HomeMy WebLinkAboutReso 2009-1468
RESOLUTION NO. 2009- ~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, RATIFYING THE APPROVAL
OF AN AGREEMENT BETWEEN LOGISTICS MANAGEMENT
GROUP AND THE CITY OF SUNNY ISLES BEACH, TO PROVIDE
LOGISTICAL AND EVENT MANAGEMENT SERVICES FOR THE
CITY'S JAZZ FESTIVAL ON OCTOBER 16-18, 2009, IN AN
AMOUNT NOT TO EXCEED SIXTY-FIVE THOUSAND DOLLARS
($65,000.00), ATTACHED HERETO AS EXHIBIT "A";
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City is holding its Second Annual Sunny Isles Beach Jazz Festival on
October 16-18, 2009 (the "Festival"); 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, building and coordinating the physical site, and coordinating
communication and security needs; 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 enter into an Agreement with Logistics Management
Group, to provide these services for the Festival, in an amount not to exceed Sixty-Five Thousand
Dollars ($65,000.00), 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. Ratification of Approval of Agreement. The Agreement with Logistics
Management Group to provide logistical and event management services for the City's Second
Annual Jazz Festival, in an amount not to exceed Sixty-Five Thousand Dollars ($65,000.00),
attached hereto as Exhibit "A", is hereby ratified.
Section 2. Authorization of the 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.
R2009- Logistics Group Agmt for Jazz Fest
Page I of2
PASSED AND ADOPTED this 1 ih day of September 2009.
ATTEST:
~A~
Jane A. Hines,CMC, City Clerk
APPROVED AS TO FORM
AND L AL SUFFICIENCY:
Vote: S-o
Mayor Norman S. Edelcup
Vice Mayor Lewis Thaler
Commissioner Roslyn Brezin
Commissioner Gerry Goodman
Commissioner George "Bud" Scholl
R2009- Logistics Group Agmt for Jazz Fest
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Seconded by: Co~ ~~'2 \,~_
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V(Y es)
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Page 2 of2
CITY OF SUNNY ISLES BEACH AND
LOGISTICS MANAGEMENT GROUP
AGREEMENT CONTRACT NO. C0809-058
THIS AGREEMENT, entered into this '2t.. ~ day of 1\tA.(i,~ 2009, by and
between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to "City") and
LOGISTICS MANAGEMENT GROUP authorized to do business in the State of Florida
(hereinafter referred to as "Consultant"), whose Federal I.D. # is (., <;. - 03"'2. ~ SIt
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 17, 2009, ("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.
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
C0809-058 Logistics Management Group Agreement
Exhibit "A"
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.
C0809-058 Logistics Management Group Agreement for Jazz Fest October 2009
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
with scheduled event date of October 17, 2009. The term of this Agreement may be extended for
an additional term at the option of the City. 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. 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.
C0809-058 Logistics Management Group Agreement for Jazz Fest October 2009
3
(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 Paragraph 11 A(i) and (ii) 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.
12. 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: Rick Conner 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
13. 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.
C0809-058 Logistics Management Group Agreement for Jazz Fest October 2009
4
14. 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 final 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.
15. 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:
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) 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
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's Risk Management Department. 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. The City reserves the right from time
to time to change the insurance coverage and limits of liability required to be maintained by
Consultant hereunder. 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.
C0809-058 Logistics Management Group Agreement for Jazz Fest October 2009
5
16. 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.
17. 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 Attachment "A".
(The remainder of this page has been intentionally left blank.)
C0809-058 Logistics Management Group Agreement for Jazz Fest October 2009
6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
year first written above.
LOGISTICS MANAGEMENT GROUP
Signatufe
/~~A )jd)1-(,~'4l C',
Print Name
A TTEST: CITY OF SUNNY ISLES BEACH
BY ",JOh-J ~'--.
Jane A. Hines, C, CIty Clerk
APPROVED AS TO FORM AND
LEGAL SUFF IENCY
C0809-058 Logistics Management Group Agreement for Jazz Fest October 2009
7
Randi Freedman
Logistics Management Group, Inc.
16375 N.E. 18th Avenue, # 327
North Miami Beach, FL 33162
Tel: 305-949-2883
August 4, 2009
Susan Simpson, CHS Director
City of Sunny Isles Beach
18070 Collins Ave.
Sunny Isles Beach, FL 33160
RE: Proposal for Management Services - 2009 Sunny Isles Beach Jazz Festival
Dear Susan:
Logistics Management Group, Inc. (LMG) is pleased to provide the City of Sunny Isles Beach
(City) this proposal to provide event management services for the City including all logistics,
event production and management services for the event for the Sunny Isles Beach Jazz Festival
to be held on October 17, 2009 at the David Samson Oceanfront Park. The services outlined
below are included, but not limited to:
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.
*Interface with Transportation Company for the national act movements
* Arrange sound, staging, lighting...
*Coordinate entertainment schedules
*Develop plan for crowd flow and control
ATTACH.MENT "A"
* Coordinate all 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
$5,000.00. This is a management fee and does not include the goods and services outlined in
budget below. Logistics further agrees that 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 $65,000 and detailed as follows:
National Entertainment
Local Bands
Tech/Hospitality riders
Sound, stage, lights
Sponsor & concession tents
Fencing
Sanitation
LMG Fee for all weekend
Private Security
Radios
TOTAL
Miscellaneous Expenses
$21,000.00
$5,000.00
$5,000.00
$20,110.00
$3,100.00
$2,000.00
Provided by City
$ 5,000.00
$1,751.25
$ 350.00
$ 63,311.25
Any and all additional expenditures for materials, goods and services deemed reasonable and
necessary and approved by City shall be paid promptly to LMG within fourteen (14) days of
billing.
Cancellation
In the event of contract cancellation within (30) days of anyone 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.
LMG appreciate the opportunity to provide these management services to the City of Sunny
J~les;."ShoJ.lld you have any questions please do not hesitate to give me a call at 305-949-2883.
/
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City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO:
The Honorable Mayor and City Commission
FROM:
Alyce Hanson, Administrative Services Director
Susan Simpson, Cultural and Human Services Director
DATE:
9/17/2009
RE:
Resolution for an Agreement with Logistics Management Group for the
2009 Sunny Isles Beach Jazz Fest
RECOMMENDATION:
It is recommended that the City Commission adopt the attached resolution ratifying the
approval of an agreement with Logisitics Management Group to provide logistical .and
event management services for the 2009 Sunny Isles Beach Jazz Fest on October 17,
2009 in an amount not to exceed Sixty Five Thousand Dollars ($65,000.00).
REASONS:
The City is desirous of hosting a nationally recognized concert event that will showcase
the City of Sunny Isles Beach as the destination for the "ultimate South Florida
experience". To provide an event of this caliber, it is necessary to contract with an event
organizer to manage the event from beginning to end. This agreement includes the
expenses of the national entertainment, stage, lighting, tents, fencing, security, and other
required expenses as detailed in the attached agreement.
ADDITIONAL INFORMATION:
Tickets will be sold to help defray the costs of this event in the amount of$25 per ticket.
It is estimated that at least 1,000 tickets will be sold. In kind beverage donations will be
sold to benefit the non-profit organization Joshua's Heart Foundation.
FUNDING SOURCE:
$20,000 is budgeted in general fund account number 10.519.5578. Additional funding
will come from ticket proceeds, cash sponsorships, and grants.
ATTACHMENTS:
. Resolution
. Agreement
Agenda Item -l D L
Date
http://sibagenda.sibfl.net/agenda/Preview.aspx?l temID=92&MeetingID=
q-ll-Ocr