that all charges and tasks under this
Second Amendment shall be in accordance with this Second Amendment and the schedule of
charges reflected in Attachment "A", attached hereto. Consultant agrees to provide the Services
in a total amount not to exceed Forty Four Thousand Nine Hundred Sixty Eight Dollars and
Eighty Cents ($44,968.80), which includes the Consultant's management fee of Seven Thousand
Five Hundred Dollars ($7,500.00) and all project related expenses as set forth in Attachment
«A„
3. OTHER PROVISIONS REMAIN IN EFFECT: Except as specifically modified
herein, all terms and conditions of the original Agreement between the parties, dated September
15, 2011, shall remain in full force and effect.
4. CONFLICTING PROVISIONS: If there is a conflict or inconsistency between any
term, statement, requirement, or provision of any exhibit attached hereto, or any document or
events referred to herein, or otherwise incorporated by reference, the term, statement,
requirement, or provision contained in this Second Amendment shall prevail and be given effect
over any conflicting or inconsistent term, statement, requirement or provision contained in any
other document or attachment, including but not limited to Attachment "A", the Agreement or
the First Amendment thereto.
IN WITNESS WHEREOF, the parties hereto have executed this document as of the date
mentioned above.
WITNESS: LOGISTICS MANAGEMENT GROUP,
INC.
Signature
BY:
Print Name Signature and Title
ATTEST: CITY OF SUNNY ISLES BEACH
BY: BY: 007/0/1 ,i i, - (�,
Jane A. Hines, CMC, City Clerk ' an S. Edelcup, ayor /
APPROVED AS T• FORM AND
LEGAL S FI•)r 4 Y
Air
BY: /IA /' �`an��• f ot, City Attorney
2013 Sunny Isles Beach Jazz Festival Main Concert
budget estimate
Local Talent $ 13,500.00
Portable Restrooms $ 2,272.50
Sound, stage, lights $ 15,500.00
Backline support bands $ -
Banner Trusses $ 1,300.00
VIPrentals $ 2,000.00
Radios $ 230.00
LMG $ 7,500.00
Private Security $ 666.30
Contingency for emergency $ 2,000.00
TOTAL $ 44,968.80
ATTACHMENT "A"
Agreement Between
City of Sunny Isles Beach &
Logistics Management Group, Inc.
Agreement entered into the 30th day of July 2013, by Logistics Management Group,
Inc.(LMG) and City of Sunny Isles Beach (CSIB) Therefore, in consideration of mutual
benefits and promises herein as set forth, the receipt and sufficiency of which are hereby
acknowledged, CSIB and LMG agree as follows:
Services
LMG to provide event management services for CSIB including all logistics, event
production and management services for the event for the Sunny Isles Jazz Festival to be
held on November 16, 2013 at the Heritage Park. The services outlined below are
included, but not limited to:
1.0 Services
*Attend meetings with SIBRA representative Ibis Romero to develop concept and details
of the Festival.
*Site layouts for submission to all government or venue entities
*Negotiate and book all national and local entertainers for the concert
*Provide on-site staff coordination and production services from load-in to load-out.
*Liaison with police, fire, public works, parking and all city departments necessary to
implement event.
*Arrange sound, staging, lighting...
*Coordinate entertainment schedules
*Coordinate rental needs (tents, tables, chairs...)
*Coordinate food& beverage needs for VIP and public
*Provide qualified stage managers, production &technical assistants....
*Coordinate talent hospitality and technical riders
*Liaison with entertainer agent or manager for sound checks, performance arrival time
and general instructions.
*Build and coordinate the physical site (ie: once CSIB & SIBRA approves the elements,
LMG will be responsible for coordinating the building and coordination of the venues)
*Liaison with all equipment vendors needed at the site
*Coordinate and develop load-in/strike schedules for the event
*Develop hard cost materials budget
*Design electrical plan for event needs (ie: generators and distribution...)
*Coordinate communication plans for the event (ie: radios)
*Determine sanitation plan and arrange all maintenance and event cleanup
*Coordinate any security needs
*Arrange and coordinate any advance shipments of materials to venue
*Install on site event signage (including booth sponsors...)
*Execute and coordinate sponsor benefits as committed.
*Schedule & coordinate rehearsals, sound checks, green room...
Fees
LMG agrees to provide the described services as detailed above for a Management Fee of
$7,500.00. This is a management fee and does not include the goods and services
outlined in budgets to be provided. All items and services outlined are contracted by
LMG subsequent to the approval of the submitted budgets and shall be paid directly to
LMG for implementation.
The budget for this event is not to exceed $45,000 without written permission of the City
of Sunny Isles Beach.
Miscellaneous Expenses
Any and all additional expenditures for materials, goods and services deemed reasonable
and necessary and approved by CSIB shall be paid promptly to LMG within fourteen(14)
days of billing.
Cancellation
This agreement serves as a legal and binding contract between LMG & CSIB In the
event of contract cancellation within(30) days of any one of the event dates, the total
balance of all fees are payable in full. Seventy five percent (75%) of costs incurred
through supplier/vendor contracts and arrangements will be due if cancellation occurs
within 60 days of the event and any direct costs will be due if the event is cancelled
anytime from the inception of the contract. LMG reserves the right to unilaterally cancel
the contract with 24-hour notice if any changes in contract terms occur.
Responsibilities
CSIB is responsible for any loss or damage to merchandise and will be billed
accordingly in the unlikely event that this should occur. LMG acts as an agent for
transportation companies, caterers, decorators, entertainers and other principals
subcontracted on behalf of CSIB. Any services, vendors, or suppliers required that are
arranged by LMG for Sunny Isles Beach Ja77 Festival event shall remain the
responsibility of CSIB. LMG does not assume liability for loss, delay, theft, damage or
accident due to the fault of any subcontracted company.
Authorized Signatory
The signatory on this contract is doing so in full representation of City of Sunny Isles
Beach with the understanding he/she is acting on behalf of the end user. End user has
given permission for signatory to enter into this agreement on behalf of the Sunny Isles
Beach Jazz Festival.
This Agreement shall be constructed and governed under and in accordance with all laws
of the State of Florida. If litigation is needed, the prevailing party will pay attorney's
fees.
If this accurately sets forth our Agreement, please sign below and return to LMG. A copy
of the original will be returned to CSIB signed by LMG authorized representative.
Randi Freedman, President Date
Logistics Management Group
Authorized Representative Date
City of Sunny Isles Beach
{
S)$$Y U4,s�
:lam Z
Z AGREEMENT BETWEEN THE CITY OF SUNNY ISLES
BEACH AND LOGISTICS MANAGEMENT GROUP INC.
FOR CONSULTING AND COORDINATION SERVICES
or ruw ~
CONTRACT NO. C1011-069
THIS AGREEMENT,entered into this ISd day of E- 2011, by and
between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to "City") and
LOGISTICS MANAGEMENT GROUP, a company duly authorized to do business in the
Slate of Florida (hereinafter referred to as "Consultant"), whose Federal I.D. # is
(�5 - 0350
RECITALS
WHEREAS, the City is in need of a consultant to provide consulting and coordination
services for the Sunny Isles Beach Jazz Festival on Saturday, October 15, 2011, ("Services");
and
WHEREAS, Consultant has expressed the ability and desire to provide these Services
subject to the terms and conditions contained in its proposal as more fully described in
Attachment"A",which is attached hereto and made a part hereof; and
WHEREAS, the City desires to enter into an Agreement with Consultant to provide the
Services in a total amount not to exceed Sixty-Five Thousand Dollars ($65,000.00).
NOW THEREFORE, in consideration of the premises and the mutual covenants herein
names,the parties agree as follows:
TERMS
1. RECITALS: The recitals set forth above are hereby incorporated into this Agreement
and made a part hereof.
2. SERVICES: Consultant agrees to furnish all labor and materials in a good workmanlike
and professional manner and to perform the Services designated in Attachment "A" attached
hereto, and incorporated herein by reference. The Services shall be performed by Consultant to
the full satisfaction of the City. Consultant agrees to have a qualified representative to audit and
inspect the Services provided on a regular basis to ensure all Services are being performed in
accordance with the City's needs and pursuant to the terms of this Agreement, and shall report to
the City accordingly. Consultant agrees to immediately inform the City via telephone and in
writing of any problems that could cause damage to the City's property, improvements and
persons. Consultant will require its employees to perform their work in a manner befitting the
type and scope of work to be performed. In the event that the Consultant fails to complete the
Services pursuant to the terms of this Agreement and City must undertake the completion of
performance of Services, Consultant agrees to indemnify the City for all costs incurred with
respect to the completion of those Services and any damages the City may suffer as a result of
the Consultant's failure to perform the Services.
s "O■
C1011-069 Logistics Manai EXHIBIT "B"
ti
3. COMPENSATION. Payment to Consultant for all charges and tasks under this
Agreement shall be in accordance with this Agreement and the schedule of charges reflected in
Attachment"A". Consultant agrees to provide the services in a total amount not to exceed Sixty-
Five Thousand Dollars ($65,000.00)which includes all management and project expenses.
Consultant shall make no other charges to the City for supplies, labor, taxes, licenses, permits,
overhead or any other expenses or costs unless any such expense or cost is incurred by
Consultant with the prior written approval of the City. If the City disputes any charges on the
invoices, it may make payment of the uncontested amounts and withhold payment on the
contested amounts until they are resolved by agreement with Consultant.
Consultant shall not pledge the City's credit or make it a guarantor of payment or surety for any
contract, debt, obligation,judgment, lien, or any form of indebtedness. The Consultant further
warrants and represents that it has no obligation or indebtedness that would impair its ability to
fulfill the terms of this Agreement.
4. UNDISCLOSED CONDITIONS: In the event that undisclosed conditions are
discovered during the performance of this Agreement, the City shall have the right to cancel this
Agreement upon ten(10)days written notice to Consultant.
5. OWNERSHIP OF DOCUMENTS:The parties agree that all documentation and work
product produced pursuant to this Agreement shall become the exclusive property of the City and
shall be provided to the City upon request.
6. INDEPENDENT CONSULTANT RELATIONSHIP: It is understood and agreed
that nothing contained in this Agreement shall be deemed to create a partnership,joint venture,
other association, or an employer/employee relationship between the Consultant and the City.
Consultant shall be in the relation of an independent Consultant and is to have entire charge,
control and supervision of the work to be performed hereunder.
7. COMPLIANCE WITH LAW: Consultant shall comply with all laws, regulations and
ordinances of any federal, state, or local governmental authority having jurisdiction with respect
to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material
permits, licenses, approvals and consents necessary for the lawful conduct of the activities
contemplated under this Agreement. Specifically, Consultant shall comply with all applicable
conflict of interest provisions as provided in state statutes, Miami-Dade County Code and the
Code of the City of Sunny Isles Beach (Section 62-16 entitled "Ethics in Public Contracting").
As provided in Section 62-16, Code of the City of Sunny Isles Beach, the City Commission may
terminate this Contract for violation of the above-referenced ethical standards.
8. INDEMNIFICATION AND WAIVER OF LIABILITY: The Consultant agrees, to
the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents,
representatives, officers, directors, officials and employees from and against any and all claims,
damages, losses and expenses (including but not limited to attorney's fees, arbitration costs, and
costs of appellate proceedings) relating to, arising out of or resulting from the Consultant's acts,
errors, mistakes or omissions in connection with this Agreement.
C1011-069 Logistics Management Group Agreement for Jazz Fest October 2011 2
•
•
The Consultant's duty to defend, hold harmless and indemnify the City, its agents,
representatives, officers, directors, officials and employees shall arise in connection with any
claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or
injury to impairment, or destruction of tangible property including loss of use resulting
therefrom, caused by any acts, errors, mistakes or omissions related to Consultant's performance
of this Agreement including any person for whose acts, errors, mistakes or omissions the
Consultant may be legally liable. The parties agree that Ten Dollars ($10.00) represents specific
consideration to the Consultant for the indemnification set forth in this Agreement.
9. ASSIGNMENT: This Agreement shall be binding upon and shall inure to the benefit
of the City and to any and all of its successors and assigns, whether by merger, consolidation,
transfer of substantially all assets or any similar transaction. Notwithstanding the foregoing, this
Agreement is personal to the Consultant and it may not, either directly or indirectly, assign its
rights or delegate its obligations to City hereunder without first obtaining the City's consent in
writing. Any such attempted assignment or delegation shall be deemed of no legal force and
effect whatsoever.
10. TERM: Subject to the provisions relating to the termination of this Agreement as set
forth hereunder, this Agreement shall commence upon execution of this Agreement and shall end
at the conclusion of the event on October 15, 2011. Payment will be made only for work
completed to the satisfaction of the City. Consultant is to commence performance of work on
the commencement date and continue in a diligent manner until work is complete. Consultant
acknowledges that compliance with the commencement and completion schedule is the essence
of this Agreement. The terms of Sections 7 and 8 entitled "Compliance with Law" and
"Indemnification and Waiver of Liability" respectively, shall survive termination of this
Agreement.
11. RENEWAL TERM: Prior to completion of the initial one year term, the City shall have
the option at its sole discretion to renew this Agreement for four (4) additional one (1) year
renewal terms. Should the City elect to exercise the optional renewal term(s), the terms and
conditions set forth in this Agreement shall remain in force full force and effect unless changed
by written amendment. Any agreement to increase the annual fees during the optional renewal
period(s) shall not exceed the Cost of Living Adjustments ("COLA") based on the Miami-Fort
Lauderdale Consumer Price Index for All Urban Consumers ("CPI-U") in effect at the time of
negotiations.
12. CONTINGENT ON APPROPRIATION OF FUNDS: The expenditure or advance of
any money or the performance of any obligation of the City under this Agreement, including the
initial term or any renewal term(s) shall be contingent upon an appropriation for its specific
purpose by the City Commission. In recognizing that the City can only receive budget approval
for one (1) fiscal year at a time, non-appropriation shall be a legitimate reason to release the City
from its performance/payments obligations upon thirty(30) days' written notice to Consultant.
J4
C1011-069 Logistics Management Group Agreement for Jazz Fest October 2011 3
13. TERMINATION:
A. Termination for Cause. If, through any cause within their reasonable control the
Consultant shall fail to fulfill in a timely manner or otherwise violate any of the covenants,
agreements or stipulations material to this agreement, the City shall have the right to
terminate the services then remaining to be performed. Prior to the exercise of its option to
terminate for cause, the City shall notify the Consultant of its violation of the particular terms
of the agreement and grant Consultant ten (10) days to cure such default. If the default
remains uncured after ten(10)days the City may terminate this agreement.
(i). In the event of termination, all finished and unfinished documents, data
and other work product prepared by Consultant (and sub consultant(s)) shall be delivered
to the City and the City shall compensate the Consultant for all services satisfactorily
performed prior to the date of termination, as provided in Paragraph 3 herein.
(ii). Notwithstanding the foregoing, the Consultant shall not be relieved of
liability to the City for damages sustained by it by virtue of a breach of the agreement by
Consultant and the City may reasonably withhold payments to Consultant for the
purposes of set-off until such time as the exact amount of damages due the City from the
Consultant is determined.
B. Termination for Convenience of City. The City may, for its convenience and
without cause terminate the services then remaining to be performed at any time by giving
written notice which shall become effective ten (10) days following receipt by Consultant. The
terms of subparagraph A(i) and (ii) above shall be applicable hereunder. In the event of
termination for convenience, the City will only be responsible for costs reasonably rendered by
the Consultant up to the notification date of termination.
C. Termination for Insolvency. The City also reserves the right to terminate the
remaining services to be performed in the event the Consultant is placed either in voluntary or
involuntary bankruptcy or makes any assignment for the benefit of creditors.
14. NOTICES: All notices and other communications required or permitted to be given
under this Agreement by either party to the other shall be in writing and shall be sent (except as
otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return
receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier
service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by
certified or registered mail, first class postage prepaid, return receipt requested or by overnight
delivery by traditionally recognized courier service), addressed to such party as follows:
's1 )
C1011-069 Logistics Management Group Agreement for Jazz Fest October 2011 4 -i
If to the City: Alan J. Cohen With a copy to:
City Manager Hans Ottinot
City of Sunny Isles Beach City Attorney
18070 Collins Avenue City of Sunny Isles Beach
Fourth Floor 18070 Collins Avenue
Sunny Isles Beach, Florida 33160 Fourth Floor
Tel: (305) 792-1701 Sunny Isles Beach, Florida
33160
Tel: (305)792-1702
If to the Consultant: Randi Freedman,President
Logistics Management Group
16375 N.E. 18th Avenue,#327
North Miami Beach,Florida 33162
Tel: 305 949-2883
15. GOVERNING LAW: The validity of this Agreement and the interpretation and
performance of all of its terms shall be construed and enforced in accordance with the laws of the
State of Florida, without regard to principles of conflict of laws thereof. The location of any
legal action or proceeding commenced under or pursuant to this Agreement shall be in Miami-
Dade County,Florida.
16. ARBITRATION: It is the intention of the parties that whenever possible, if a dispute or
controversy arises hereunder then such dispute or controversy shall be settled by arbitration in
accordance with the procedures, rules and regulations of the American Arbitration Association.
The decision rendered by the Arbitrator shall be fmal and binding upon the parties and judgment
upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys'
fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails
on the whole, each party shall be responsible for a portion of the costs of arbitration and their
respective attorneys' fees as may be determined by the court on confirmation.
17. INSURANCE: Consultant shall, at its sole cost and expense, during the period
of any work being performed under this Agreement, procure and maintain the following
minimum insurance coverage to protect the City and Consultant against all loss, claims, damage
and liabilities caused by Consultant, its*agents, sub-Consultants or employees, as indicated
below: &gZ)
❑ Comprehensive General liability insurance, including bran contractual
liability coverage for all operations, including, but not limited to, contractual,
products, and completed operations, personal injury and property damage liability
with minimum limits of One Million Dollars ($1,000,000.00) per occurrence and
Two Million Dollars ($2,000,000.00) aggregate.
Insurance required of the Consultant shall be primary to, and not contribute with, any
insurance or self-insurance maintained by the City. Such insurance shall not diminish
C1011-069 Logistics Management Group Agreement for Jazz Fest October 2011 5 %)
Consultant's indemnification and obligations hereunder. The insurance policy(ies) shall be
issued by companies authorized to do business under the laws of the State of Florida and
acceptable to the City with a minimum Best's Insurance Guide rating of A-Excellent. Before
any work under this Agreement is performed, and at any time upon request, Consultant
shall furnish to the City certificates of insurance evidencing the minimum required
coverage and shall be appropriately endorsed for contractual liability, with the City
named as additional insured. All policies shall contain a waiver of subrogation
endorsement. All policies and certificates shall be in forms and issued by insurance
companies acceptable to the City Manager or his designee. All insurance policies and
certificates of insurance shall provide that the policies may not be canceled or altered without
thirty (30) days prior written notice to the City Manager. Consultant shall also require and
ensure that each of its sub-Consultants providing services hereunder (if any) procures and
maintains, until the completion of the services, insurance of the types and to the limits
specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN
THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY.
18. MISCELLANEOUS:
A. In the event any provision of this Agreement is found to be void and
unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement
shall nevertheless be binding upon the parties with the same effect as though the void or
unenforceable provisions had been severed and deleted.
B. This Agreement may be executed in multiple identical counterparts, each of
which shall be deemed an original for all purposes.
C. This Agreement shall constitute the entire agreement between the parties with
respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral
and written negotiations, commitments, agreements and understandings relating hereto.
D. Any modification of this Agreement shall be effective only if in writing and
signed by the parties to this Agreement.
E. No waiver of any provision of this Agreement shall be valid or enforceable unless
such waiver is in writing and signed by the party granting such waiver.
F. The terms and conditions in this Agreement supersede any other conflicting
provisions that are contained in any other document, including but not limited to Attachment
(The remainder of this page has been intentionally left blank.)
C1011-069 Logistics Management Group Agreement for Jazz Fest October 2011 6
•1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
year first written above.
,/,,Z .
;' LOGISTICS MANAGEMENT GROUP
Si�� e
Twits�2 S Y: !Awl!'" 1..
WITNESSES:
Signature
Print Name
ATTEST:• • CITY OF SUNNY ISLES BEACH
' 1,4 , ' t BY: G
4 % ' 4 , �2�'C
• • - ane A. Hmes,tCMC, City Clerk rman S. Edelcup, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFI' IENCY
1/ ./
B ' A/12A(
7r•7, ty Attorney
C1011-069 Logistics Management Group Agreement for Jazz Fest October 2011 7 _ ,'• ,�
C
I
0gd""Y'S`FS City of Sunny Isles Beach
ti - q, 18070 Collins Avenue
= Sunny Isles Beach, Florida 33160
1e ➢91-;- --.0-- ‘.3 p"47 (305)947-0606 City Hall
''TY of,K "1'� (305)949-3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo, City Manager
FROM: Susan Simpson, Cultural and Community Services Director
DATE: 7/18/2013
RE: Agreement with Logistics Management Group for Jazz Fest 2013
RECOMMENDATION:
It is recommended that the City Commission approve the attached resolution to
enter into an agreement with Logistics Management Group to produce Jazz Fest
2013 in an amount not to exceed Forty-Four Thousand Nine Hundred Sixty-Eight
Dollars and Eighty Cents ($44,968.80).
REASONS:
The City plans to host Jazz Fest 2013 in conjunction with Miami-Dade County's
Live Music Month in November 2013. Logistics Management Group (LMG) has
the resources to hire and manage professional local entertainers, stagehands,
sound, lighting and stage technicians as well as manage the backstage area and
the vendors.
This reduced amount from last year is due in part to the use of local talent as well
as the assumption of some responsibilities by the City such as use of some City
equipment (risers, tents, tables, chairs) and the use of City personnel to support
the set up and break down of the event.
ADDITIONAL INFORMATION:
This item is before Commission now to facilitate the planning of the event,
however actual expenses related to this agreement will not be paid until Fiscal
Year 2013-2014. Sponsors will be recruited and a grant will be applied for to help
Agenda Item No 10D
Date 7/18/2013
63
defray the cost of this event.
FUNDING SOURCE:
Funds for this item are contingent on the approval of the FY 2013-2014 General
Fund budget in account number 10.572.5578, SIBRA.
ATTACHMENTS:
• Resolution
• 2nd Amendment to Agreement
Agenda Item No IOD
Date 7/18/2013
64