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HomeMy WebLinkAboutReso 2022-332712 RESOLUTION NO. 2022 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RATIFYING AN AGREEMENT WITH DON CASINO PRODUCTIONS, INC. TO PROVIDE TALENT AND PRODUCTION SERVICES FOR CITY'S 25TH ANNIVERSARY EVENT, IN AN AMOUNT NOT TO EXCEED SIXTY-THREE THOUSAND FIVE HUNDRED DOLLARS ($63,500.00), 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 of the City of Sunny Isles Beach ("City") has expressed their desire to provide events that showcase high-level talent and production; and WHEREAS, the City is in need of a contractor that can provide talent and production services for the City's 25th Anniversary Event ("Services"); and WHEREAS, Don Casino Productions, Inc. ("Contractor") specializes in supplying entertainment for 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 Manager, after performing his due diligence, has determined that the Contractor provided unique and one of a kind talent and production services and that it was, therefore, appropriate to enter into a sole source Agreement with Contractor; and WHEREAS, the City Commission now wishes to ratify an Agreement with Don Casino Productions, Inc. to provide talent and production services for the City's 25th Anniversary Event, in an amount not to exceed Sixty -Three Thousand Five Hundred Dollars ($63,500.00), 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. Ratification of Agreement. The City Commission hereby ratifies an Agreement with Don Casino Productions, Inc. to provide talent and production services for the City's 25th Anniversary Event, in an amount not to exceed Sixty -Three Thousand Five Hundred Dollars ($63,500.00), attached hereto as Exhibit "A". Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 3. Effective Date. This Resolution will become effective upon adoption. @BCL@B4057BBC.Doc Page 1 of 2 289 PASSED AND ADOPTED this 191h day of May 2022. Dana Robin Goldman, Mayor ATTE T: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Mau kcio Betanc r, CMC, City Clerk t Edward A. Dion, City Attorney Moved by: J��sP-A-P"-Seconclecl by: rt '/S-5& �/� Z/V/X.- Vote: Mayor Goldman Vice Mayor Viscarra (Yes) (No) (Yes) (No) Commissioner Joseph (Yes) (No) Commissioner Lama es) (No) Commissioner Stuyvesant Z( es) (No) @BCL@B4057BBC.Doc Page 2 of 2 290 ..UNNr f[^r p� •, 9F CITY OF SUNNY ISLES BEACH City Anniversary PERFORMANCE AGREEMENT ' � fLOa\Op yt CONTRACT NO. THIS AGREEMENT ("Agreement") entered into this 5 day of May 2022 , by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to "City"), a municipal corporation of the State of Florida, and Don Casino Productions (hereinafter referred to as "Contractor"). SECTION ONE City Anniversary EVENT Contractor shall provide a professional Musical performance for the Celebration of the Isles Event , beginning June 12th, 2022 at 5:00 a.m./p.m! and ending on June 12th, 2022 at 9:00 a.m./p.rr. (hereinafter referred to as the "Event"). The location of the Event shall be at Gateway Park (151 Sunny Isles Blvd) located in the City. SECTION TWO DUTIES OF CONTRACTOR A. Contractor shall ensure the group performs at the event to the best of their ability in rain or shine conditions, unless weather conditions are too severe for the group to perform. B. Contractor agrees and understands that this event is intended to be a family-oriented event and shall refrain from any performance that is offensive, sexually oriented, or lewd and lascivious. C. Contractor shall provide the following services for the Event in addition to the performance: 5:00pm — 5:45 pm Opening Music 5:45pm — 6:15 pm Cake Cutting / Opening Remarks 6:20pm — 6:50pm City Presentation on Screen 6:50pm - 7:30pm Ryan Cabrera (opener) 7:35pm — 9:00pm O-Town/LFO/Chris Kirkpatrick Contractor to provide full sound/lights and performance. D. Contractor shall perform on set between 5:00 a.m./p,m. _ 9:00 le sets as follows: Page 1 of 10 a.m./p.m; or 291 E. Contractor shall hire no other Contractors to fulfill his/her/its obligations under this agreement, without the written consent of the City. SECTION THREE COMPENSATION As the entire compensation to Contractor for its services to the City under and during the terms of this Agreement, in whatever capacity rendered, the City shall pay to the Contractor the sum of $63,500.00 Dollars ($63,500.00 ). Payment shall be made in the form of a check made payable to Don Casino Productions Payment of said compensation shall be made in the following manner. I . A deposit of Thirty Nine Thousand, Two Hundred and Fifty Dollars ($39,250.00 ) to be paid upon execution of this Agreement. 2. The balance of Twenty Four Thousand, Two Hundred and Fifty on the day of the event. Dollars ($24,250.00 ) to be paid SECTION FOUR LIABILITY FOR EXPENSES All expenses in any way pertaining to the musical group shall be the sole and separate liability of the Contractor. City assumes no financial responsibility of any kind or nature relative to the musical group listed in Section One. SECTION FIVE INDEMNIFICATION The City shall not in any way be answerable or accountable for any violations of applicable laws or for any injury, loss or damage arising from the negligence or omission of the Contractor or any one of its employees, or agents. Contractor hereby agrees to indemnify, defend and hold harmless the City from and against any claim, loss, damage, liability, cost or expense, including attorneys' fees arising out of the performance by the Contractor, including those of its employees and/or agents, of its obligations under this Agreement, including any personal or bodily injury, including death, to any person and destruction of property. SECTION SIX CANCELLATION If the Contractor is unable to perform at the scheduled time/date due to severe illness, acts of God (i.e. hurricanes, tornadoes, flooding, etc), or strikes, epidemics or similar circumstances beyond the Contractor's reasonable control, then Contractor shall immediately notify the City and request cancellation of the Event. The City further reserves the right to cancel the Event by noon of the Event date listed in Section 1 if inclement weather is forecasted which would likely result in potential damage to Contractor's equipment or anticipated low attendance. The right of the City to cancel the Event shall be at its sole discretion and without penalty to the City. In the event of such cancellation under this Section, the Contractor agrees to reschedule the Event, in cooperation with the City within 30 (thirty) days of the canceled Event. In the event the Contractor is unable to reschedule the canceled Event Page 2 of 10 292 within this time period, then Contractor shall be required to return any funds paid by the City, including but not limited to, the initial deposit. SECTION SEVEN 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 (and sub Contractor(s)) 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 ten (10) days written notice. The terms of Paragraph 7A(i) and 7A(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. SECTION EIGHT ASSIGNMENT OF RIGHTS The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. SECTION NINE NO WAIVER The failure of either party to this Agreement to insist upon the performance of any of the terms and Page 3 of 10 293 conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as thereafter waiving any such terms and conditions, but the same shall continue and remaining full force and effect as if no such forbearance or waiver had occurred. SECTION TEN GOVERNING LAW, VENUE AND ATTORNEY'S FEES It is agreed that this Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida. Venue for any legal proceeding shall be in Miami Dade County, Florida. Ion the event it becomes necessary for the City to file a lawsuit to enforce any terms or provision under this Agreement 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. SECTION ELEVEN WAIVER OF RIGHT TO JURY TRIAL Each of the parties hereto hereby knowingly, voluntarily and intentionally, waives the right which any may have to a jury trial in respect of any action, proceeding, litigation or counterclaim based hereon or arising out of, under, on or in connection with this Agreement or any course of conduct, course of dealing, statements (whether verbal or written) or actions of either of party. SECTION TWELVE EFFECT OF PARTIAL INVALIDITY The invalidity of any portion of this Agreement shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect asif they had been executed by both parties subsequent to the expungement of the invalid provision. SECTION THIRTEEN ENTIRE AGREEMENT This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. SECTION FOURTEEN 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: Page 4 of 10 294 If to the City: Stan Morris With a copy to: City Manager Edward Dion, City Attorney City of Sunny Isles Beach City of Sunny Isles Beach 18070 Collins Avenue 18070 Collins Avenue Fourth Floor Fourth Floor Sunny Isles Beach, Florida 33160 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1701 Tel: (305) 792-1702 If to the Contractor: Name: Karen Riesel Title: Director of Sales Address: 303 South 21 Avenue, Hollywood FL 33020 Tel: ( 305 ) 931-7552 x11 SECTION FIFTEEN MODIFICATION OF AGREEMENT Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or authorized representative of each party. SECTION SIXTEEN PARAGRAPH HEADINGS The titles to the paragraphs of this Agreement are solely for the convenience of the parties and shall not be used to explain, modify, simplify, or aid in the interpretation of the provisions of this Agreement. SECTION SEVENTEEN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute the same instrument. SECTION EIGHTEEN INDEPENDENT CONTRACTOR Except as expressly provided for in this Agreement, Contractor is not authorized to act as the City's agent hereunder and shall have no authority, expressed or implied, to act for or bind the City hereunder in any manner whatsoever. Page 5 of 10 295 SECTION NINETEEN CONFLICTING PROVISIONS The terms and conditions in this Agreement supersede any other conflicting provisions that are contained in any other document, including but not limited to any attachments hereto. SECTION TWENTY AVAILABILITY OF FUNDS The City's performance and obligation to pay under this Agreement is contingent upon an appropriation of the funds for this purpose by the City Commission. SECTION TWENTY-ONE MEDIA RELEASE The Contractor shall agree to give permission for photographs to be used in future promotional materials by the City. 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. SECTION TWENTY-TWO 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. Page 6 of 10 296 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119 FLORIDA STATUTES, TO THE CONTRACTOR'S DUTYTO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT (305) 792- 17039 CITYCLERK@SIBFL.NET, 18070 COLLINS AVENUE, 4TH FLOOR, SUNNY ISLES BEACH, FLORIDA 33160. SECTION TWENTY-THREE COMPLIMENTARY TICKETS The Contractor shall be permitted up to N/A complimentary tickets per performance. However, these tickets shall not be resold or otherwise distributed by Contractor or anybody else acting on Contractor's behalf. The City may also, at the sole discretion of the City Manager or his designee provide Contractor up to an additional NSA tickets per performance at the same discounted ticket price charge to City residents. SECTION TWENTY-FOUR PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES By accepting this Agreement, Performer/Instructor certifies that Performer/Instructor is not listed on the Scrutinized Companies that Boycott Israel list, the Scrutinized Companies with Activity in Sudan list, the Scrutinized Companies with Activities in Iran Petroleum Energy Sector list, has not engaged in business operations in Cuba or Syria nor is engaged in the boycott of Israel pursuant to Florida Statutes Section 287.135. SECTION TWENTY-FIVE INSURANCE REQUIREMENTS 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 coverages to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, or employees, as indicated below: ❑ 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) per occurrence. ❑ Worker's Compensation, as required by the State of Florida Employer's Liability. 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(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 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 Page 7of10 297 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. The City reserves the right from time to time to change the insurance coverage and limits of liability required to be maintained by Contractor hereunder. Contractor shall also require and ensure that each of its sub -contractors 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. SECTION TWENTY-SIX E -VERIFY Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E -Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. Florida Statute 448.095 further provides that if Performer/Instructor enters into a contract with a subcontractor, the subcontractor must provide the Performer/Instructor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, Performer/Instructor is required to verify employee eligibility using the E -Verify system for all existing and new employees hired by Performer/Instructor during the contract term. Further, Performer/Instructor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of Performer/Instructor to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website (https://www.e-verify.gov/employers/enrolling-in-e-verify) and follow the instructions. The Performer/Instructor must retain the 1-9 Forms for inspection, and provide the attached E -Verify Affidavit, attached hereto as Attachment "A". IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. WITNESS: [Signature] name BY: Ac&4.0t, IQe-d Name & Title Karen Riesel, Director of Sales, DCP [ADDITIONAL SIGNATURE PAGE TO FOLLOW] Page 8 of 10 ATTEST BY:, Mauricio Bet nct City Clerk, CMC Department Head CITY OF SUNNY ISLES BEACH BY: 4� "- ` Stan Morris, City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY Page 9of10 � Q2Dt:� Of ice of City Attorney 299 Attachment "A" E -Verify Affidavit Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E - Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, all contractors doing business with the City of Sunny Isles Beach are required to verify employee eligibility using the E -Verify system for all existing and new employees hired by the contractor during the contract term. Further, the contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website (https://www.e-verify.gov/employers/enrolling-in-e-verify) and follow the instructions. The contractor must, as usual, retain the I-9 Forms for inspection. By affixing your signature below you hereby affirm that you will comply with E -Verify requirements. Karen Riesel Company or Individual Name Don Casino Date 5/17/2022 Signature /l a Q 1 4�d Title Director of sales Print Name Karen Riesel Federal Employer Identification Number (FEIN) 59-2327091 Notary Public Information Sworn to and subscribed before me on this this day of , 2022. By ❑Is personally known to me ❑Has produced identification (type of identification produced: Signature of Notary Public Print or Stamp of Notary Public Expiration Date Page 10 of 10 SRL 9> r F L(); ¢ `m frr or sup n City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Stan Morris, City Manager FROM: Colin Summers, Interim Cultural and Community Services Director DATE: May 19, 2022 RE: Ratification of an Agreement with Don Casino for Talent and Production Services RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: The City is hosting their 25th Anniversary event on Sunday, June 12, 2022 and is in need of a musica performance befitting the size of the event, as well as the desires of the community. The Cultural & Community Services Department surveyed residents to get feedback on what genre of music they wanted for the marquee concert. The survey results showed that "pop" music was the number one choice. As such, we found a touring group, the UCI FSO Pop 2000 Tour, which includes multiple pop music performers. As is standard with performing artists, we are required to engage in the agreement through their agent, which in this scenario is Don Casino Productions, Inc. In order to provide a successful and engaging event and ensure that we have these performers locked in and secured, the City Manager determined it was appropriate to enter into a Sole Sourc( Agreement with Don Casino Productions, Inc. City staff is requesting ratification of this agreement in an amount not to exceed Sixty -Three Thousand Five Hundred Dollars ($63,500.00), attached hereto as Exhibit "A". Item Number: 10.G 287 FUNDING SOURCE: Funds have been appropriated in account no. 001-6-5730-431000-60833. ATTACHMENTS: Resolution Agreement Item Number: 10.G 288