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HomeMy WebLinkAboutReso 2010-1603 RESOLUTION NO. 2010- -' 106"3 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, 2010, IN AN AMOUNT NOT TO EXCEED FORTY -EIGHT THOUSAND DOLLARS ($48,000.00), 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 Third Annual Sunny Isles Beach Jazz Festival on October 15-17,2010 (the "Festival"); and WHEREAS, the City is in need of a consultant to provide logistical and event management services for the Festival on Saturday, October 16, 2010 at the Samson Oceanfront Park; 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 Forty-Eight Thousand Dollars ($48,000.00), 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 Third Annual Jazz Festival, in an amount not to exceed Forty-Eight Thousand Dollars ($48,000.00), 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 1 of2 PASSED AND ADOPTED this 16th day of September 2010. ATTEST: ~JAL Jane A. Hines, CMC, City Clerk Vote: S-D 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 Moved by: Seconded by: \/"(Y es) (....-"(Y es ) V"(Y es) ~{Yes) _(Yes) Page 2 of2 Lo~ ~C.\.tOLL Vt ~ 'ff\ ~H ~<t.1R.- _(No) _(NO) _(NO) _(NO) _(NO) ~ - " CITY OF SUNNY ISLES BEACH AND LOGISTICS MANAGEMENT GROUP INC. AGREEMENT CONTRACT NO. C0910-057 THIS AGREEMENT, entered into this \ ~ day of ~~lYl~~OlO, by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to "City") and LOGISTICS MANAGEMENT GROUP INC. authorized to do business in the State of Florida (hereinafter referred to as "Consultant"), whose Federal J.D. # is (Os; - 03. 2.. s S; I ( 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 16, 2010, ("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 Forty-Eight Thousand Dollars ($48,000.00). 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 C0910-057 Logistics Management Group Agreement Exhibit "A" J '" , /..J Attachment "A". Consultant agrees to provide the services in a total amount not to exceed Forty-Eight Thousand Dollars ($48,000.00) 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 provlSlons 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. INDEl\1NIFICATION 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 C091O-057 Logistics Management Group Agreement for Jazz Fest October 2010 .'"'\ J 21 / "} (1 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. 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 16,2010. 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. , C091O-057 Logistics Management Group Agreement for Jazz Fest October 2010 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 A venue City of Sunny Isles Beach Fourth Floor 18070 Collins A venue 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 C091O-057 Logistics Management Group Agreement for Jazz Fest October 2010 . . , -, 4 legal action or proceeding commenced under or pursuant to this Agreement shall be in Miami- Dade County, Florida. 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. 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. C091O-057 Logistics Management Group Agreement for Jazz Fest October 2010 l...: J 5 16. MISCELLANEOUS: A. In the event any provlSlon 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.) ~~ I C091O-057 Logistics Management Group Agreement for Jazz Fest October 2010 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. LOGISTICS MANAGEMENT GROUP WITNESSES: Signature Print Name 8~A~ .( ~. Jane A.. Hines, CMC, City Clerk ", I " . _, I BY: ATTEST: r, "- , '" . .. i. ~ ~ . r . . 'j J . . APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: ~ ~~ P/.c<.. 1ians Ottinot, City Attorney , . C091O-057 Logistics Management Group Agreement for Jazz Fest October 2010 7 Agreement Between City of Sunny Isles Beach & Logistics Management Group, Inc. Agreement entered into the 30th day of July 2010, 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 October 16, 2010 at the David Samson Oceanfront 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. *Interface with transportation company for the national act movements * Arrange sound, staging, lighting... *Coordinate entertainment schedules *Develop plan for crowd flow and control *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 ATTACHMENT "A" *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 budgets to be provided. All items an~ 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 $48,000 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 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, 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 Jazz 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 Sie:natorv 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, Iflitigation 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 Logistics Management Group Date Authorized Representative City of Sunny Isles Beach Date Sunny Isles Beach Jazz Festival budget estimate Local Bands Local Band backline Sound, stage, lights Sponsor & concession tents Fencing LMG Fee for all weekend Private Security Miscellaneous Radios TOTAL Main Concert $ 10,000.00 $ 2,500.00 $ 19,750,00 $ 3,682.40 $ 2,000.00 $ 5,000.00 $ 1,757.60 $2,960.00 $ 350.00 $ 48,000.00 ..oiIii Preview Page 1 of 1 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: Susan Simpson, Cultural and Human Services Director DATE: 9/16/2010 RE: Agreement with Logistics Management Group for Jazz Fest 2010 RECOMMENDATION: It is recommended that the City Commission consider the ratification of the attached agreement with Logisitics Management Group to provide logistical and management services for Jazz Fest 2010 in an amount not to exceed Forty Eight Thousand Dollars. REASONS: The City will host the 3rd annual Jazz Fest weekend on October 15-17, 2010. Logistics Management Group will provide event logistical and event management services for the weekend and most importantly, the main event concert on Saturday, October 16, 2010. This agreement includes the contracts for entertainment as negotiated by Logistics Management Group which include Jesse Jones, Jr., Oriente and Ed Calle as the headline artist. Other items covered under this agreement include stage, sound, lighting, security, fencing, tents, and all items related to the set up of the park and the physical production of the event. ADDITIONAL INFORMATION: This contract is $18,000 less than the agreement for 2009 due to a reduction in entertainment expenses. Tickets will be sold, sponsors recruited and grants applied for to help defray the cost of this event. The total budget for this event is not to exceed $88,000. FUNDING SOURCE: Funding is budgeted in the Jazz Fest account number 10.520.5578. ATTACHMENTS: . Resolution http://sibagenda.sibfl.net/agenda/Preview.aspx?ItemID=3 33&MeetingID=0&MeetingDate=... 9/9/2010