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Reso 2011-1760
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Reso 2011-1760
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Last modified
10/21/2011 3:49:45 PM
Creation date
9/22/2011 2:45:11 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2011-1760
Date (mm/dd/yyyy)
09/15/2011
Description
Agmt w/Logistics Mgmt Group:Logistical&Event Mgmt Srv JazzFest 2011
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<br />3. COl\1PENSATION. Payment to Consultant for all charges and tasks under this <br />Agreement shall be in accordance with this Agreement and the schedule of charges reflected in <br />Attachment "A". Consultant agrees to provide the services in a total amount not to exceed Sixty- <br />Five Thousand Dollars ($65,000.00) which includes all management and project expenses. <br /> <br />Consultant shall make no other charges to the City for supplies, labor, taxes, licenses, permits, <br />overhead or any other expenses or costs unless any such expense or cost is incurred by <br />Consultant with the prior written approval of the City. If the City disputes any charges on the <br />invoices, it may make payment of the uncontested amounts and withhold payment on the <br />contested amounts until they are resolved by agreement with Consultant. <br /> <br />Consultant shall not pledge the City's credit or make it a guarantor of payment or surety for any <br />contract, debt, obligation, judgment, lien, or any form of indebtedness. The Consultant further <br />warrants and represents that it has no obligation or indebtedness that would impair its ability to <br />fulfill the terms of this Agreement. <br /> <br />4. UNDISCLOSED CONDITIONS: In the event that undisclosed conditions are <br />discovered during the performance of this Agreement, the City shall have the right to cancel this <br />Agreement upon ten (10) days written notice to Consultant. <br /> <br />5. OWNERSmp OF DOCUMENTS:The parties agree that all documentation and work <br />product produced pursuant to this Agreement shall become the exclusive property of the City and <br />shall be provided to the City upon request. <br /> <br />6. INDEPENDENT CONSULTANT RELATIONSHIP: It is understood and agreed <br />that nothing contained in this Agreement shall be deemed to create a partnership, joint venture, <br />other association, or an employer/employee relationship between the Consultant and the City. <br />Consultant shall be in the relation of an independent Consultant and is to have entire charge, <br />control and supervision of the work to be performed hereunder. <br /> <br />7. COl\1PLIANCE WITH LAW: Consultant shall comply with all laws, regulations and <br />ordinances of any federal, state, or local governmental authority having jurisdiction with respect <br />to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material <br />permits, licenses, approvals and consents necessary for the lawful conduct of the activities <br />contemplated under this Agreement. Specifically, Consultant shall comply with all applicable <br />conflict of interest provisions as provided in state statutes, Miami-Dade County Code and the <br />Code of the City of Sunny Isles Beach (Section 62-16 entitled "Ethics in Public Contracting"). <br />As provided in Section 62-16, Code of the City of Sunny Isles Beach, the City Commission may <br />terminate this Contract for violation of the above-referenced ethical standards. <br /> <br />8. INDEMNIFICATION AND WAIVER OF LIABILITY: The Consultant agrees, to <br />the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents, <br />representatives, officers, directors, officials and employees from and against any and all claims, <br />damages, losses and expenses (including but not limited to attorney's fees, arbitration costs, and <br />costs of appellate proceedings) relating to, arising out of or resulting from the Consultant's acts, <br />errors, mistakes or omissions in connection with this Agreement. <br /> <br />CIOII-069 Logistics Management Group Agreement for Jazz Fest October 2011 <br /> <br />2 <br />
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