HomeMy WebLinkAboutR-94-0048J-94-31
1/27/94
RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH J. M.
SERVICES, INC., TO OPERATE AND MANAGE THE
BAYFRONT PARK CRAFTS FESTIVAL TO BE HELD IN
MILDRED AND CLAUDE PEPPER BAYFRONT PARK ON
SPECIFIED WEEKENDS FOR A FOUR YEAR PERIOD
COMMENCING IN JANUARY, 1994 FOR A FEE OF NOT
LESS THAN $8,000 PER MONTH; FURTHER, WAIVING
THE REQUIREMENTS OF SECTION 906.9(o) OF
ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
"TEMPORARY SPECIAL EVENTS; SPECIAL PERMITS"
THEREBY RELEASING THE RESTRICTIONS WHICH
LIMIT THE NUMBER OF PERMISSIBLE SPECIAL
EVENTS ON CITY -OWNED LAND.
WHEREAS, the Bayfront Park Management Trust is constantly
exploring new revenue generating sources; and
WHEREAS, a guaranteed monthly rental from a crafts festival
would greatly enhance the Bayfront Park Management Trust's
services to the community; and
WHEREAS, the Bayfront Park Management Trust issued a Request
For Proposals ("RFP") for the operation of a crafts festival to
be held at Mildred and Claude Pepper Bayfront Park (the "Park");
and
WHEREAS, J.M. Services, Inc., was the only respondent to the
RFP; and
CITY COKMSSION
MEETING OF
.BAN 2 7 1994
Aeeoiudon Na
WHEREAS, the Bayfront Park Management Trust Executive
Committee and Ira M. Katz, Executive Director, have reviewed the
proposal and recommend that (1) the City enter into an agreement
with J.M. Services, Inc. to operate and manage a Crafts Festival
at the Park as set forth hereinabove and (2) the City Commission
waive the requirements of Section 906.9(o) of Ordinance
No. 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, which limits the number of permissible special events on
1 City -owned land to no more than ten (10) temporary events per
I site, each for a maximum of two (2) weeks, per year;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings set forth in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized to
enter into an Agreement, in substantially the attached form, with
J.M. Services, Inc., for the purpose of operating and managing
the Bayfront Park Crafts Festival to be held in the Mildred and
Claude Pepper Bayfront Park on specified weekends for a four year
period commencing in January, 1994 for a fee of not less than
$8,000 per month.
Section 3. The City Commission hereby waives the
requirements of Section 906.9(o) of Ordinance No. 11000, as
amended, the Zoning Ordinance of the City of Miami, Florida,
"Temporary Special Events; Special Permits", which limits the
number of permissible special events on City- owned land to no
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more than ten (10) temporary events per site, each for a maximum
of two (2) weeks, per year.
Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 27th day of January 1994.
A E
MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
wu�—
I M. ABELLA
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
� r
A': QVIUN JES , II
CITY ATTOJ AY
GMM:osk:bir:bss:M4049
MM
TEPHEN P. CIIARK, MAYOR
0
USE AGREEMENT
This USE AGREEMENT ("Agreement") made this day of
, 1994, by and between the BAYFRONT PARK MANAGEMENT
TRUST ("TRUST"), a limited agency and instrumentality of the City
of Miami, Florida ("CITY"), and J.M. SERVICES, INC. ("USER"), a
Florida corporation.
Whereas, the TRUST was created to direct, operate, manage
and maintain all aspects of the Bayfront Park ("PARK"), for the
purposes of ensuring maximum community utilization and enjoyment;
and
Whereas, the TRUST is to attract organized activities and
functions to the PARK consistent with the purposes mentioned
above; and
Whereas, the TRUST issued a Request for Proposals seeking a
crafts festival management company to establish and operate the
type of festival that is appropriate for the CITY's primary
waterfront property; i.e., a crafts festival and not a flea
market; and,
Whereas, USER was the only company that made a proposal to
establish and operate such a crafts festival; '.
In consideration of the covenants and agreements hereinafter
set forth, the TRUST does hereby grant unto the USER, the
privilege of entry upon or into PARK to be entered upon or into
for the purpose of a crafts festival to be held in the PREMISES
and during the dates and times ("USE PERIOD") as defined
hereinafter.
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1. Description of Premises:
a. The PREMISES will consist of the area of the PARK
which is located along the Baywalk, around the Mildred and Claude
Pepper Fountain, and along the Flagler Promenade, as further
described in the map attached as Exhibit "A" and made a part
hereof, and as it might be amended from time to time by mutual
agreement of the parties.
b. The restroom facilities at the Light Tower shall
be operational and open during each USE PERIOD. A janitorial
service shall be brought in and paid for by the USER for proper
cleanup prior to and after each USE PERIOD.
2. Term of Agreement:
a. This Agreement shall be for a period of four (4)
years commencing on March 1, 1994, unless otherwise terminated,
extended or renewed in accordance with the provisions of this
Agreement.
b. It is agreed and understood that the CITY and
TRUST may issue a Request for Proposals for the operation of a
crafts festival in anticipation of the expiration of this
Agreement. In such event, USER shall have the right, at its sole
discretion, to match any proposal which the CITY and TRUST wis
to accept, on the condition that the minimum Base Rental Fee to
be paid by USER for any extension or renewal shall be at leas
$8,500 per month plus the fees listed in Section 5.b and 5.c_
USER shall be given at least thirty (30) days to exercise such
right. If USER agrees to match such proposal, this Agreement
shall then be renewed for up to one (1) additional two (2) year_
period beginning on the expiration of the original term.
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94- 48
3. Permitted Use:
The PREMISES shall be used by USER for the operation of
a crafts festival and market and related business use. USER
shall use reasonable effort to conduct proper screening of all
potential vendors and to the extent possible, ensure that no
stolen merchandise is displayed or sold on the PREMISES. USER
will call the festival "Miami's Bayfront Park Crafts Festival"
("FESTIVAL"). TRUSTS's Executive Director and TRUST shall have
the right to control the advertising, signage and aesthetics of
the FESTIVAL and the presentation of and the type and quality of
merchandise, food and drinks sold by vendors and they can demand,
at TRUST's sole discretion, the removal of unacceptable
merchandise, food and drinks from the PREMISES. A maximum of 156
vendors will be permitted to occupy the PREMISES as per attached
Exhibit "A" and made a part hereof.
4. Use Period:
a. The FESTIVAL will be held on a maximum of 48
weekends per year, on Saturdays and Sundays and any other days
deemed appropriate and agreed to by both parties. TRUST shall
not permit any other festivals or activities to interfere with
the operation of the FESTIVAL except that during the Special
Events listed in Exhibit "B", attached and made a part hereof,
and as it may be amended from time to time, the FESTIVAL shah
not operate to the extent that such Special Events are held
during a weekend. The USER acknowledges that TRUST has the right
to schedule up to five (5) other special weekend events per year
not listed in Exhibit "B". USER shall be given at least a four
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(4) weeks written notice of TRUST's intention to use the PARK
and/or PREMISES for such special events.
b. The hours of operation of the FESTIVAL on the
weekends
i
shall be
from
9:00 a.m. to
5:00 p.m. on
each
Saturday
and each
Sunday.
Set
up time shall
be from 7:00
a.m.
to 9:00
a.m. and
dismantle
time
shall be from
5:00 p.m. to
7:00
p.m. on
each weekend day that the FESTIVAL is held. The vehicles
operated by USER, its subcontractors and vendors shall be allowed
onto the PARK's Baywalk only during the set up and dismantle
times. The hours of use, set up and dismantle times on any other
days deemed appropriate by TRUST and USER shall be agreed to in
writing by both parties.
5. Fees:
As consideration for use of the PREMISES set forth -in
Section 1, USER agrees to pay TRUST as rent during this Agreement
the following fees:
a. Base Rental shall be payable on the dates and in
the amount specified below:
March 1, 1994 - February 29, 1996
a minimum annual guaranteed
payment of $96,000 or 20% of
gross revenue, whichever is
greater, payable in minimum
monthly installments of
�
$8,000;
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March 1, 1996 - February 28, 1997
a minimum annual guaranteed
payment of $99,000 or 20% of
gross revenue, whichever is
greater, payable in minimum
monthly installments of
$8,250; and
March 1, 1997 - February 31, 1998
a minimum annual guaranteed
payment of $102,000 or 20% of
gross revenue, whichever is
greater, payable in minimum
monthly installments of
$8,500.
Base Rental is payable once per month, on the first of each
month, except for the first two (2) monthly payments which are
due on March 31, 1994 and April 10, 1994, respectively.
b. USER agrees to pay TRUST $750.00 per weekend that
the FESTIVAL is held for the food and beverages concession
rights. Payment shall be made no more than fifteen (15) days
after such revenue is generated. It is further agreed that USER
has the exclusive right to sell and/or contract for the sale of
all such foods and beverages.
C. If the USER chooses to sell beer and/or alcoholic
beverages, it agrees to pay TRUST (i) $300 per day per
beer/alcohol vending location in the PREMISES during each USE.
PERIOD and (ii) 21% of gross revenue from such. sales. All
payments related to this subsection shall be made no more than
fifteen (15) days after collection of such revenue. TRUST shall
cooperate with USER in its application for the appropriate
beer/alcohol license(s). If the USER chooses to sell beer and/or
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alcoholic beverages, wrist bands must be used by consumers to
ensure that no minors are purchasing or consuming the same and no
more than 2 (two) drinks at a time may be sold to an individual.
TRUST reserves the right to approve the wrist band staff selected
by USER, which approval shall not be unreasonably withheld.
d. TRUST will designate an area of 35 linear square
feet by 35 linear square feet of the PARK to store materials and
equipment by USER to operate the FESTIVAL. USER shall have the
right to fence in the designated area. USER shall erect such
permanent fencing after obtaining written approval from TRUST.
e. If the FESTIVAL does not operate either at the
request of TRUST or due to force majeure, there shall be a pro-
rata adjustment of the monthly Base Rental per day that the
FESTIVAL does not operate. USER is responsible to pay all rent
and fees due regardless of weather conditions, except in case of
force majeure.
f. USER is responsible for the payment of any and all
applicable taxes.
g. USER shall pay interest on any Base Rental or Fees
that remains unpaid fifteen (15) days after due date. Said
interest shall be computed at the maximum legal rate and be
payable upon demand by TRUST and shall be considered additiona
rent.
h. USER shall be responsible for the payment .of all
fees which are reasonably required to hold the FESTIVAL,
including but not limited to fire, police, electrical contractor,
solid waste, cleaning contractor, parking crew and TRUST staff
needed during each USE PERIOD.
04_ 48
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i. USER shall purchase, and keep in place for the
term of the Agreement and any extension or renewal hereof, a
performance bond in the amount of $50,000.00 naming the TRUST as
the beneficiary and payable to TRUST if Agreement is terminated
by TRUST for cause or if USER terminates the Agreement prior to
its expiration date and any extension or renovate hereof.
6. Audit Rights:
TRUST and/or CITY reserve the right to audit the records of
USER relating to this Agreement at any time during its
performance and for a period of one (1) year after final payment
is made under this Agreement.
7. Laws Applicable:
USER accepts this Agreement and hereby acknowledges that
USER's compliance with all laws of the State of Florida,
Ordinances of the City of Miami and Dade County, Florida,
pertaining to the operation and maintenance of the PREMISES,
including but not limited to building codes and zoning
restrictions, is a condition of this Agreement, and USER shall
comply therewith as the same presently exist and as they may
amended hereafter.
8. Permits:
USER shall obtain and pay for all necessary permits,
including but not limited to, the required assembly permit from
the Office of Fire Prevention as per SECTION No. 19-516 of the
Code of the City of Miami and any required zoning permits. Fire
Department manpower and safety requirements shall be determined
by the Fire Department. USER shall pay the City c/o Occupational
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License Division, Finance Department, all applicable occupational
license fee(s). TRUST shall cooperate with USER in its
application of the permits required under this subsection.
9. Security:
USER shall provide at its cost all necessary security to be
determined by the CITY and the TRUST. The TRUST reserves the
right to approve any private security firm selected by USER to
handle security at the PREMISES during each USE PERIOD, which
approval shall not be unreasonably withheld.
10. Land Lease Restrictions:
Under the Land Lease Restriction and Decoma Ventures, paid
events in the PARK are restricted to 4,000 patrons unless
approved by Decoma Ventures, Leisure Management Miami, Miami
Sports and Exhibition Authority and the Bayfront Park Management
Trust.
11. Damage Deposit:
USER shall furnish TRUST a $2,000.00 damage deposit in the
form of a money order, cashiers check or cash which TRUST will
hold for the term of the Agreement and any extension or renewal
hereof.
12. No Assignment or Transfer:
USER cannot assign or transfer this Agreement, or any parts
thereof, unless TRUST agrees in writing to said assignment or `
transfer.
13. Condition of Area:
USER hereby accepts the PREMISES in its present condition at
the start of each day of use and shall maintain it in good order
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and repair and in an attractive, clean and sanitary condition for
the duration of each day of use. TRUST shall maintain the
PREMISES and PARK in non -Festival days, in good order and repair,
and in an attractive, clean and sanitary condition during the
period of the Agreement or any extension or renewal hereof.
14. Improvements:
USER agrees that no construction, repairs, alterations,
additions, partitions or improvements may be undertaken upon the
PREMISES unless TRUST agrees in writing to said improvement.
TRUST shall cooperate with USER to obtain all necessary permits
in order to make any improvements approved by TRUST.
15. Right of Entry:
TRUST, CITY or any of their properly designated agents,
representatives or employees, shall have the right to enter the
PREMISES during all reasonable working hours, to examine and/or
inspect the same.
16. Risk of Loss:
USER shall indemnify and save CITY, TRUST, and American
Telephone and Telegraph, Inc. ("AT&T") harmless against all risks
of loss, injury or damage of any kind or nature whatsoever to
property now or hereafter placed on or within said PREMISES
during each USE PERIOD, and all risk of loss, injury or damage of
any kind or nature whatsoever to the contents of such PREMISES
improvements made by USER to the structure or structures, or to
any goods, chattels, merchandise or to any other property that
may now or hereafter be placed upon the PREMISES, whether
belonging to USER or others, whether said loss, injury or damage
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results from fire, hurricane, rising water or from any other
cause or other contingency, and whether the same be caused by the
claimed negligence of CITY, TRUST or AT&T and shall keep CITY ,
TRUST and AT&T harmless from all claims and suits growing out of
any such loss, injury or damage.
17. Indemnification and Hold Harmless:
The USER covenants and agrees that it shall indemnify, hold
harmless and defend CITY, TRUST, AT&T and their employees and
agents from and against any and all claims, suits, actions,
damages or causes of action of whatever nature arising during the
period of this Agreement, for any personal injury, loss of life
or damage to property sustained in or 'on the PREMISES, by reason
of or as a result of USER' s use or operations thereon, and from
and against any orders, judgments or decrees which may be entered
thereon, and from and against all costs, attorneys' fees,
expenses and liabilities incurred in an about the defense of any
such claims and the investigation thereof; provided however, than
the foregoing indemnification shall not apply if the claims,
costs, liabilities, suits, actions, damages or causes of action
arise from the negligence or willful misconduct of CITY, TRUST,
AT&T or any of their employees, agents or otherwise.
18. Insurance:
USER shall maintain throughout the period of this Agreement
and through any periods of extensions or renewals, the following
insurance:
a. Commercial General Liability, Comprehensive
General Liability or its equivalent, including premises,
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operations, and contractual coverages, with a combined single
limit of at least $1,000,000 for bodily injury liability and
property damage liability. The CITY, TRUST and AT&T shall be
named as additional insured on the policy or policies of
insurance.
b. Any other coverage deemed necessary in the course
of business including builder's risk for construction and
renovations, broad form property coverage in building, fire,
flood and extended coverage on a replacement cost basis and
worker's compensation as determined by State law.
C. Automobile liability insurance covering all owned,
non -owned and hired vehicles used in conjunction with operations
covered by this Agreement. The policy or policies of insurance
shall contain a combined single limit of at least $1,000,000•.00
for bodily injury and property damage.
d. The policy or policies of insurance required shall
be so written that the policy or policies may not be cancelled or
materially changed without sixty (60) days advance written notice
to the CITY and TRUST. Said notice should be delivered to City's
Risk Management Department, 300 Biscayne Boulevard Way, Miami,
Florida 33131.
e. A current Certificate and Policy of Insurance
showing the required coverage shall be supplied to TRUST and
CITY. Insurance policies required above shall be issued by
companies authorized to do business under the laws of the State,
with the following qualifications as to management and financial
strength: The company should be rated "A" as to management, and
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no less than class "X" as to financial strength, in accordance
with the latest edition of Best's Key Rating Guide, published by
Alfred M. Best Company, Inc., Oldwick, New Jersey 08858, or
acceptance of insurance company which holds a valid Florida
Certificate of Authority issued by the State of Florida,
Department of Insurance, and are members of the Florida Guarantee
Fund. Receipt of any documentation of insurance by the CITY,
TRUST or by any of their representatives which indicates less
coverage than required does not constitute a waiver of the USER's
obligation to fulfill the insurance requirements herein.
f. TRUST shall ensure that any and all of its
subcontractors have appropriate worker's compensation coverage.
19. Peaceful Relinquishment:
At the expiration of the Agreement period, or any
extensions or renewals hereof, USER shall, without demand,
quietly and peaceably relinquish, it use of the PREMISES in as
good condition as it is now, except for normal wear and tear,
such relinquishment also being required upon demand of, pursuant
to the provisions of Section 2 hereof, or as provided in Section
22 hereof or as may otherwise be directed by TRUST and/or CITY.
20. Forfeit of Cancellation:
All advance sums, advanced payments for services, or
damage deposit, shall be forfeited if, through the fault or
action of the USER, the FESTIVAL is not held within the dates and
times contracted.
94- 48
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21. Default Provisions:
In the event that USER in any manner violates the
terms, restrictions and conditions of this Agreement, then, and
in that event, after twenty (20) days written notice given to
USER by TRUST, or CITY, within which to cease such violation or
to correct such deficiencies, and upon failure of USER to do so
after such written notice, within said twenty (20) day period,
this Agreement will be automatically terminated without the need
for further action by the TRUST or CITY and all payments,
advances, or other compensation paid by USER, while in default of
the provision herein contained, shall be forthwith retained by
TRUST. Termination of the Agreement, and any extension or
renewal hereof, under this section and/or collection of the
performance bond and/or damage deposit does not limit TRUST's
and/or City's rights in law or equity.
22. Interest Conferred by Agreement:
The provisions of this Agreement do not constitute a lease
and the rights of USER hereunder are not those of a tenant. No
leasehold interest in the PREMISES is conferred upon USER under
the provisions hereof and USER does not and shall not claim at
any time any interest or estate of any kind or extent whatsoever
in the PREMISES by virtue of this Agreement or its use of the
PREMISES hereunder. USER does not and shall not claim at any
time any interest or estate of any kind or extent whatsoever in
the PREMISES by virtue of any expenditure of funds by the USER
for improvements, construction, repairs, partitions or
alterations to the PREMISES.
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23. Court Costs and Attorney(s) Fees:
In the event that it becomes necessary for any party to
institute legal proceedings to enforce the provisions of this
Agreement, the prevailing party shall be entitled to payment of
its court costs and attorney(s) fees.
24. Governing Law:
The Agreement shall be construed according to the laws
of the State of Florida and venue shall be in Dade County.
25. Nondiscrimination:
USER shall not discriminate against any persons on
account of race, color, sex, religion, creed, ancestry, national
origin or handicap in the use of the PREMISES.
26. Utilities:
Unless otherwise provided herein, the TRUST shall
provide all utilities, including electricity, water and trash
disposal.
27. Tents:
The tents used by USER for the FESTIVAL shall be of
comparable quality to the tents used by TRUST and are subject to
TRUST approval, which shall not be unreasonably withheld.
i
28. Authorized Personnel:
The TRUST shall have authorized representatives with
decision making authority, reasonably available at all reasonable
times throughout the USE PERIOD for consultation with USER.
j 29. Authority to Execute Agreement:
i
Each party represents to the other that it has the
power to enter in the AGREEMENT, that the consent of no other
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person or entity is required in connection therewith, except as
otherwise provided in the Agreement, and that it constitutes a
valid and binding obligation of each party in accordance with the
terms hereof.
30. Relationship of Parties:
This Agreement shall not be deemed or construed to
create any agency relationship, partnership, or joint venture
between the CITY, the TRUST and USER.
31. Notices:
Unless otherwise provided herein to the contrary, all
notices required under the Agreement shall be deemed to be given
when hand -delivered (with receipt 'therefor) or mailed by
registered or certified mail, postage prepaid, return receipt
requested and if addressed:
AS TO THE CITY:
Cesar H. Odio
City Manager
City of Miami
3500 Pan American Drive
Miami, Florida 33133
WITH A COPY TO:
A. Quinn Jones, III
City Attorney
300 Biscayne Boulevard
Suite 300
Miami, Florida 33132
AS TO THE TRUST:
Ira Marc Katz
Executive Director
301 N. Biscayne Blvd.
Miami, Florida 33132
AS TO USER:
Jose M. Infante
J.M. Services, Inc.
401 N.W. 38th Ct.
Miami, FL 33135
(305) 541-9536
(305) 262-6245 (Fax)
AS TO THE TRUST
Commissioner J.L. Plummer Jr.
Chairperson
3500 Pan American Drive
Miami, Florida 33133
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32. Entire Agreement/Amendment:
The Agreement constitutes the sole and entire Agreement
between the parties hereto; no alteration, amendments or
modifications shall be valid unless executed by an instrument in
writing signed by all parties and approved by the TRUST.
33. Successors and Assigns:
All terms and conditions of the Agreement shall be
binding upon the parties, their successors and assigns, and
cannot be varied or waived by any oral representation or promise
of any agent of the parties hereto or any other person, unless
the same be in writing and mutually signed by the duties
authorized agent or agents executing the Agreement.
34. General Conditions:
a. No less frequently than once each quarter on•an
annual basis, each year for the term of this Agreement, and any
extensions or renewals hereof, USER shall assist TRUST in the
management and operation of seasonally -appropriate events, in the
sole judgment of the TRUST, that shall enhance Bayfront Park and
the Crafts and Arts Festival.
b. USER shall provide to TRUST a copy of its 1992
U.S. Corporate Income Tax return and of every yearly return
thereafter until expiration of the Agreement and any extension or
renewal hereof.
C. Title and paragraph headings are for convenient
reference and are not a part of this Agreement.
d. In the event of conflict between the terms of this
Agreement and any terms or conditions contained in any attached
documents, the terms in this Agreement shall rule.
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e. No waiver or breach of any provision of this
Agreement shall constitute a waiver of any subsequent breach of
the same or any other provision hereof, and no waiver shall be
effective unless made in writing.
f. Should any provisions, paragraphs, sentences,
words or phrases contained in this Agreement be determined by a
court of competent jurisdiction to be invalid, illegal or
otherwise unenforceable under the laws of the State of Florida,
Dade County, or the City of Miami, such provisions, paragraphs,
sentences, words or phrases shall be deemed modified to the
extent necessary in order to conform with such laws, or if not
modifiable to conform with such laws, then same shall be deemed
severable, and in either event, the remaining terms and
provisions of this Agreement shall remain unmodified and in full
force and effect.
35. Award of Agreement:
USER warrants that it has not employed or retained any
person employed by the CITY or TRUST to solicit or secure this
Agreement and that it has not offered to pay, paid, or agreed to
pay any person employed by the CITY or TRUST any fee, commission
percentage, brokerage fee, or gift of any kind contingent upon o
resulting from the award of this Agreement.
36. Conflict of Interest:
a. USER covenants that no person under its employ who
presently exercises any functions or responsibilities in
connection with this Agreement has any personal financial
interest, direct or indirect with CITY or TRUST. USER further
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covenants that, in performance of this Agreement, no person
having such conflicting interest shall be employed. Any such
interest on the part of USER or its employees must be disclosed
in writing to CITY and TRUST.
b. USER is aware of the conflict of interest laws of
the City of Miami (City of Miami Code Chapter 2, Article V), Dade
County, Florida (Dade County Code Section 2-11.1) and the State
of Florida, and agrees that it shall fully comply in all respects
with the terms of said laws.
IN WITNESS WHEREOF, the parties hereto have individually and
through their proper corporate office executed the Agreement,
this the day and first written.
ATTEST: CITY OF MIAMI, a Municipal
Corporation of the State of
Florida.
By: By:
City Clerk Cesar H. Odio
City Manager
WITNESSES: BAYFRONT PARK MANAGEMENT TRUST
By: By:
Commissioner J. L. Plummer, Jr.
BAYFRONT PARK MANAGEMENT TRUST
BY:
Ira Marc Katz
Executive Director
94.- 48
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ATTEST:
Corporate Secretary
APPROVED AS TO INSURANCE
REQUIREMENTS:
By:
Sujan S. Chhabra, Director
Risk Management Department
USER: J.M. SERVICES, INC.
By:
Title:
APPROVED AS TO FORM AND
CORRECTNESS:
By:
A. Quinn Jones, III
City Attorney (fv, [_(/
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Corporate Resolution
Whereas, the Board of Directors of J.M. Services, Inc. has
examined the terms, conditions and obligations of the proposed
Agreement with the Bayfront Park Management Trust ("TRUST") and
the City of Miami for use of the Bayfront Park;
Whereas, the Board of Directors of J.M. Services, Inc. has
examined terms, conditions and obligations of the proposed
contract with the TRUST and the City of Miami for use of the
Bayfront Park; and
Whereas, the Board of Directors at a duty held a corporate
meeting has considered the matter in accordance with the By -Laws
of the corporations;
Now, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS of
J.M. Services, Inc. that it is hereby authorized and instructed
to enter into a contract with the TRUST and the City of Miami,
and for the price and upon the terms and payments contained in
the proposed contract submitted by the TRUST and the City of
Miami.
IN WITNESS WHEREOF, this day of
of 1994.
ATTEST:
Corporate Secretary
CLL/tg/M471
J.M. SERVICES, INC.
By:
Title:
91 4*- 48
TENTATIVE RECOMMENDED LOCATIOMS 156 'TENTS
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TENTATIVE RECOMMENDED LOCATIONS, 156 TENTS
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America's Birthday Bash - July
The Big Orange Festival - Deoember/January
Discovery of America Day - October
Carnaval Miami - March
,
To: Honorable Mayor and Members
of Miami City Commission
Front Cesar H. o9tiF.'
City Mana "
RBCOXMENDATION e
M I (, D R B 0 N 0 C L A U D E R
BAYFRONT PARR
MAN AG EMENT T R U-S T
301 N. BISCAYNE BOULEVARD, MIAMI, PL $3132
TELEPHONE; (305) 368-7880 PAX; (308) $58.1211
Subjects Crafts Festival
Contract
For City Commission
Meeting of 1/13/94
It is respectfully recommended that the City Commission approve the
contract between the Bayfront Park Management Trust and J. M.
5ervioes, Inc. for the management and operation of a crafts
festival in Bayfront Park.
The Bayfront Park Management Trust is constantly exploring new
opportunities for earned income, and has long sought a reliable and
respected firm to operate a crafts festival in Bayfront Park. on
November 11, 19931 the Bayfront Park Management Trust issued a
request for proposals to operate the festival. J. M. Services,
Inc. , was the only firm to respond. since that time the Trust, City
staff and 0'. M. Services, Inc., have worked together to ensure the
best possible agreement for all parties involved. The cra':ts
festival, in addition to it earned income opportunities for the
Trust, would make ths'park a more attractive destination for south
Florida's residents and visitors.
Attachments:
contract
resolution
94— 48