HomeMy WebLinkAbout25030AGREEMENT INFORMATION
AGREEMENT NUMBER
25030
NAME/TYPE OF AGREEMENT
THE SCHOOL BOARD OF MIAMI-DADE
DESCRIPTION
USE AGREEMENT/MANUEL ARTIME PERFORMING ARTS
CENTER/END OF YEAR PERFORMANCE/MATTER ID: 23-2444
EFFECTIVE DATE
February 6, 2024
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
6/12/2024
DATE RECEIVED FROM ISSUING
DEPT.
6/14/2024
NOTE
DOCUSIGN AGREEMENT BY EMAIL
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CITY OF MIAMI
DOCUMENT ROUTING FORM
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ORIGINATING DEPARTMENT: DREAM
DEPT. CONTACT PERSON: Yunior Santana EXT. (305)960-4686
NAME OF OTHER CONTRACTUAL PARTY/ENTITY: South Miami K-8
IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ❑ NO
TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? ❑ YES ❑ NO
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT
❑ PROFESSIONAL SERVICES AGREEMENT
❑ GRANT AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT
❑ LICENSE AGREEMENT
OTHER: (PLEASE SPECIFY) User Agreement
PURPOSE OF ITEM (BRIEF SUMMARY):
Recital
❑ PUBLIC WORKS AGREEMENT
❑ MAINTENANCE AGREEMENT
❑ INTER -LOCAL AGREEMENT
❑ LEASE AGREEMENT
❑ PURCHASE OR SALE AGREEMENT
COMMISSION APPROVAL DATE: / /
FILE ID: ENACTMENT NO.:
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN:
This is a theater event which the use is consistent with the function of the facility
ROUTING INFORMATION
Date
PLEASE PRINT AND SIGN
APPROVAL BY DEPARTMENTAL DIRECTOR May7, 2024
10:40:
54 EDT
PRINT: Andrew Frey
r—DocusignedFt
..1
Andres,
SUBMITTED TO RISK MANAGEMENT
May 7, 2024
I 11:16:35
EDT
PRINT: Ann -Marie Sharpe
SIGNATURE:
DocuSigned
ttiril
t.�5g3nR(3W-2.
SUBMITTED 20 CITY ATTORNEY °s
Matter ID#:I June 6, 2024
14:10:43 EDT
PRINT: George K Wysong
SIGNATURE:
,,^DocuSigned b
ss.—S8770F9FF882
APPROVAL BY ASSISTANT CITY MANAGER
June 11, 2024
I 07:12:45 EDTSIGNATURE:
PRINT: Larry Spring
r—Docusignedb}
lArnSpr
`—G9D2602B97E
RECEIVED BY CITY MANAGER
June 11, 2024
111:25:14
EDT
PRINT: Arthur Noriega
SIGNATURE:
,—DocuSigned b
Arai- None
ti.--s rrFSCR72D
June 12 , 2024
I
17:01:20 EDT
PRINT: Todd Hannon
SIGNATURE:
PRINT:
SIGNATURE:
PRINT:°s
SIGNATURE:
,,—DocuSigned by:
—E46D7560DCF1455
(--,,
1) ONE ORIGINAL TO CITY CLERK,
2) ONE COPY TO CITY ATTORNEY'S OFFICE,
3) REMAINING ORIGINAL(S) TO ORIGINATING
DEPARTMENT
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4
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PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE
EXECUTION BY THE CITY MANAGER
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MANUEL ARTIME PERFORMING ARTS CENTER
June 12, 2024 1 17:01:20 EDT
This Use Agreement ("Agreement") is entered into this 6 day of February , 2024, by and
between the City of Miami, a municipal corporation of the State of Florida ("City") and The School
Board of Miami -Dade County. by and through the South Miami K-8 Center, a political subdivision
of the state of Florida ("User").
RECITALS
A. User has requested that the City make available to it the use of the lvtanucl Artimc
Performing Arts Center ("Facility"), for the fee specified herein.
B. The City owns and operates the Facility and is willing to permit User to use the
Facility during the use period subject to the terms and conditions set forth herein.
C. The City Commission, by Ordinance 12403, has approved the fees and rates being
charged to the User hereunder. and has authorized the execution of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, the City hereby grants to User a limited license for the right, privilege and permission
to enter into and upon Facility for the Permitted Use and during the Use Period, as the terms are
hereinafter defined, subject thc terms and conditions set forth in this Agreement.
1. TERM: The term of this Agreement shall commence upon full execution hereof and
shall terminate upon fulfillment of all thc responsibilities and obligations of the parties hereunder
("Term").
2. PERMITTED USE: User shall be permitted to enter and occupy certain portions of the
Facility for the purposes of presenting End of Year Performance("Event") as follows:
(a) Other Uses: Should User wish to use the Facility at any other times or for any
other purposes. then the proposed use and the charges to be paid in connection therewith shalt he
as customarily charged by the City for similar use of the Facility.
(b) Reservation by other users: For purposes of this paragraph, the
auditorium or any portion of the Facility shall be deemed to have been reserved by another user if.
as of the date hereof, such areas are reserved for use by another user or if the City notifies User of
a prior reservation at least fifteen (15) days prior to the date of the reserved event or use.
(c) No Interest Conferred: This Agreement confers no exclusive possession of
the Facility. The User cannot exclude the City from the Facility. This Agreement solely provides
a license that authorizes User to the temporary use of the Facility for the limited purposes set forth
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herein and for no other purpose. The parties hereby agree that the provisions of this Agreement
do not constitute a lease. The rights of User hereunder are not those of a tenant but are a mere
personal privilege to do certain acts of a temporary character in the Facility and to use the Facility,
subject to the terms of this Agreement. The City retains dominion, possession and control of the
Facility.
3. USE PERIOD: The use period shall consist of the periods for set-up and dismantle and
for presentation of the Event ("We Period").
• The period for presentation of the Event#1 shall commence at 7:00pm,, on the 17 day of
May, 2024, and shall terminate at 9:00pm, on the 17 day of May, 2024.
• The period for rehearsal #1 of the Event#1 shall commence at 9:00am, on the 15 day of
May, 2024, and shall terminate at 1:00pm, on the 15 day of May, 2024.
• The period for rehearsal #2 of the Event#1 shall commence at 2:00pm, on the 15 day of
May, 2024, and shall terminate at 6:00pm, on the 15 day of May, 2024.
• The period for rehearsal #3 of the Event#1 shall commence at 9:00am, on the 17 day of
May, 2024, and shall terminate at 1:00pm, on the 17 day of May, 2024.
• The period for rehearsal #4 of the Event#1 shall commence at 2:00pm, on the 17 day of
May, 2024, and shall terminate at 6:00pm, on the 17 day of May, 2024.
• Unless otherwise agreed by the Director of the Facility (the "Director"), the set-up period
shall commence no earlier than 8:30am, on the 17 day of May, 2024, prior to the Event#1
period, and dismantle shall begin immediately upon the conclusion of the Event#1
terminating no later than 10:00pm, on the 17 day of May. 2024.
In consideration of an additional fee, the Director may allow User a longer period for setup
and dismantle, should User require additional time. Any equipment or stage props left in the
Facility after the expiration of the time allowed for dismantle shall be disposed of by the City at
Users sole cost without any right of claim by the User, or at the City's option, may be stored at
User's cost.
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4. USE RATE: In consideration of the use of the Facility, User shall pay to the City a use
fee in the total amount of three thousand seventy-three dollars fifty cents ($3,373.50) ("Use Fee")
as further described in Exhibit "C." This amount includes the Basic Use Rate, Theater Staff
Charges, and Additional Charges all as further described below.
(a) Basic Use Rate: In consideration of the use of the Facility as described above,
User agrees to pay to the City the sum of $420.00 per Event, plus the sum of $21.0,00 per non event
day rehearsal, and $105.00 per on event day rehearsal, plus $N/A per hour (N/A) on additional
time for setup and dismantle ("Basic Use Rate") with a total amount due of $1,050.00, to be paid
no later than March 17, 2024. The Basic Usc Rate includes normal janitorial service, house lights
for ordinary use and air conditioning during the Event hours only, in addition to the items listed in
the In House Equipment list ("Exhibit C"), which by this reference is incorporate into and made a
part of this Agreement. The Basic Use Rate does not include Additional Charges as defined below.
(b) Theater Staff Charges: Theater personnel are not included under Section 4(a)
"Basic Use Rate" of this Use Agreement. Should the User contract the theater personnel services,
fees for such services shall be charged per theater staff member at a rate of: three hundred dollars
($300.00) for a total of eight (8) hours, including any combination of rehearsal, set-up/tear down,
and event four hundred fifty dollars ($450.00) for a total of eight (8) hours for a Daily Event,
including any combination of rehearsal, set-up/tear down, and event; one hundred dollars
($100.00) for a total of four (4) hours for each additional rehearsal; any additional time required
beyond eight (8) hours and/or four (4) hours for additional rehearsals, the User shall be charged a
rate of forty dollars ($40.00) an hour per theater staff personnel. A sub total amount due of one
thousand two hundred dollars 01.200.00) plus forty dollars ($40.00) per hour/per theater staff
member (N/A hours) for a total amount due of $1,200.00 (Including Rehearsals), to be paid no
later than March 17, 2024.
Should the User not use the Cily's theater staff, one (1) theater staff member will be
scheduled to oversee operations at no charge to the User for a maximum of eight (8) hours. Any
additional time beyond the initial eight (8) hours, the User shall be charged a rate of forty dollars
($40,00) an hour for the theater staff member. For any Filming event, one (1) theater staff member
will be scheduled to oversee operations at a rate of two hundred dollars ($200.00) per event for a
total of eight (8) hours; any additional staff time required beyond eight (8) hours, the User shall
be charged a rate of forty dollars ($40.00) an hour per theater_staff member. If the Auditorium
Manager determines that it is in the best interest of the City to require a second theater staff member
be present for the event, the User shall be charged a fee of three hundred dollars ($300.00) for the
initial eight (8) hours; any additional time required beyond eight (8) hours, the User shall be
charged a rate of forty dollars ($40.00) an hour per staff member. A sub total amount clue of $N/A
plus forty ($40.00) per hour/per technician (NIA hours) for a total amount due of $NIA, to be paid
no later than N/A,
(c) Additional Charges: User shall be responsible for the staffing of all Events
and shall pay for all supplies or other services, needed or provided in connection with the use of
the Facility and/or the presentation of an Event as listed in the Additional Charges Form, which
3
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by this reference is incorporated into and made part of this Agreement in the In House Equipment
List included as "Exhibit C" (all such costs and expenses being referred to herein as "Additional
Charges"). Payment of Additional Charges not previously agreed to prior to the Event, shall be
made within five (5) business days following the occurrence of the Event giving rise to such
payment.
(d) Payment of Use Fee: All payments from User to the City shall he by
cashier's or certified check drawn on a local bank. The City may immediately terminate this
Agreement and User shall forfeit the Deposit should User fail to pay any portion of the Use Fee
within five (5) days from the date the same is due.
5. DEPOSIT: Upon execution of this Agreement, and as a condition to its effectiveness,
User shall deliver to the City a deposit, in the amount of two hundred & five dollars (S205.00), to
be held by the City throughout the Term. The Deposit shall secure User's performance under this
Agreement and full payment of all amounts due hereunder, including the cost of any damage
repairs, replacement or restoration. payment of any Additional Charges, or to defray any other
unusual but reasonable expense borne by the City as a consequence of User's use of the Facilities
hereunder and/or presentation of an Event. The City shall return the Deposit, or the unexpended
portion thereof, to the User upon full satisfaction of all of User's obligations hereunder.
6. ATTENDANCE: User understands that the maximum attendance at any one event is
nine hundred (900) persons and that User shall not print more than eight hundred and forty one
(841) tickets per Event.
7. EVENT PERSONNEL UTILITIES AND SUPPLIES: Except as specifically
provided herein, User shall be responsible for all staffing in connection with the use of the Facility
and/or the presentation of an Event which includes ticket sellers, ticket takers, ushering staff,
stagehands, spotlight operators, etc. Additionally, User understands and agrees that it shall only
utilize the services of sound and/or lighting technicians who have been approved by the City to
operate the Facility's sound and/or lighting equipment. If the Auditorium Manager determines
that it is in the best interest of the City to require additional staffing to be present for an Event, the
User shall be charged the fees as defined in Section 4 of this Agreement for the additional
personnel.
$. CONDITION OF FACILITY/REMOVAL OF USER'S EFFECTS:
(a) User has inspected the Facility and accepts it in "as -is" condition. User agrees to
tear down and remove all of User's effects immediately after the presentation of an Event and/or
expiration of the Term. User shall not permit the Facility to suffer any damage or disrepair.
(b) User shall not construct or erect any fixtures within the Facility without the
Auditorium Manager's prior written approval, which may be withheld in the Auditorium
Manager's sole discretion and subject to any restrictions and conditions as may be prescribed by
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the City, including but not limited to requirements imposed by the City's Risk Department and
Building Department, as applicable. Upon issuance of a notice to proceed the User shall contact
the Auditorium Manager and the Risk Management Department at (305) 416-1700 to schedule any
necessary inspection(s).
(c) At the conclusion of each Event, and upon expiration of the Term, User agrees to
surrender the Facility to the City properly cleaned and in the same condition existing upon User's
acceptance. If the Facility is not properly cleaned to the City's satisfaction, then the City shall
have the right to invoice the User for such additional cleaning. The cost of additional cleaning, as
well as the cost of damage repairs, or any repairs necessitated as a result of the use of the Facility
by User, shall be deducted from the Deposit. User shall pay any deficiency upon demand.
(d) User shall not be permitted to remove the piano from the stage under any
circumstances. Additionally, the removal of lights from their original setting is prohibited.
Changing of the original positioning or focusing of the lighting equipment or reprogramming of
the lighting computer can only be done with the City's prior written approval and supervision. If
any such changes are made with City's permission, User shall pay for any technical labor involved
in returning the equipment to its original standard design. Any violation of this section may result
in the immediate termination of this Agreement and will subject User to liability for all damages
arising from, or in connection with, said violation,
(e) The City shall have the right to enter upon the Facility at any time during the Use
Period or the Term, as it deems necessary,
9. AUDIT AND INSPECTION RIGHTS: The City may, at reasonable times, and for a
period of up to three (3) years following the expiration of the Term, audit, or cause to be audited,
those books and records of User which are related to this Agreement. User agrees to maintain all
such books and records at its principal place of business for a period of three (3) years after
expiration of the Term.
10. PUBLIC RECORDS: User understands that the public shall have access, at all
reasonable times, to all documents and information pertaining to City contracts, subject to the
provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public
to all documents subject to disclosure under applicable law, User's failure or refusal to comply
with the provisions of this section shall result in the immediate termination of this Agreement by
the City.
11. COMPLIANCE WITH APPLICABLE LAWS AND RULES AND REGULATIONS:
User agrees to obtain all required licenses and permits and to abide by and comply with all
applicable federal, state, and local laws, rules, regulations, codes and ordinances in the use of the
Facility and/or presentation of an Event. By execution of this Agreement, User acknowledges that
it has received and fully understands the "Rules and Regulations for Use of City of Miami
Municipal Facilities" which has been furnished to User prior to the execution hereof. User hereby
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represents and warrants to the City that User shall abide by each, and shall not permit the violation
of any, rule and regulation set out therein.
12. MUTUAL INDEMNIFICATION AND HOLD HARMLESS: To the extent
permitted by Section 768.28, Florida Statutes, and any other applicable Florida law, and without
waiving their respective rights of sovereign immunity, the City and the User shall each indemnify
and hold harmless the other, and their respective officers, employees, agents, and instrumentalities
from any and all liabilities, losses, or damages, which the City or User, or their respective officers,
employees, agents, or instrumentalities may incur as a result of claims, demands, suits, causes of
actions, or proceedings of any kind or nature arising out of, relating to, or resulting from the
negligent or intentional acts or omissions of the City or User, or their respective officers,
employees, agents, or instrumentalities arising out of, relating to, or resulting from the parties'
respective obligations and performance under this Agreement. No party to this Agreement shall
seek or obtain attorney's fees or costs for the defense of claims arising out of, relating to or resulting
from the negligent or intentional acts or omissions of the City or User. or their respective officers,
employees, agents, or instrumentalities arising out of, relating to, or resulting from the performance
of this Agreement.
13. RISK OF LOSS: User understands and agrees that the City shall not be liable for any
loss, injury or damage to any personal property or equipment brought into the Facility by User or
by anyone whomsoever, during the time that the Facility is under the control of, or occupied by
the User. All personal property placed or moved in the Facility shall be at the risk of User or the
owner thereof. User further agrees that it shall be responsible to provide security whenever
personal property either owned or used by the User, its employees, agents or subcontractors is
placed in the Facility, including any property or equipment necessary for set-up and dismantle,
whether or not the Facility is open to the general public.
14. INSURANCE: Insurance is required for all Events based on the terms of "Exhibit
A" attached hereto and made part of this Agreement. In the event that attendance exceeds the
number on which the fee paid by the User has been computed, the User shall be obligated to pay
the difference within 48 hours of the conclusion of the event. User understands that not all events
arc eligible under the "TULIP Class One Events" of "Exhibit A", and such coverage is subject to
terms, conditions and exclusions. The User has the right to purchase insurance coverage for this
event, and in doing so, agrees to provide the City with a certificate of insurance in accordance with
"Exhibit B". The City reserves the right to solicit from the user copies of any and all insurance
policies and corresponding endorsements in connection with this Agreement. In lieu of the above,
User may submit evidence of an ongoing self-insurance program subject to the !imitations
contained in Florida Statutes Section 768.28_
15. DEFAULT: If User fails to comply with any term(s) or condition(s) of this Agreement,
or fails to perform any of its obligations hereunder, then User shall be in default. Upon the
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occurrence of a default hereunder, the City, in addition to all remedies available to it by law, may
by notice to User, terminate this Agreement whereupon all deposits, payments, advances, or other
compensation paid by the User to the City shall he retained by the City. Notwithstanding any
other provision herein, or any rule or regulation providing otherwise if the User cancels the
event thirty (30) days or less from the commencement of the Use Period this shall be a default
by the User who shall automatically forfeit and owe the entire Basic Use Rate as defined by
§4 (a) herein. The Basic Use Rate shall be immediately due and owing to the City, not as a
penalty but as liquidated damages; insofar as the parties cannot ascertain the losses the City
will suffer from the inability to allow another User to use the facility during this Use Period.
The User shall have no recourse against the City due to the User's cancellation of the event
thirty (30) days or less preceding the Use Period. The User shall be liable to pay interest at
the rate of twelve percent (12%) per annum, or the maximum rate permissible by law if less.
for the principal involved in the Bask Use Rate until it is paid in full. The forfeiture of the
Basic Use Rate shall not apply if the cancellation occurs due to an Act of God (e.g. hurricane,
tornado).
16. CITY'S TERMINATION RIGHTS:
(a) Termination for Convenience: The City shall have the right to terminate this
Agreement for convenience. in its sole discretion, upon a thirty (30) day prior written notice to
User. Additionally. the City shall have the right to cancel the presentation of an Event, at any time
if, in the exercise of its reasonable discretion, the City determines that the presentation of such
Event, at the scheduled time, is not in the best interest of the City due to circumstances beyond the
City's reasonable control.
(b) Termination for Cause: The City shall have the right to terminate this
Agreement, without notice or liability to User. upon the occurrence of an event of default.
(c) Other Termination Rights: The City shall have the right to terminate this
Agreement in the event that the Facility is sold, is condemned, or in the event of its damage due to
fire, windstorm, catastrophe or other act of God. and the City decides, in its sole discretion, not to
repair or rebuild.
(d) Force Maieure: CITY shall not be liable for any failure to perform its obligations
where such failure is caused by conditions beyond its control, including, but not limited to, Acts
of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war,
invasion, act of foreign enemies, events in foreign countries that affect the CITY and its citizens,
hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, riots,
street celebrations or protests, military or usurped power or confiscation, terrorists activities,
nationalization, government sanctions or restrictions, blockage. embargo, labor dispute, strike,
lockout or interruption, or the failure of services such as electricity or telephone.
(e) Return of the Deposit: Except where this Agreement is terminated for cause,
User shall be entitled to a refund of the Deposit, or so much thereof as has not been applied. upon
termination of the Agreement, after satisfaction of all amounts due by User hereunder, if any.
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17. NONDISCRIMINATION; User represents and warrants to the City that User does not
and will not engage in discriminatory practices and that there shall be no discrimination in
connection with User's use of the Facility or presentation of the Event on account of race, color,
sex, religion, age, handicap, marital status or national origin. User further covenants that no
individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status
or national origin, be excluded from participation in, be denied services, or be subject to
discrimination in connection with the use of the Facility under this Agreement.
18. ASSIGNMENT; This Agreement may not be assigned by User, in whole or in part,
without the prior written consent of the City's, which may be withheld, or conditioned, in the
City's sole discretion.
19. ,NOTICES; All notices or other communications required under this Agreement shall
be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return
receipt requested, addressed to the other party at the address indicated herein or to such other
address as a party may designate by giving notice in the manner herein provided. Notice shall be
deemed given on the day on which personally delivered; or, if by mail, an the fifth day after being
posted or the date of actual receipt, whichever is earlier.
TO USER:
Evie Mayor, Principal
South Miami K-8 Center
6800 SW 601h Street
Miami, FL 33143
WITH COPY TO:
Dr. Jose L. Dotres, Superintendent,
The School Board of Miami -Dade County
1450 NE Second Avenue, Suite 912
Miami, FL 33132
Walter Harvey
School Board Attorney
1450 NE Second Avenue, Suite 430
Miami, FL 33132
TO THE CITY:
Arthur Noriega
City iltanager
444 SW 2 Avenue, loth Floor
Miami, FL 33130
George K Wysong III
a
City Attorney
444 SW 2"d Avenue, Ste. 945
Miami, FL 33130
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20. MISCELLANEOUS PROVISIONS:
(a) User shall provide to the Director twenty (20) promotional tickets for each paid
event, for the purpose of promoting the Facility.
(b) This Agreement shall be construed and enforced according to the laws of the State
of Florida and each party shall be responsible for its own attorney's fees. Venue for the resolution
of any disputes, including litigation, shall be in Miami -Dade County, Florida.
(c) Title and paragraph headings are for convenient reference and are not a part of this
Agreement.
(d) 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.
(e) Should any provision, paragraph, sentence, word or phrase 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 or the City of Miami, such provision,
paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to
conform with such laws, or if not modifiable, 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 or limitation of its use.
(f) This Agreement constitutes the sole and entire agreement between the parties
hereto. No modification or amendment hereto shall be valid unless in writing and executed by
property authorized representatives of the parties hereto.
(g) User is aware of the conflict of interest laws of the City of Miami (Code of the City
of Miami, Florida, as amended, Chapter 2, Article V) and agrees that it will fully comply in all
respects with the terms of said laws.
21. ENTIRE AGREEMENT: This instrument, together with its attachments and all other
instruments incorporated herein by reference constitute the sole and only agreement of the parties
hereto relating to the use of the Facilities. Any prior agreements, promises, negotiations, or
representations not expressly set forth in this Agreement are of no force or effect.
22. COUNTERPARTS: This Agreement may be executed in two or more counterparts,
each of which shall constitute an original, but all of which, when taken together, shall constitute
one and the same agreement. This Agreement may be signed by digital or electronic means and
be considered an original as described herein.
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23. INSPECTIONS: The User will allow City inspectors, agents or representatives the ability
to monitor its compliance with safety precautions as required by federal, state or local laws, rules,
regulations and ordinances. By performing these inspections, the City, its agents, or
representatives are not assuming any liability by virtue of these laws, rules, regulations, and
ordinances. The User shall have no recourse against the City, its agents. or representatives from
the occurrence, non-occurrence, or result of such inspection(s). Upon issuance of a notice to
precede the User shall contact the Risk Management Department at (305) 416-1700 to schedule
the inspection(s).
24. AMERICANS WITH DISABILITIES ACT: User shall affirmatively comply with all
applicable provisions of the Americans with Disabilities Act ("ADA") in the course of providing
any work, labor or services funded by the City including Titles I and 11 of the ADA ( regarding
nondiscrimination on the basis of disability) and all applicable regulations, guidelines and
standards. Additionally, User shall take affirmative steps to ensure nondiscrimination in
employment of disabled persons.
25. COMPLIANCE WITH LAWS: User accepts this Agreement and hereby acknowledges
that User's strict compliance with all applicable federal, state and local Taws, ordinances and
regulations is a condition of this Agreement, and User, and any of its employees, agents or
performers, shall comply therewith as the same presently exist and as they may be amended
hereafter. This Agreement shall be construed and enforced according to the laws of the State of
Florida.
Further, the User, and any of its employees, agents or performers, hereby agrees to comply
with all regulations regarding travel to and from the United States as promulgated by the U.S.
Department of Treasury, Office of Foreign Assets Control ("OFAC") and the U.S. Department of
State.
Violation of any federal, state and local law shall subject the User to immediate
cancellation of this Agreement.
26. RELEASE OF THEATER USE OF MATERIALS:
For good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, User hereby grants to theater and the City of Miami, and its licensees, designees
and assigns, a non-exclusive license to use, for any reason and via any medium, any and all
materials described herein, as collected by Theater or the City of Miami before, during, or after
the Event (collectively, the "Materials") in accordance with the terms of this Agreement. The
license granted hereunder includes the perpetual, worldwide right to photograph, edit, telecast,
rerun, reproduce, use, syndicate, license, print, distribute, and otherwise exploit the Materials, or
any portion thereof, as incorporated in any version of Event or rehearsal thereof, in whole or in
part, in any manner and in any media, whether now known or hereafter devised, and for the
promotion of the Event.
10
DocuSign Envelope ID: 220F4F88-750A-4960-AEOD-54909231 CFOF
27. CHALLENGE OF EVENT (DATE (S):
Another potential user may challenge an existing reservation for an Event ("Challenger"), in
writing to the Theater, when the first User with such existing reservation has paid the associated
deposit but the contract for such event has not yet been fully executed ("Challenge"). In this event,
the Challenger shall furnish a challenge payment of seven hundred forty nine dollars ($749.00) per
day the first User has an existing reservation, in addition to the total amount due to Theater for the
Challenger's proposed event, inclusive of all associated rehearsals, Additional Fees, etc.
("Challenge Payment"), to be retained by Theater. Simultaneously, User with an existing
reservation has no later than two (2) weeks from the date of the Challenge to return an executed
contract with prepayment in full for the Event. If these two (2) weeks pass without the first User
executing the contract and tendering payment in full for the Event, the Challenger shall be entitled
to such reservation and the Theater shall keep such prepayment in full. In the event that the first
User submits the executed contract and payment in full for the Event, the Challenge Payment shall
be returned in full to the Challenger.
28. COVID-19 PROTOCOLS:
User hereby acknowledges and confirms its commitment to holding the Event in a safe and
hygienic manner and User shall take reasonable measures to protect its staff, agents, invitees and
others from the spread of COVID-19 and other infections and diseases. User shall implement its
own safety protocols and utilize measures during the entire Term for the safe and hygienic
preparation, operation, and dismantling of the Event. Additionally, User has executed the attached
Release included as Exhibit "D" in furtherance of User's commitment to combat the spread of
COVID-I9. Notwithstanding any language contained in this Agreement to the contrary, the City
expressly retains all rights and benefits of sovereign immunity in accordance with Section 768.28,
Florida Statutes (2022). Nothing in this Agreement shall be deemed as a waiver of sovereign
immunity or as increasing the City's liability beyond any statutory limitation of liability.
DocuSign Envelope ID: 220F4F88-750A-4960-AEOD-54909231 CFOF
29. AUTHORITY TO EXECUTE:
The below signatory represents and warrants that it has full authority to enter into, deliver, and
perform under this Agreement, and that all acts and actions have been taken to grant such authority,
and that no third -party consent, which has not already been obtained, is required. User further
represents and warrants that the below signatory is authorized to execute this Agreement on its
behalf.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
by their respective officials thereunto duly authorized, this the day and year above written.
"USER"
The School Board of Miami -Dade County, Florida,
by and through South Miami K-8 Center, a political
subdivision of the State of Florida.
By: See attached M-DCPS Signature Page
Print Name:
Title: Superintendent
DocuSign Envelope ID: 220F4F88-750A-4960-AEOD-54909231 CFOF
Evie Mayor
Charge Loca
SUBMITTED BY:
> iv
fi AdmiOtrator
Dr. Michael A. Lewis I
Re erinten e Regional Su
p ntfDivision
NIA
c9/ '
Signature Date
TAP
Signature ' Date
Office of Grants Administration Signature Date
(if applicable)
NOTE: Signature of Assistant Superintendent for the Office of
Intergovernmental Affairs and Grants Administration required
ONLY for contracts financed from Contracted Programs
Funds (Part IV).
APPROVED AS TO RISK AND BENEFITS
(as to the School Board):
Elizabeth L. Soto
Risk Management
Signature
Digitally signed by Elizabeth L.
Soto
Location: Office of Risk and
Benefits Management
Date: 2024.02.15 15:38:03 -05'00'
Date
APPROVED AS TO PROCUREMENT AUTHORITY
(as to the School Board):
Charisma H. Montfort
Procurement Management Signature
CP6249 PROCUREMENT USE ONLY
2/16/2024
Date
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
(as to the School Board):
3/05/24
(/
al Counsel (�Siafature
Date
THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA
BY: Signature
or Designee)
Tabitha G. Fazzino
DESIGNEE
(Name Typed)
Date:
DocuSign Envelope ID: 220F4F88-750A-4960-AEOD-54909231 CFOF
ATTEST:
By:
DocuSigned by: CITY OF MIAMI, a municipal corporation
Of the State of Florida
TODD B. HANNON
City Clerk
June 12, 2024 1 17:01:20 EDT
APPROVED AS TO FORM AND
CORRECTNESS:
e—DocuSigned by:
athr iJyset l[f
City Attorney
George K Wysong III
June 6, 2024 1 14:10:43 EDT
cos
By:
13
f—DocuSigned by:
A None
et=eest20D42A...
ARTHUR NORIEGA V.
City Manager
June 11, 2024 1 11:25:14 EDT
APPROVED AS TO INSURANCE
REQUIREMENTS:
rt
DocuSigned by:
fl.,343B495f 25413-0...
ANN-MARIE SHARPE, Director
Division of Risk Management
May 7, 2024 1 11:16:35 EDT
DocuSign Envelope ID: 220F4F88-750A-4960-AEOD-54909231 CFOF
EXHIBIT A"
Insurance Fee Schedule
TULIP Class One Events
Antique Shows
Art Festivals and Shows
Auctions
Award Presentations
Ballets or other Classical Dance Shows/Recitals
Beauty Pageants
Body Building Contests
Business Meetings or Shows
Chamber of Commerce Events
Charity Benefits, Dances, Auctions or Sales
Choirs — Indoors
Church Services or Meetings
Civic Club Meetings
Classical Dance Shows
Classical Music Concerts - Indoors
Concerts — Celtic Music
Concerts — Chamber Music
Concerts — Holiday Music
Concerts — lnstrutnental
Consumer Shows
Dance Competitions
Dance Recital
TULIP Ratintt Schedule
Daily Attendees
(Spectators/Participants )
A. 1 - 100
B. 101- 500
C. 501 - 1,500
Daily Attendees
(S pectators/Participants)
A. 1 - 100
B, 101 - 500
C. 501 - 1.500
Fashion Shows
Flowers Shows
Funeral Service
Graduations
Holiday Events & Parties
Home Shows
Jam and Jazz Concerts — indoors
Job Fairs - Indoors
Ladies Club Events
Lecturers
Meeting (indoors)
Pageants
Professional and Amateur Association Meetings
Reunions — Indoors
Seances
Seminars
Social Receptions
Speaking Engagements
Story Teller
Symphony Concerts
Tel
Telethons
Voter Registration
A. Total Event Rates (1-4 Days)
Class I Class II
$75.00
100.00
150.00
$100.00
135.00
185.00
B. Total Event Rates (5 or More Days)
Class I Class Il
$95.00
140.00
235.00
$170.00
215,00
355,00
Class III
$150.00
200.00
310.00
Class III
$300.00
360.00
455.00
* Add 10% to the premium for each Additional Insured (other than the programs sponsor and venue), up
to a maximum of $1,000.00.
Handling Fee: $35.00
14
DocuSign Envelope ID: 220F4F88-750A-4960-AEOD-54909231 CFOF
TULIP Class Two Events
Bingo Gaines
Carnivals — School Events with no mechanical
Christmas Tree Lighting
Clowns — No Motorized Vehicles
Comedians
Concerts — 50's, 60's 70's or 80's Musk
Concerts — Blues Music
Concerts — Country Music
Concerts — Folk Music
Concerts — Funk Music
Concerts —Motown
Concerts — Soul Music
Dog, Cat, Bird & Other Domestic Animal Shows/Events
Festivals and Cultural Events — Indoors
Impersonator — Celebrity or Holiday Character
Impressionist
Jugglers (No Pyro)
Magician
Mariachi Band
School Band Competitions or Events
Union Meeting
TULIP Ratine Schedule
Daily Attendees
(Spectators/Participants)
A. 1 - 100
B. 101 - 500
C. 501 - 1.500
Daily Attendees
(Spectators/Participants)
A. I - 100
B. 101 - 500
C. 501-1,500
A. Total Event Rates (1-4 Days)
Class' Class I1
$75.00 $100.00
100.00 135.00
150.00 185.00
B, Total Event Rates (5 or More Days)
Class I glum II
$95.00 $ 170.00
140.00 215.00
235.00 355.00
Class III
$150.00
200.00
310.00
_class III
$300.00
360.00
455.00
* Add 10% to the premium for each Additional Insured (other than the programs sponsor and venue), up
to a maximum of $1,000.00.
Handling Fee: $35.00
15
DocuSign Envelope ID: 220F4F88-750A-4960-AEOD-54909231 CFOF
TULIP Class Three Events
Aerobics and Jazzcrcise Classes or Events
Casino and Lounge Shows
Cheerleading Events/Competitions (no Pyramids)
Comedy shows
Concert — Pop Cover Bands
Film Screenings
Film Showings
Gymnastic Competitions — Spectators Only
Halloween —Costume Contests
Magic Show
Old Timer Event
Play Readings
Plays
Proms
Talent Show (No Rap, Hip Hop. Heavy Metal shows)
Tap Dancing
Theatrical Stage Performances
Wine Tasting
TULIP Rating Schedule
A. Total Event Rates (I -4 Days)
Daily Attendees lass 1 Class 1T Class III
(Spectators/Participants)
A. 1 - 100 $75.00 $100,00 S150.00
B. 101 - 500 100.00 135.00 200.00
C. 501 - 1,500 150.00 185.00 310.00
Daily Attendees
(Spectators/Participants)
A. 1 - 100
B. 101 500
C. 501 - 1,500
B, Total Event Rates (5 or More Days)
Class 1 Class II Class III
$95.00 $170.00 S300.00
140,00 215,00 360.00
235,00 355.00 455.00
* Add 10% to the premium for each Additional Insured (other than the programs sponsor and venue), up
to a maximum of $1,000.00,
Handling Fee: $35.00
16
DocuSign Envelope ID: 220F4F88-750A-4960-AEOD-54909231 CFOF
"EXHIBIT B"
INSURANCE REQUIREMENTS- SPECIAL EVENTS INSURANCE
I. Commercial General liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $ 2,000,000
Personal and Adv. Injury $ 1,000,000
Products/Completed Operations $ 1,000,000
B. Endorsements Required
City of Miami included as an additional insured (Endorsement is required)
Primary Insurance Clause
Contingent and Contractual liability
Premises and Operations Liability
II. Business Automobile Liability (If Applicable)
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 300,000
B. Endorsements Required
City of Miami included as an Additional insured
III. Worker's Compensation (IF APPLICABLE)
Limits of Liability
Statutory -State of Florida
Employer's Liability
C. Limits of Liability
$100,000 for bodily injury caused by an accident, each accident
$ l 00,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
IV. Host liquor/Liquor Liability (IF APPLICABLE)
D. Limits of Liability
Each occurrence $1,000,000
Aggregate $1,000,000
17
DocuSign Envelope ID: 220F4F88-750A-4960-AEOD-54909231 CFOF
The Department of Risk Management reserves the right to solicit additional coverage or
higher limits of liability as may be applicable.
The above policies shall provide the City of Miami with written notice of cancellation or
material change from the insurer in accordance with policy provisions.
Cornpanies authorized to do business in the State of Florida, with the following qualifications,
shall issue all insurance policies required above:
The company must be rated no less than "A-" as to management, and no less than "Class V"
as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M.
Best Company, Oldwick, New Jersey, or its equivalent, All policies and /or certificates of
insurance are subject to review and verification by Risk Management prior to insurance
approval.
DocuSign Envelope ID: 220F4F88-750A-4960-AEOD-54909231 CFOF
-EXHIBIT C"
In House Equipment`
Sound System
Control: 1 Allen & Heath — ML3000-32 System
1 Cassette Player
1 Numark Dual CD Player
Speakers: 2 Sound Physics Labs-TD l sub Dual 12" subwoofer
3 Sound Physics Labs-TD 1 3-way full range loudspeakers
7 Tannoy V-8 8" dual concentric loudspeakers
(balcony & under balcony)
4 Tannoy V-12 12" dual concentric Loudspeakers
(stage monitors)
Accessories:
6 AKG D770 handheld microphones
Light System
5 CYC
2 Comet Follow Spots
17 PAR 64
13 Altam 360Q (6" x 9")
20 Altam 360Q (6" x 12")
22 Altman 360 Q (6" x 16")
* Not all equipment may be available on the date of the event.
DocuSign Envelope ID: 220F4F88-750A-4960-AEOD-54909231 CFOF
Profit 2 Hours or less
Cost Unit
$
420.00
Units
1
Total
5 420.00
Rehearsal
Cost Unit
Units
Total
non event date after Spm
on event day 4 hours or less
Rehearsal Cleaning
Light
Sound
5
210.00
5
105.00
5
50.00
Theater Rental Subtotal
Tax 7%
Theater Rental Total
in -House sound or light technician
Rehearsal 4 hrs Of less Techl
Rehearsal 4 hrs or less Tech2
Wireless Mic (Max2)
Projector Use in Rehearsal
Front Projector
(2) spot Lights
Mini Plaza / Event
Description
Cleaning Crew Event
Theater Cleaning
1
Cost Unit
5
300,00
300.00
$
100.00
$
100,00
2
2
1
Units
1
1
3
3
Extra Equipment
Cost Unit
5
$
50.00
5
100.00
$
400.00
5
52.50
Total
5 420.00
$ 210.00
$ 50.00
1,050.00
Tax Exempt
$
1,100.00
$
Total
300.00
$ 300,00_
$ 300.00
5 300.00
Total Techs
Units
2
1
1
1
$
1,200.00
Total
5 100.00
$
$
5
100,00
400.00
$
$
52.50�
652.50
Additional Expenses
Cost Unit
5
120.00
5
301.00
Units
1
1
Extras
Total Rental
Total
320.00
$ 301.00_
$ 421.00
3,373.50
DocuSign Envelope ID: 220F4F88-750A-4960-AEOD-54909231 CFOF
•
Exhibit "D"
RELEASE OF LIABILITY RELATING TO CORONAVIRUS
I am aware of the novel coronavirus, ("COVID- 19"), which has been declared a worldwide pandemic by
the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly
from person -to -person contact. As a result, federal. state, and local governments and federal and state
health agencies recommend physical distancing and have, in many locations, prohibited the congregation
ofgroups and people.
The City ot'Miami encourages preventative measures to reduce the spread of-COVID-19. The City cannot
guarantee that you. your business. your employees, client, contractors, guests, invitees, or any other person
that may utilize the Facility. will not become infected with COVID-19. Further, attending or hosting any
event in the Facility could increase my risk and/or any attendees of my Event and/or employed by myself
or the company, of contracting COVID-19.
[ acknowledge that the circumstances regarding COVID-19 are changing from day to day and much
information regarding COVID-19 is still unknown. l fully understand and appreciate both the known and
unknown potential dangers of utilizing the City's Facility. 1 acknowledge that my use of any City facilities
and services despite the City's reasonable efforts to mitigate such dangers, may result in exposure to
COVID-19, which could result in quarantine requirements, serious illness, disability. and/or death, By
signing this release, 1 acknowledge the contagious nature of COVID-I9 and voluntarily release the City
from any liability if I or any invitee, employee. attendee of the Event if exposed to, or infected by, COVID-
19 by utilizing any City facilities or services.
f hereby RELEASE, WAIVE, DISCHARGE, INDEMNIFY, HOLD HARMLESS AND PROMISE
NOT TO SUE the City, any of its employees, agents, representatives, volunteers, or contractors from and
against any and al] liability to myself, my employees, my clients, my invitees, and any personal
representatives, assigns, heirs. and next of kin and any claim or demands on account of any property damage
or injury, illness, death of. myself, my child, any personal representatives. assigns, heirs, and next of kin as
a result of exposure to or infection with COVID-1 9. whether caused by negligence of the City or otherwise,
I VOLUNTARILY ACCEPT SOLE RESPONSIBILITY FOR ANY INJURY TO MYSELF,
EMPLOYEES, OR ATTENDEES, including, but not limited to, personal injury, disability, death, illness,
damage. Toss, claim, liability. or expense of any kind. that may be experienced or incurred in connection
with my Event, On behalf of the School Board of Miami -Dade County, by and through the South Miami
K-8 Center and on behalf of my employees, 1 understand and agree that this release includes any claims
based on the actions, omissions, or negligence of the City, its employees, agents and representatives,
whether a COVID-19 infection occurs before, during, or after participation in any City program or facility.
Evie Mayor, Principal
Print Name & Title:
Date:
February 6th, 2024
21
DocuSign Envelope ID: 220F4F88-750A-4960-AEOD-54909231 CFOF
Miami -Dade County Public Schools
Superintendent of Schools
Dr. Jose L. Dotres
General Counsel
Walter J. Harvey
TO:
FROM:
DATE:
SUBJECT:
REQUEST FOR WAIVER OF MINIMUM
CONTRACT STANDARDS
giving our students the world
Miami -Dade County School Board
Mari Tere Rojas, Chair
Monica Colucci, Vice Chair
Roberto J. Alonso
Lucia Baez -Geller
Dr. Dorothy Bendross-Mindingall
Mary Blanco
Danny Espino
Dr. Steve Gallon 111
Luisa Santos
Dr. Jose L. Dotres, Superintendent of Schools
John -Phillip lafelice, Associate General Counsel
March 5, 2024
The School Board of Miami -Dade County, Florida through School Operations and City of Miami. Manuel
Artime Performaing Arts Center.
Staff has requested that the School Board enter into the aforementioned contract; however, a legal review of the same has
determined that provisions of this contract fall below guidelines delineated in Board Policy 6540 as follows:
The standard School Board clause includes:
The Superintendent waives the following
deviations:
Contract Pagel¶
TERMINATION:
The School Board can terminate the Agreement,
for convenience, upon thirty (30) days written
notice.
Termination of the Agreement incurs fees,
Pages 3, 7
HOLD HARMLESS:
The School Board will be held harmless from and
against any and all claims or suits arising out of the
provisions of the Agreement.
Hold Harmless is mutual in the Agreement.
Page 6
INDEMNIFICATION:
The School Board will be indemnified against any
and all actions, damages, payments or fees arising
out of or in connection with the provisions of the
Agreement.
Indemnification is mutual in the Agreement
Page 6
Superintendent/Designee acknowledges and waives the above described issues(s):
Sup
tlDesignee
-Iabitha G. Fazzino
DESIGNEE
Digitallys]gned by Elizabeth L Soto
location: office of Risk and benefits
Management
Date:202q.V3.06 i 7;7i:g9-f19'-0P'
Risk Management
Date
Office of the General Counsel • School Board Administration Building • 1450 N.F. 2nd Ave. • Suite 430 • II/lien-if, FL 33132
305-995-1304 • 305-995-1412 (FAX) • www,dadeschools.net
DocuSign Envelope ID: 220F4F88-750A-4960-AEOD-54909231 CFOF
giving cur students
the world
Miam - e County Public Schools
giving our students the world
Superintendent of Schools
Dr. Jose L. Dotres
November 7, 2023
Yunior Santana
Manuel Artime Theater
900 SW 1st Street
Miami, FL 33130
RE: Dance, Drama, and Music Holiday Show
Dear Mr. Santana,
Miami -Dade County School Board
Mari Tere Rojas, Chair
Danny Espino, Vice Chair
Roberto J. Alonso
Lucia Baez -Geller
Dr. Dorothy Bendross-Mindingall
Mary Blanco
Monica Colucci
Dr. Steve Galion 111
Luisa Santos
This letter is written in response to the request to provide a Certificate of Insurance for
the use of Manuel Artime Theater by Miami -Dade County Public Schools on December
8, 2023.
Please be advised that the School Board of Miami -Dade County, Florida maintains an
ongoing self-insurance program for Public Liability, Automobile Liability and Workers'
Compensation Insurance covering the School Board's members, officers and employees.
We ask that you accept this confirmation of our self-insurance program, subject to the
limitations of Florida Statute 768.28, in lieu of submitting a certificate of insurance.
If you have any questions, please feel free to contact me at (305) 995-7155.
Sincerely,
Digitally signed by Elizabeth L. Soto
Location: Office of Risk and Benefits
Management
Date: 2023.11.07 09:03:16 -05'00'
Elizabeth L. Soto
Risk Compliance Coordinator
Office of Risk and Benefits Management
1501 N.E. 2nd Avenue, Suite 335 • Miami, Florida 33132
305-995-7129. 305-995-7170 (FAX) • riskmanagement.dadeschools.net
Olivera, Rosemary
From: Santana, Yunior
Sent: Friday, June 14, 2024 2:24 PM
To: Hannon, Todd; Olivera, Rosemary
Subject: ID23-2444 - 05/17/2024 - By South Miami K-8
Attachments: Executed - MAT - ID23-2444 - 05172024 - By South Miami K-8.pdf
ID23-2444 - 05/17/2024 - By South Miami K-8
Good afternoon Todd:
Please find attached the fully executed copy of an agreement from DocuSign that is to be considered an original
agreement for your records.
Sincerely,
AN
MANUEL ARTIME
THEATER
Yunior Santana
City of Miami Venues Manager
Direct Line: 305-960-4686
Fax: 305-400-5258
900 SW 15t Street
Miami, FL 33130
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