Resolution 2019 059
Resolution 2019 059
Resolution 2019 059
2019-059
WHEREAS, in celebration of Independence Day, the City sponsors a public event for
the entertainment of its residents and the general public which includes fireworks, laser light
shows and.musical entertainment;
WHEREAS, Vid Music Group, LLC is in the business of representing and furnishing
the exclusive talent services of the Artist, Jacob Forever, in particular Jacob Forever's musical
performances; and
WHEREAS, the City intends to host its Independence Day Celebration on July 4th, 2019,
and in particular wishes to engage the services of Jacob Forever in order to carry out
performance(s) pursuant to the terms of the Agreement, attached hereto and made a part hereof in
substantial form as Exhibit "1 ", in an amount not to exceed $3 0, 000.
Section 1: The foregoing facts and recitations contained in .the preamble to this
resolution are hereby incorporated and adopted by reference as if fully set forth herein.
Section 2: The City of Hialeah, Florida hereby authorizes Mayor and the City Clerk,
as attesting witness, on behalf of the City, to enter into a Performance Agreement with Vid
Music Group, LLC to engage the services of Jacob Forever as the featured performer for the
City's Independence Day Celebration on July 4th, 2019, in an amount not to exceed $30,000, in
Resolution No. 2019-059
Page2
substantial conformity with the Agreement attached hereto and made a part hereof as Exhibit
"1".
Section 3: This resolution shall become effective when approved by majority vote of
the City Council and signed by the Mayor or at the next regularly scheduled City Council
meeting, ifthe Mayor's signature is withheld or if the City Council overrides the Mayor's veto.
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S:\DDP\LEGISLATURE\RESO 2019\Performance Agreement. Jacob Forever. Vid Music Group. July 4th Celebration 2019.docx
5/17/2019 11:43 AM
PERFORMANCE AGREEMENT BETWEEN
THE CITY OF HIALEAH, FLORIDA AND VID MUSIC GROUP, LLC
WHEREAS, the City intends to host its Independence Day Celebration on July
4th, 2019 ("Event") and in particular wishes to engage the services of Artist in order to
carry out performance(s) pursuant to the terms herein.
A. RECITALS.
The foregoing recitals are true and correct and are hereby incorporated by
reference as if fully set forth herein.
1. The Artist agrees to perform live and in person songs from his musical
repertoire at the Event. The performance shall be no less than 90 minutes in
duration. The Event is scheduled to take place on July 4th, 2019 at Milander
Park, Ted Hendricks Stadium, located at 4800 Palm Avenue in the City of
Hialeah, Miami-Dade County, Florida ("Premises"). Artist is scheduled to
perform between the hours of 8:30p.m. and 10:00 p.m. and must arrive timely
at the performance location.
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3. Unless otherwise specified in this Agreement, Artist agrees to provide the
complete concert fully rehearsed and staged, including all performing
personnel, musicians, musical instruments, equipment, machine or device, and
such additional property and personnel as are required for the proper
presentation and performance of this attraction, including but not limited to
transportation to and from the Event, wardrobe, hair and makeup.
4. In the event that Artist is not ready to perform at curtain time, or if any
performing band member is not present, unable, unwilling to perform, or if
Artist arrives at the performance site in such a condition as to appear to the
City's representative incapable of performing in a reasonably acceptable
manner, then Artist shall be deemed to have committed a material breach of
this Agreement and the City shall have the absolute right in its sole discretion
to cancel the performance or terminate the performance in progress, and to
refuse payment accordingly.
C. COMPENSATION.
2. Company shall be responsible for payment of all fees associated with Artist's
personal dancers, musicians, and staff, opening acts, equipment and all other
personnel. All payments described herein shall be deposited to the following
account, unless otherwise instructed in writing by the Company:
D. GENERAL CONDITIONS.
1. The Artist hereby acknowledges and agrees that the engagement herein
contracted must be conducted in compliance with the City's rules, policies and
procedures and must comply with all laws applicable federal, state and local
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laws, rules and regulations.
3. The Artist shall be solely responsible for the payment of any and all royalty
fees payable as a result of the performance of any copyrighted music or use of
any copyrighted or trademarked materials, machine or device pursuant to the
laws of the United States or any other country.
5. Company shall have the reasonable creative control over the production and
presentation of Artist's performance at the Event hereunder, including, but not
limited to, the details, means and methods of the performance of the
performing artists hereunder.
E. CITY'S OBLIGATIONS.
2. The City agrees to secure three (3) VIP stage side parking spaces for Artist
and his manager, as well as an additional seven (7) parking spaces for
Company's staff.
3. The City shall provide professional security and/or police officers ("Security")
to assure the safe and uninterrupted performance by Artist at the Event, as well
as the protection of Artist, Company, and their group. In addition thereto, the
City shall secure at .least one security personnel, professionally trained in
personal security services, to specifically escort Artist and provide for Artist
personal safety throughout Artist's entire presence at the venue(s).
4. The City agrees to furnish at its sole cost and expense on the date(s), time(s)
and place(s) of the performance(s) all that is necessary for the proper and
lawful presentation of the Event including, without limitation, a suitable
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venue, well-heated, ventilated, light, clean and in good order, and all
necessary first class sound equipment in perfect working condition including
'amplifiers, microphones in number and quality as per "Artist Rider" and in
compliance with Paragraph 6 in this Section E.
6. The City shall make sure that the stage area and access thereto shall be free
from any unauthorized persons, fifteen (15) minutes prior to commencing
Artist's performance as well as during and after the performance, until the
Artist leaves the stage.
7. The City agrees to provide the Artist with a copy of this Agreement, properly
executed, on or before the date of the Event.
F. TECHNICAL RIDER.
City agrees to provide the Artist with the technical specifications contained in the
Artist Rider, attached hereafter and incorporated herein as Exhibit "1" ("Artist
Rider"). It is expressly understood by and between the Parties that the Artist's
technical and logistical spedfications will be met by Reflections Productions, Inc.
("Production Company") pursuant to that certain contract entered into and
between the City and Reflections Productions, Inc. on February 20, 2019 for the
production of City events, attached and incorporated to this Agreement as Exhibit
"2" ("Contract"). The City will meet the Artist's technical and logistical
specifications to the extent that it is possible pursuant to the Contract. It is the sole
responsibility of the Artist to review the Contract to ensure that Artist's technical
and logistical specifications are covered. The City makes no representation or
warranties as to the condition of any equipment or fixture provided to the Artist by
the Production Company, or the fitness of any such equipment or fixture for a
particular purpose. Any changes to the Artist Rider must be approved in writing
by the City.
1. The Artist grants the City the right to use the Artist's voice, image, name and
likeness in promoting the Event through direct-mail, print, e-mail, internet,
social media sites (on which the City manages an official account), television
and radio or any other means, whether now known or hereinafter developed.
The City intends to document the Event and create a historical record or
recapitulation of the Event for the City's use only. In doing so, the City may
record images of the Artist, at any time during the Event. In addition to the
right to use the Artist's voice, name, image and likeness in promoting the
Event, the Artist's grants the City the right to record the Artist before or after
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the performance at the Event for this purpose only. This right does not include
any third party licenses. Any recording of the live performance by the Artist
shall be limited to the first two songs and the last song performed by the Artist.
Upon request by the Artist, the City will provide to the Artist a copy of the
recording clip created by the City for and during the Event that include
recorded images of the Artist's, Artist's likeness, and any recording of the live
performance by the Artist, for the Artist's use.
2. The Artist grants the City the right in perpetuity to exhibit, record, reproduce,
broadcast, transmit, publish, distribute, use and re-use, without further
compensation to Artist, the final product approved by the Artist and containing
the Artist's name, voice, image, likeness, biography and any photographs,
videotapes, motion pictures, recordings or other record of performance of the
Artist (collectively "Rights") at the Event, consistent with the terms of this
Section G. The City's use of the Rights granted herein shall not be for any
commercial advantage. Artist hereby waives, releases, holds harmless,
indemnifies, covenants not to sue, agrees to defend, and forever discharges the
Released Parties from any Claims (as those terms are defined in Section I in
this Agreement) arising out of or in connection with the City's use of the Rights
and the Artist's use of the City's recorded materials. Prior to the City's use or
exercise of the Rights, the City must provide the Artist an opportunity to
inspect and approve any finished product.
3. Artist acknowledges and agrees that stage sponsor banners and surrounds, as
determined by the City, shall not be modified or removed during Artist's
performance at the Event pursuant to this Agreement. The stage sponsor
banners and surrounds shall.be placed along the perimeter or exterior border of
the stage and shall not be projected on any screen inside the stage during the
Artist's performance.
4. At no time shall the City commit the Artist to any interviews, promotional
appearances, meet and greets, or other programmed event public involving
public interaction or contract without Company's prior, written consent.
Written consent may be provided by email at the Company's sole discretion.
H. NONDELEGABLE PERFORMANCE.
The Artist acknowledges that in entering upon this Agreement, the City has relied
upon the Artist's talent, background and experience. As such, the duties and
obligations undertaken by the Artist pursuant to this Agreement shall not be
delegated or assigned to any other person or entity. Any assignment made by
Artist without the express written consent of the City shall be null and void and
shall be grounds for the City to declare a default of this Agreement.
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1. Artist assumes any and all risk of personal injury and property damage
attributable to the willful or negligent acts or omissions of Artist and Artist's
employees, contractors and agents
2. Artist, for himself and his officers, directors, employees, contractors and
subcontractors at any tier, agents, representatives, successors and assigns,
hereby unequivocally waives, releases and forever discharges, hold harmless,
indemnifies, covenants not to sue and agrees to defend the City, its officers,
elected or appointed, directors, employees, agents and attorneys (collectively
the "City's Released Parties") from any and all claims, suits, causes of action
(whether at law or equity), damages, losses, liabilities, costs or expense
(including court costs and reasonable attorney's fees at all level proceedings,
including appellate level) for any personal injury, loss of life, damage to
property, claim for royalties, claim for infringement or any other liability,
injury, damage, loss, cost or expense of any kind whatsoever and from any
judgments, order or decrees entered thereon or resulting therefrom (all
collectively referred to as "Claims"), arising out of, resulting from, relating to,
whether in whole or in part, to Artist's negligent acts or omissions in the
performance of this Agreement. To the broadest extent permitted by law,
Artist shall indemnify the City against and hold the City's Released Parties
harmless from any and all Claims which arise out of, result from or in any way
relate to Artist's intentional or negligent acts or omissions in Artist's
performance of this Agreement.
3. Company, for itself and its officers, directors, employees, contractors and
subcontractors at any tier, agents, representatives, successors and assigns,
hereby unequivocally waives, releases and forever discharges, hold harmless,
indemnifies, covenants not to sue and agrees to defend the City, its officers,
elected or appointed, directors, employees, agents and attorneys (collectively
the "City's Released Parties") from any and all claims, suits, causes of action
(whether at law or equity), damages, losses, liabilities, costs or expense
(including court costs and reasonable attorney's fees at all level proceedings,
including appellate level) for any personal injury, loss of life, damage to
property, claim for royalties, claim for infringement or any other liability,
injury, damage, loss, cost or expense of any kind whatsoever and from any
judgments, order or decrees entered thereon or resulting therefrom (all
collectively referred to as "Claims"), arising out of, resulting from, relating to,
whether in whole or in part, to the Company's negligent acts or omissions in
the performance of this Agreement. To the broadest extent permitted by law,
Company shall indemnify the City against and hold the City's Released
Parties harmless from any and all Claims which arise out of, result from or in
any way relate to Artist's intentional or negligent acts or omissions in
Company's performance of this Agreement.
4. The covenants in this Section shall survive the termination of this Agreement.
Artist and Company acknowledge the broad nature of this indemnification,
waiver, release and hold harmless provision and that the City would not enter
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into this Agreement without the inclusion of such clause. Artist and Company
voluntarily make this covenant and expressly acknowledge receipt of good and
valuable consideration provided by the City in its support.
J. FORCE MAJEURE.
1. A "Force Majeure Event" shall mean any one or more of the following acts
which renders performance by Company or Artist by this Agreement
impossible or unsafe: acts of God; act(s) or regulation(s) of any public
authority or bureau, civil tumult, epidemic, act(s) of public enemy; act(s) or
threats of terrorism; threats; insurrections; riots or other forms of civil disorder
in, or around, the Event venue or any other Company and/or Artist reasonably
believe jeopardizes the safety of Artist, any of Artist's equipment,
musicians or other performers, or any of Company's key personnel; fires;
explosions; floods; shortages of energy or other essential services; failure of
technical facilities, not caused by Artist, or City.
2. If, as the result of a Force Majeure Event (as defined above), Company, Artist,
or the City is unable to, or is prevented from, performing at the Event or any
material obligation under this Agreement, then Company's, Artist's and the
City's obligations hereunder will be fully excused, there shall be no claim for
damages or expenses asserted against the party claiming Force majeure by the
other, and each party shall bear its own costs and expenses in connection with
this Agreement.
K. INDEPENDENT CONTRACTOR.
L. DEFAULT.
Except for breach of performance on the date of the Event by the Artist, if any
party defaults in its performance under this Agreement and does not cure the
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default within five (5) days after written notice of default, the non-defaulting party
may terminate this Agreement, in whole or in part, upon written notice without
penalty. In the event the Artist fails to perform on the date of the Event, the Artist
shall not have the opportunity to cure such breach and shall have forfeited
payment of the Contract Price. The City reserves the right to seek any and all
available remedies under the law.
M. LIMITATION OF LIABILITY.
The City's total liability to the Company or the Artist for any and all liabilities,
claims, or damages arising out of or relating to this Agreement, howsoever caused
and regardless of the legal theory asserted, including breach of contract or
warranty, tort, strict liability, statutory liability or otherwise, shall not in the
aggregate, exceed the amount owed to the Company or Artist by the City under
this Agreement.
In no event shall either party be liable to any other party for any punitive,
exemplary, special, indirect, incidental, or consequential damages (including, but
not limited to, lost profits, lost business opportunities, loss of use or equipment
down time, and loss of or corruption of data) arising out of or relating to this
Agreement, regardless of the legal theory under which such damages are sought.
N. NOTICE.
All notices or other communications which shall or may be given pursuant to this
Agreement shall be in writing and shall be delivered by personal service, or by
registered mail addressed to the other party at the address indicated herein or as
the same may be changed from time to time. Such notice shall be deemed given
on the day on which personally served; or if by mail, upon the date of actual
receipt.
0. ENTIRE AGREEMENT.
This Agreement shall constitute the complete and final agreement of the Parties.
The Parties represent that there are no contracts, memoranda, or agreements,
whether written or oral, which pertain to the subject matter of the Agreement. Any
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modification to this Agreement must be in writing and signed by the Parties. Any
conflicts in the terms of this Agreement and any riders, exhibits or attachments to
this Agreement shall be resolved such that the terms of this Agreement govern in
all cases.
P. CONSTRUCTION OF AGREEMENT.
This Agreement shall be construed and enforced according to the laws of the State
of Florida. Venue for any litigation, which may arise in connection with this
Agreement, shall be in Miami-Dade County, Florida. The Artist agrees to be
subject to the jurisdiction (subject matter and in personam) of the courts in Miami-
Dade County, Florida and amenable to process.
Q. CONFLICT OF INTEREST.
The Artist covenants that no person under his employ who presently exercises any
functions or responsibilities on behalf of the City in connection with this
Agreement has any personal financial interests, direct or indirect, with the Artist.
The Artist further covenants that, in the performance of the Agreement, no person
having such conflicting interest shall be employed. Any such interest on the part
of the Artist or his employees must be disclosed in writing to the City.
The Artist is aware of the conflict of interest laws of the City, Hialeah Code
Chapter 26, Art. I and II; Code ofMiami-Dade County, Florida,§ 2-11.1 et seq.,
and the State of
Florida, Chapter 112, Part III, Florida Statutes and agree that it shall fully comply
in all respects with the terms of such laws.
R. NONDISCRIMINATION.
The Artist and Company represents and warrants to City that the Artist does not
and will not engage in unlawful discriminatory practices and that there shall be no
unlawful discrimination in connection with Artist's performance under this
Agreement on account of race, color, sex, religion, age, handicap, disability,
marital status, national origin, ancestry, familial status, or sexual orientation. The
Artist further covenants that no otherwise qualified individual shall, solely by
reason of his/her race, color, sex, religion, age, handicap, marital status, national
origin, ancestry, familial status, or sexual orientation unlawfully be excluded from
participation in, be denied services, or be subject to discrimination under any
provision of this Agreement.
S. AUTHORITY.
The person signing on behalf of the Company is an officer of the Company with
full authority to execute this Agreement.
If this Agreement is not signed by the Artist, the person signing on behalf of the
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Artist warrants that he/she is duly authorized to act for and on behalf of Artist and
that he/she is authorized to enter into this Agreement. Upon execution this
Agreement shall be binding on all the Parties.
T. MISCELLANEOUS.
1. Captions, title and paragraph headings are for convenient reference and are not
a part of this Agreement. Such captions, title or paragraph headings shall not
be deemed in any manner to modify, explain, enlarge or restrict any of the
provisions contained in this Agreement.
4. Further Assurances. All Parties hereto upon the request of any other party
shall execute such further instruments or documents as may be reasonably
required by the requesting party to implement the terms, conditions and
provisions of this Agreement.
10
501 Palm Avenue
Hialeah, Florida 33 01 0-0040
(SEAL)
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Authorized signature for
Attest Witness: Vid Music Group, LLC
Signature: _ _ _ _ _ _ __ By:_ _ _ _ _ _ _ _ _ __
Name:- - - - - - - - - Title: - - - - - - - - - -
Date:- - - - - - - - - - - Date:- - - - - - - - - - - -
STATE OF __________
COUNTY OF - - - - - -
Print Name
STATE OF __________
COUNTY OF - - - - -
Print Name
My Commission Expires: _ _ _ _ _ __
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2 of 25.
Contacts I Contactos.
Technical Contract I Contrato tecnico.
Backline I lntrumentos.
FOH I Sala.
Monitors I Monitores.
Sends I Envios.
Input list I Lista entrada.
Miscellaneous I Miscelaneas.
Lighting I Luces.
Video
FXs I Efectos Especiales.
Stage plot I Plano de planta.
Hospitality I Hospitalidad.
3 of 25.
CONTACTS I CONTACTOS:
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4 of 25.
TECHNICAL CONTRACT.
The customer agrees to sign the rider, on all pages, in the indicated place and
must return it signed, no less than four (4) weeks before the date agreed
for the event or one week after receiving this document; the soonest op- ·
tion.
CONTRATO TECNICO.
BAG KLINE
The consoles required in this raider are for the exclusive use of
JF totally isolated from the general control of the system
(PA).They can not be shared with another artist or band please
make sure you have adequate equipment to meet the needs for
the other presentations at your event. In case of festival, con-
tact our producer manager for the relevant agreements. FOH-
Console should be center at L&R cross point.
-(MIXER)
-(PA)
9 of 25.
NOTE I NOTAS:
• The Client must provide, to JF and his technical team, a time for
sound check not less than 1 hour and no more than 4 hours
before the opening of doors.
• The Client, or its representative, and the production personnel
must be present during the test.
• The sound system must be capable of reproducing from 20 Hz
to 20 kHz and about" 115 dB of pressure in public areas wit-
hout any problems of polarity I phase and alignment time
between them.
-All its components must be ORIGINAL (imitations will not be accepted)
-The system must operate in STEREO configured in Matrices for its control.
-Our technician must have absolute control of the entire system and adjust it
in conjunction with the system engineer according to the needs of the
show.
-They must have the SMAART or SIM system.
-They should use Front Fill, Out fill if necessary, to cover the entire audience.
• The consoles required in this raider are for the exclusive use of JF can
not be shared with another artist or band please make sure you
have adequate equipment to meet the needs for the other presenta-
tions at your event.
In the event that our technician of monitors for production reasons does not
travel, you should consider asking the sound company for a trained techni-
cian who will be available to our Engineer to do the work of monitors.
(MIXER)
NOTE I NOTES.
~There are 4 floor wedges in the rider, if the event has a runway
we require two more wedges on front off the runway. ** floor
plan opc.2 **
MISCELLANEOUS I MISCELANEAS
LIGHTS I LUCES.
• For small venues please contact our production mahager
to make any adjustment.
W. 20 fVpies.
L. 16 fVpies.
H. 5 fVpies.
Runway. opc.2 16fVpies.
STAGE PLOT I PLANO DE PLANTA.
17 of 25.
II.
• • • •
i.
f ,
• II II II
18 of 25.
VIDEO
Please make sure you have the latest configuration updates of 4.5 pitch pa-
nels and 0.25mts2 panels.
HD processors
Procesadores H D
• Diseno central de las pantallas (principal) 4x2 mts como minimo 4.5 paso •
Tiras laterales de diseno de las pantallas al paso principal de 3x4 mts 4.5 •
Disene pantallas frente a Ia plataforma en toda Ia longitud y altura del
mismo paso 4.5 • Las pantallas disenan ambos lados de Ia plataforma
etapa minima 6x4mts 4.5 pitch En el evento de un festival o club, comuni-
quese con productor para discutir el diseno apropiado.
19 of 25.
FX
(2) C02 Jets with 2 100 pounds tanks each controlled by drnx
patched to the lighting board.
(1) Confeti Cannon (Silver I Red) loaded with 10 pounds each.
Located on front of the stage left and right with 2 opera-
tors in corns.
(2) Jet de C02 con 2 tanques de 100 Iibras control ados por
drnx parcheado a Ia consola de ilurninaci6n.
(1) Canon de Confetty (Piateado I Rojo) cargado con 10 Iibras
cada uno. Ubicado en Ia parte delantera del escenario a Ia
izquierda y Ia derecha con 2 operadores en corns.
20 of 25.
HOSPITALITY
(8) Chairs
(1) Sofa
(1) Full body mirror
(1) Clothes rack (with hangers)
(8) Sets of Cutlery I Tableware
Plastic cups package
(1) Pack of paper napkins
Pack of paper cups for tea
Rolls of paper towels
( 1) Champagne bottle
(2) Cubes with ice and tongs
Table with white tablecloth
(6) White Cotton Towels
Vip Table:
(1) Johnny Walker Blue Label
(1) Cranberry juice
(8) Red Bull
21 of 25.
HOSPITAL! DAD
(8) sillas
(1) Sofa
(1) espejo de cuerpo completo
(1) Perchero (con perchas)
(8) Juegos de cubiertos I vajilla.
Paquete de vasos de plastico
(1) Paquete de servilletas de papel.
Paquete de vasos de papel para el te.
Rollos de toallas de papel
(1) Botella de Champagne
(2) Cubos con hielo y pinzas.
Mesa con mantel blanco.
(6) Toallas de algod6n blanco
Mesa vip:
(1) Johnny Walker Blue Label.
(1) juga de arandano.
(8) Red Bull.
(12 Coca-Cola, Sprite, Juga de Naranja)
23 of 25.
(20) Chairs.
(1) Sofa.
(1) Full body mirror.
(1) Clothes rack (with hangers) 10+ 110 volts Electrical plugs. (1) Table with whi-
te tablecloth.
(2) (16) White cotton towels.
(3) Napkins Package.
(2) Bottled water case (Evian, FIJI) (Pac 24) (1) Tray with cheeses, ham and co-
okies.
(1) Tray or bowl with fresh fruits.
(1) Johnnie Walker Black Label.
SALON DE BANDA.
El vestidor debe tener Ia temperatura, Ia iluminaci6n y Ia ventilaci6n adecuadas,
con espacio suficiente para acomodar a 10 personas. Conviertalo en un Iugar
seguro con acceso exclusivo solo para el artista y el personal.
(20) sillas
(1) Sofa
(1) espejo de cuerpo completo
(1) Perchero (con perchas) 10+ 110 voltios Enchufes electricos Mesa con mantel
blanco.
(16) Toallas de algod6n blanco.
Paquete de Servilletas
(2) Cajas de agua embotellada (Evian, FIJI) (Pac 24) (1) Bandeja de quesos, ja-
m6n y galletas.
(1) Bandeja o cue nco con frutas frescas.
(1) Johnnie Walker Black Label.