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HomeMy WebLinkAboutReso 2019-3021 RESOLUTION NO. 2019 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH DON CASINO PRODUCTIONS, INC. TO PROVIDE TALENT AND PRODUCTION SERVICES FOR VARIOUS CITY EVENTS THROUGHOUT THE YEAR, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($125,000.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT AND TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission has expressed their desire to provide events that showcase with high-level talent and production; and WHEREAS, the City is in need of a contractor that can provide talent and production services for various City events throughout the year ("Services"); and WHEREAS, Don Casino Productions, Inc. ("Contractor") specializes in supplying entertainment for land venues in the United States and worldwide; and WHEREAS, the Contractor is an entertainment management group that represents hundreds of exclusive entertainment acts and is qualified, willing, and able to provide these Services to the City; and WHEREAS, the City has determined that the Contractor provides unique and one of a kind talent and production services and that it is, therefore, appropriate to enter into a sole source Agreement with Contractor; and WHEREAS, the City Commission now wishes to enter into an Agreement with Don Casino Productions, Inc. to provide talent and production services for various City events throughout the year, in an amount not to exceed One Hundred Twenty-Five Thousand Dollars ($125,000.00), 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 Agreement. The City Commission hereby approves an Agreement with Don Casino Productions, Inc. to provide talent and production services for various City events throughout the year, in an amount not to exceed One Hundred Twenty-Five Thousand Dollars ($125,000.00), attached hereto as Exhibit "A". Section 2. Authorization of City Manager. The City Manager is hereby authorized to execute said Agreement and to do all things necessary to effectuate this Resolution. Section 3. Effective Date. This Resolution will become effective upon adoption. R2019 Don Casino Production Svcs Page 1 of 2 PASSED AND ADOPTED this 21st day of N. gemb:1 2019. George H. `choll, Mayor . r ATTE.1 r % f k =J f . � I' 'I' Mauricio Betan r, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY &wk,,ieti a 2p., Edward A. Dion, City Attorney Moved by: v ( (.6 QR1 ry Second by: Cbtanft-t .-"4 ---VC-CC/Of-4°c VOTE: Mayor Scholl (Yes) (No) Vice Mayor Svechin —1(Yes) (No) Commissioner Goldman (Yes) (No) Commissioner Lama ✓ (Yes) (No) Commissioner Viscarra _�(Yes) (No) R2019 Don Casino Production Svcs Page 2 of 2 1 i ' SUNN I't�PJ - :'``h{"kis AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND DON CASINO PRODUCTIONS INC.; FOR EVENTS TALENT AND PRODUCTION AGREEMENT O,son'''‘Q THIS AGREEMENT (hereinafter referred to as the "Agreement") is made in triplicate, this _17_ day of _December , 2019, by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, a Florida Municipal Corporation located at 18070 Collins A venue, Sunny Isles Beach, FL 33160, (hereinafter referred to as "City"), and DON CASINO PRODUCTIONS INC., (hereinafter referred to as"Contractor") whose Federal I.D. is 59-2327091. RECITALS WHEREAS,through the course of the year the City has various events that it holds which require the need for talent and production,including for example the Hispanic Heritage Celebration and Music in the Isles; and WHEREAS,the City is in need of a contractor that can provide talent and production services for various events throughout the year; and WHEREAS, Contractor is qualified to, provide these services and is an entertainment management group that represents hundreds of different entertainment acts; and WHEREAS,the City has determined that the Contractor provides such unique and one of a kind talent and production services, that it is now appropriate to enter into a sole source contract with Contractor for purposes of providing talent and production services to various City events throughout the year("Services")at a not-to-exceed rate of One Hundred Twenty-Five Thousand Dollars($125,000), the sole source justification is attached as Attachment"A". NOW, THREFORE, in consideration of the promises and the mutual covenants herein the parties agree as follows: TERMS 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. SERVICES. Contractor shall provide talent and production services as requested by the City for various events throughout the year. The Services to be performed by the Contractor on an event-by-event basis shall be those set forth in task orders periodically issued to Contractor throughout the term of this agreement. Each task order shall set forth the basis of compensation and the details related to the individual event. Contractor 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. t Contractor 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 Contractor fails to complete the Services, and City must undertake the completion of performance of Services, Contractor agrees to indemnify the City for all 1 Entertainment Agreement City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach,Florida 33160 (305) 947-0606 phone(305) 949-3113 Fax costs incurred with respect to the completion of those Services and any damages the City may suffer as a result of the Contractor's failure to perform the Services. 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder,the term of this Agreement shall begin upon full execution of this agreement and shall be completed and shall terminate no later than January 2, 2021. The terms of Sections 15 and 18 entitled "Indemnification and Waiver of Liability," and "Compliance with Law,"respectively, shall survive termination of this Agreement. 4. COMPENSATION. Contractor shall be compensated on an event by event basis as detailed in a task order issued by the City. The services to be provided by Contractor for the term of this Contract shall not exceed One Hundred Twenty-Five Thousand Dollars($125,000). a. Disbursements. There are no reimbursable expenses associated with this contract except for expenses pre-approved by the City Manager. b. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the. initiating City Department. Payments shall be made in accordance with any task order issued. Deposits of up to fifty percent(50%)of the basis of compensation for an individual task order may be paid in advance of an event. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. The City will pay properly submitted Contractor invoices following each monthly period within 30 (thirty) days of receipt, for completed and accepted deliverables or specified services and/or goods, unless the City notifies the Contractor in writing of the dispute, before the payment is due. Contractor 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 Contractor 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 Contractor. Contractor 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 Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 5. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent Contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent Contractor other than those obligations which have been or shall have been undertaken by the City. 2 Entertainment Agreement City of Sunny Isles Beach 18070 Collins Avenue,Sunny Isles Beach,Florida 33160 (305) 947-0606 phone(305) 949-3113 Fax Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 6. INSURANCE. Contractor 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 Contractor against all loss, claims, damage and liabilities caused by Contractor,its agents oremployees,as indicated below: o Comprehensive General liability insurance, including broad form 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)combined single limit per occurrence. o Worker's Compensation, as required by state law. o Business Automobile Liability which shall include coverage for all owned, non-owned and hired vehicles for minimum limits of not less than Five Hundred Thousand Dollars ($500,000.00) combined single limit per occurrence for bodily injury and property damage. o Professional Liability Insurance, with a minimum limit of not less than One Million Dollars ($1,000,000.00) per claim and aggregate for errors and/or omissions of Contractor in the performance of this Agreement Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or self-insurance maintained by the,City. Such insurance shall not diminish Contractor's indemnification and obligations hereunder. The insurance policy 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 A.M. Best rating of A-Excellent. Before any work under this Agreement is performed, and at any time upon request,Contractor 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. Contractor shall also require and ensure that each of its sub-Contractors providing services hereunder (if any) proctues and maintains, until the completion of the services, insurance of the types and to 3 Entertainment Agreement City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305)947-0606 phone(305) 949-3113 Fax the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 7. TERMINATION AND REMEDIES FOR BREACH. A. If, through any cause within reasonable control, the Contractor 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 Contractor of its violation of the particular terms of the Agreement and grant Contractor ten.(10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this Agreement, and the City shall receive a refund from the Contractor in an amount equal to the actual cost of a third party to cure such failure.If Contractor fails,refuses or is unable to perform any term of this Agreement,City shall pay for services rendered as of the date of termination. (i.)In the event of termination,all finished and unfinished documents,data and other work product prepared by Contractor shall be delivered to the City and the City shall compensate the Contractor for all Services satisfactorily performed prior to the date of termination. (ii.) Notwithstanding the foregoing,the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold payment to Contractor for the purposes of set- off until such time as the exact amount of damages due the City from the Contractor 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 Contractor thirty(30)days written notice. The terms of Paragraph 8A(i)and 8A(ii)above shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 8. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period of ten (10) years subsequent to that date upon which the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any person or entity,other than in the discharge of the duties of the Contractor under this Agreement,any information which the City designates in writing as "confidential," provided that confidential information is not subject to exception for material that is in the public domain,material that the Contractor discovered or was made known to the Contractor independently of the City. As a violation by the Contractor of the 4 Entertainment Agreement City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach,Florida 33160 (305)947-0606'phone(305)949-3113 Fax provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity,to enjoin the Contractor from violating such provisions. 9. JURISDICTION,VENUE AND WAIVER OF JURY TRIAL. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All parties agree and accept that jurisdiction of any dispute or controversy arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. In the • event it becomes necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity,defense, or privilege enjoyed by the City pursuant to Section 768.28,Florida Statutes. 10. 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: If to the City: Christopher J. Russo With a copy to: City Manager Edward A.Dion 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)792-1776 Sunny Isles Beach,Florida 33160 Tel: (305) 792-1766 If to the Wendy Garvis, President Contractor: Don Casino Productions, Inc. 303 South 21 Ave Hollywood,Florida 33020 (305) 931-7552 5 Entertainment Agreement City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach,Florida 33160 (305)947-0606 phone(305) 949-3113 Fax • 11. PUBLIC RECORDS. The Contractor shall be required to comply with the following requirements under Florida's Public Records Law: (i.)Contractor shall keep and maintain public records required by the City to perform the service. (ii.) Upon request from the City, Contractor shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. (iii.)Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. (iv.)Contractor shall,upon completion of the contract,transfer, at no cost,to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided by Contractor to the City, upon request from the City, in a format that is compatible with the information technology systems of the City. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT (305) 792- 1703, CityClerk@sibfl.net, 18070 Collins Avenue, Floor, Sunny Isles Beach, Florida 33160. 12. AUDIT. The Contractor shall make available to the City or its representative all required financial records associated with the Agreement for a period of three (3) years. 13. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended,Title 1 of the Housing and Community Development Act of 1974 as amended,Section 504 of the Rehabilitation Act of 1973,the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086, The Contractor will not discriminate against any 6 Entertainment Agreement City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach,Florida 33160 (305)947-0606 phone(305)949-3113 Fax employee or applicant for employment because of,race,color, creed, religion,ancestry, national origin, sex,disability or other handicap, age,marital/familial status,or status with regard to public assistance. The Contractor will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment,notices to be provided by the City setting forth the provisions of this non-discrimination clause. The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 14. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by the City of Sunny Isles Beach Ordinance No. 99-82,which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest, directly or indirectly which should conflict in any manner or degree with the performance of Services under this Agreement. The Contractor further covenants that in the performance of this Agreement,no person having any such interest shall knowingly be employed by the Contractor. The Contractor guarantees that he/she has not offered or given to any member of, delegate to the Congress of the United States, any or part of this contract or to any benefit arising therefrom. 15. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted by law, the Contractor agrees to indemnify and hold-harmless the City, its agents, representatives,officers, directors,officials and employees from any claims,liabilities,damages,losses and costs,including,but not limited to,reasonable attorney fees to the extent cause, in whole or in part, by the professional negligence, error or omission of the Contractor or persons employed or utilized by the Contractor in performance of Services under this Agreement. Contractor shall at all times hereafter indemnify,hold harmless and, at the City's option,defend or pay for an attorney selected by the City to defend City,its agents,representatives,officers,directors, officials and employees from and against any and all causes of action,demands,claims,losses,liabilities and expenditures of any kind, including attorney fees,court costs,and expenses,caused or alleged to be caused by the intentional or negligent act of, or omission of Contractor, including those of their employees, agents, servants, or officers, or accruing, resulting from, or directly related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, I expenditures,demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim,cause of action or demand,Contractor shall, upon written notice from City, 7 • Entertainment Agreement City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach,Florida 33160 (305) 947-0606 phone(305) 949-3113 Fax resist and defend such lawsuit or proceeding by counsel satisfactory to City. Indemnification and waiver shall exclude all claims, causes of action, demands, claims, losses, liabilities and expenditures of any kind arising from the intentional acts or negligence of the City. The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by City, any sum due Contractor under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by City. The parties agree that One Hundred Dollars($100.00)represents specific consideration to the Contractor for the indemnification set forth in this Agreement. 16. MEDIA RELEASE. The Contractor shall agree to give permission for photographs to be used in future promotional materials by the City for an event for which it is providing Services. The Contractor agrees that any photographs, pictures, slides,movies, or videos may be taken in connection with their participation in the event or activity without any compensation from the City or their agents and employees and do hereby consent to the use of said photographs,pictures,slides,movies,or videos for any legal purpose. 17.PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 215.4725, contracting with any entity that is listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israel is prohibited. Contractor must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City's option if it is discovered that the entity submitted false documents of certification,is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or has been engaged in business operations in Cuba or Syria after July 1, 2018. Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. Contractors must submit the certification that is attached to this agreement as Attachment"B". Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice,in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error,then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 215.4725. 18. COMPLIANCE WITH LAW. Contractor shall comply with all laws,regulations and ordinances of any federal,state,or local governmental authority having jurisdiction with respect to this 8 Entertainment Agreement City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone(305)949-3113 Fax 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. 19. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall supersede and take priority over any inconsistent or conflicting provisions that are contained in any other document, including but not limited to Attachment"A"and"B". 20. 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 Contractor shall be permitted a certain amount of complimentary tickets per event. However, these complimentary shall not be resold or otherwise distributed by Contractor or anybody else acting on Contractor's behalf. [SIGNATURES ON FOLLOWING PAGE] 9 Entertainment Agreement City of Sunny Isles Beach 18070 Collins Avenue,Sunny Isles Beach,Florida 33160 (305)947-0606 phone(305)949-3113 Fax IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate on the day and year first written above. WITNESSES: DON CASINO PRODUCTION, INC. ,69;„: Signature BY: Wendy Garvis Print Name ATTEST: CITY OF SUNNY ISLES BEACH BY: � 1E' BY: /f-i'll,10e1-V Mauri io Betanc r,CMC, City Clerk Christopher J. Russo,City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: �.,1t ° BY: Eitt),V1-- - Dep • lent Head Edward Dion, City Attorney 10 Entertainment Agreement