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HomeMy WebLinkAbout25032AGREEMENT INFORMATION AGREEMENT NUMBER 25032 NAME/TYPE OF AGREEMENT LAFITTTE BALLET, INC. DESCRIPTION USE AGREEMENT/MANUEL ARTIME PERFORMING ARTS CENTER/DANCE RECITAL/MATTER ID: 24-1436 EFFECTIVE DATE June 14, 2024 ATTESTED BY TODD B. HANNON ATTESTED DATE 6/14/2024 DATE RECEIVED FROM ISSUING DEPT. 6/14/2024 NOTE DOCUSIGN AGREEMENT BY EMAIL DocuSign Envelope ID: 51 EC5E6B-3D4D-47FF-B493-87C304D86F71 cc, , CITY OF MIAMI DOCUMENT ROUTING FORM * INLOAP;uUTL. u_$o 14 ORIGINATING DEPARTMENT: DREAM DEPT. CONTACT PERSON: Yunior Santana EXT. (305)960-4686 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Laffitte Ballet 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): Reci tal ❑ 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 e 10, 2024 14:47:30 EDT PRINT: Andrew Frey SIGNATURE: r—DocusignedFt Andrew \--9AB076E0CF7 SUBMITTED TO RISK MANAGEMENT June 10, 2024 14:50:08 EDTSIGNATURE: PRINT: Ann -Marie Sharpe i,—DocuSigned ttiril t�,,53nRBA9.5F�, SUBMITTED TO CITY ATTORNEY 24-1436June 12, Matter ID#: 2024 I 13:39:53 EDTSIGNATURE: PRINT: George K Wysong ,,^DocuSigned b, Aor t—R8176F9FPRR2 APPROVAL BY ASSISTANT CITY MANAGER June 12, 2024 13:57:39 EDTSIGNATURE: PRINT: Larry Spring r—Docusignedb} �y�� lAr -1 Spr `—C9D2602B97E RECEIVED BY CITY MANAGER June 14, 2024 08:12:54 EDT PRINT: Arthur Noriega SIGNATURE: ,—DocuSigned b Arai- None ti.--8tinrF6CR72o June 14, 2024 I 10:06:43 EDT PRINT: Todd Hannon SIGNATURE: PRINT: SIGNATURE: PRINT: SIGNATURE: ,,—DocuSigned by: { "a E46D7560DCF1455 1) ONE ORIGINAL TO CITY CLERK, 2) ONE COPY TO CITY ATTORNEY'S OFFICE, 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT 7 4C0... r• 4B0 8B 0. PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER DocuSign Envelope ID: 51 EC5E6B-3D4D-47FF-B493-87C304D86F71 DocuSign Envelope ID: 51 EC5E6B-3D4D-47FF-B493-87C304D86F71 USE AGREEMENT FOR EVENT SPACES MANUEL ARTIME PERFORMING ARTS CENTER THIS AGREEMENT hereinafter referred to as the "Agreement," made this June 14, 2024 1 10:06:43 EDT , ("Effective Date") by and between the City of Miami, a municipal corporation in the State of Florida, hereinafter referred to as the "CITY," and Laffitte Ballet, Inc. a(n) profit corporation 3 with offices located at , hereinafter referred to 13984 SW 25 Terrace Miami, FL 33175 as the "USER." The CITY and USER may each be individually referred to as a "Party" or collectively as the "Parties." RECITALS WHEREAS, the CITY owns and is responsible for the operation and management of the Manuel Artime Performing Arts Center located at 900 SW 1st Street, Miami, Florida 33130, hereinafter referred to as the "THEATER"; and WHEREAS USER wishes to use the THEATER for the purpose of conducting a Dance Recital hereinafter referred to as the "EVENT"; and NOW, THEREFORE, in consideration of the covenants and agreements hereinafter set forth, the sufficiency of which is hereby acknowledged, the CITY and USER agree as follows: 1. INCORPORATION OF RECITALS AND EXHIBITS: The Recitals are true and correct and are hereby incorporated into and made a part of this Agreement. The following exhibits are attached hereto and are hereby incorporated into and made a part of this Agreement: Exhibit A — Special Terms & Conditions Exhibit B — Fee Schedule Exhibit C — Use Area Exhibit D — Insurance Requirements Exhibit E — TULIP Insurance Exhibit F — Stage Equipment Exhibit G — Rules and Regulations for Use of City of Miami Municipal Facilities Exhibit H — Corporate Resolution or Other Proof of Authority Exhibit I — Application Exhibit J — Certificate of Insurance In the event of a conflict between the provisions of this Agreement or any of its exhibits, the conflict shall be resolved in favor this Agreement then the priority order indicated above. 2. DEFINITIONS: All references to "days" shall mean calendar days unless expressly stated otherwise. 3. TERM This Agreement shall be effective from the Effective Date first written above, until the date on which all Rev. 11052023 Page 1 of 10 DocuSign Envelope ID: 51 EC5E6B-3D4D-47FF-B493-87C304D86F71 applicable fees and charges for the EVENT have been paid to CITY unless terminated earlier as provided for herein. 4. PERMITTED USE: The CITY hereby grants User a temporary, non-exclusive license to enter and occupy the USE AREA, as further described herein, solely for the purposes of presenting, rehearsing, setting up, and breaking down the EVENT during the specific times and dates as further described in Exhibit "A" ("USE PERIOD"). Unless otherwise specifically provided hereunder, USER shall be completely responsible for the production, coordination and management of the EVENT, at its sole cost and expense. USER shall not construct or erect any fixtures within the USE AREA without the Auditorium Manager's prior written approval, which may be withheld in the Auditorium Manager's sole discretion, and may be conditioned upon further restrictions or conditions as may be prescribed by the CITY. 5. USE AREA: As used in this Agreement, "USE AREA" means the portion of the THEATER required by the USER and as authorized by the CITY for the EVENT and as further described in Exhibit "C" attached hereto. The CITY shall have the right to enter and/or access the USE AREA at any time during the USE PERIOD as it deems necessary. USER shall not prohibit the CITY'S access to the USE AREA at any time. 6. CONDITION OF USE AREA: USER has inspected, or has been given the opportunity to inspect, the USE AREA, prior to execution of this Agreement, and accepts it in its present condition and agrees to maintain and return the same in its preexisting condition upon conclusion of the EVENT. After conclusion of an EVENT, the CITY will conduct an inspection of the USE AREA within ten (10) business days. Any repairs or restorative work required will be communicated to USER and may be deducted from the DEPOSIT, as defined hereafter. 7. COMPLIANCE WITH APPLICABLE LAWS, 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 during its use of the THEATER. 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 and is attached hereto as Exhibit "G." USER hereby represents and warrants to the CITY that USER shall abide by each, and shall not permit the violation of any, rule or regulation set out therein. Violation of any federal, state and local law, rule, or regulation shall be grounds for immediate termination of this Agreement by CITY and the forfeiture of all deposits due to the CITY. 8. COMPENSATION: In consideration of the use of the USE AREA, USER shall pay to the CITY, a USE FEE as further described in Exhibit "B." USER shall make payment in the manner and method proscribed in Exhibit "B." Except as otherwise specifically provided herein, USER shall be responsible for all costs involved in the presentation of the EVENT, including without limitation: all Broadcast Music, Inc. (`BMI") and American Society of Composers, Authors and Publishers ("ASCAP") license fees, all staffing and all charges for police, fire rescue and inspector and/or assembly permit, security, building electrical and plumbing permits, insurance, all utilities, supplies, equipment rental, ticket surcharge, all applicable taxes, including State of Florida Sales Tax and other services, except those which are furnished by the CITY and are included in the USE FEE. 9. TERMS OF PAYMENT: All payments from USER to the CITY shall be by cashier's or certified check drawn from a local bank, or Rev. 11052023 Page 2 of 10 DocuSign Envelope ID: 51 EC5E6B-3D4D-47FF-B493-87C304D86F71 credit card acceptable to the CITY. No payments shall be made in the form of cash. USER must pay to CITY the USE FEE, excluding fees or charges that are incurred during the EVENT, no later than the dates and times indicated in Exhibit "B." Failure to timely pay said USE FEE may result in the immediate termination of this Agreement and the forfeiture of all deposits due to the CITY, in the CITY'S sole discretion. 10. DEPOSIT: Concurrent with the Effective Date of the Agreement, and as a condition to its effectiveness, USER shall pay to CITY a deposit in the amount proscribed in Exhibit `B," ("DEPOSIT") to be held by CITY throughout the Term of this Agreement. The DEPOSIT shall secure USER'S performance under this Agreement and full payments of the fees and charges due hereunder, including, but not limited to any repairs, restoration, cleaning, staff charges, or other applicable additional charges, or to defray other reasonable expenses incurred by the CITY as a consequence of USER'S use or non-use of the THEATER. The CITY shall retum the DEPOSIT, or any unexpended portion thereof, to USER upon the full satisfaction of USER' S obligations herein. The CITY may deduct the cost of any repairs necessary to restore the USE AREA to its preexisting condition, repairs or replacements of any damaged equipment or materials, or outstanding fees or charges due to the CITY from the DEPOSIT. In the event the amount necessary for repairs or replacements or to satisfy USER's obligations hereunder exceeds the DEPOSIT, then the USER agrees to pay the balance to the CITY, within five (5) business days of the CITY'S request for payment. USER understands that the CITY will seek reimbursement of any costs for repairs or restorative work for damage caused by the USER, for costs exceeding the DEPOSIT. 11. SECURITY: USER shall provide at USER'S cost, all necessary perimeter/t-shirt event security and police officers to be determined by the CITY'S Police Department and the CITY. 12. CATERING: USER, at its own cost, shall provide catering, food and beverages and the cleanup of the designated food area during the EVENT. If USER elects to provide catering, it must inform the CITY in writing as soon as possible, however, no later than sixty (60) days prior to the commencement of the USE PERIOD. The CITY, in its sole discretion, may require additional insurance coverages beyond those listed in Exhibits "D" and "E" attached hereto. USER must provide all required licensing and certificates of insurance evidencing all required insurance coverages required by the CITY no later than sixty (60) days prior to the commencement of the USE PERIOD. If USER elects to serve alcoholic beverages, USER must obtain a temporary alcohol license. USER is strictly prohibited from providing catering, food, and/or beverages without first complying with the requirements of this Section. USER must adhere to all State, County, and Municipal health codes, rules and regulations while providing catering, food, and or beverages. The CITY retains the right to hire, at USER'S cost and expense, a Concession Coordinator, whose responsibility will be to oversee and approve the coordination of all concession operators, and to report to the CITY and require immediate correction of any acts that do not conform to this Agreement, including, but not limited to, the adherence of all State, County, and Municipal health codes, rules and regulations. 13. INSURANCE: USER shall obtain and maintain in force for the USE PERIOD, General Liability Insurance on a Comprehensive General Liability Form or an equivalent policy form in the amount of coverage deemed acceptable by the City of Miami Risk Management Administrator for bodily injury and property damage liability as shown on Exhibits "D" and "E" attached hereto. The CITY shall be named "Additional Insured" on all policies. Any questions regarding Insurance should be directed to the Insurance Administrator, Risk Management Division, 444 SW 2nd Avenue 9th Floor, Miami, Florida 33130, (305) 416-1604. USER shall furnish all insurance certificates required by the City of Miami Insurance Administrator, no later than sixty (60) days prior to the commencement of the USE PERIOD. USER agrees to provide upon request copies of any and all insurance policies and corresponding endorsements in connection with this Agreement within five (5) business days from the CITY'S request. USER is prohibited from using any portion of the USE AREA prior to providing a certificate of insurance demonstrating adherence to all insurance requirements herein. Failure to provide such certificate of insurance by the time provided shall be grounds for termination of this Agreement. Rev. 11052023 Page 3 of 10 DocuSign Envelope ID: 51 EC5E6B-3D4D-47FF-B493-87C304D86F71 14. INDEMNIFICATION: USER agrees to indemnify, defend, covenant not to sue, and hold harmless forever the CITY, its officials, officers, agents and employees (collectively referred to as the "Indemnitees"), from and against all losses, costs, penalties, fines, damages, claims, expenses (including attorney's fee and costs), and liabilities (collectively referred to as "Liabilities") arising out of, resulting from, or in connection with (i) the EVENT and/or the use of the PREMISES, (ii) the performance or non-performance of this Agreement, whether it is, or is alleged to be, directly or indirectly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive) of the Indemnitees, or any of them , or (iii) the failure of the USER to comply with any of the provisions contained herein, or to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, federal or state, in connection with the performance of this Agreement. USER expressly agrees to indemnify, covenant not to sue, and hold harmless the Indemnitees, or any of them, from and against all liabilities which may be asserted by a current or former employee or agent of USER, or any of its subcontractors, as provided above, for which the USER's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. This indemnity provision shall survive the termination of this Agreement and shall continue in effect until the expiration of the corresponding statute of limitations or the tolling thereof. Nothing herein is intended to be construed as a waiver of the CITY' S sovereign immunity beyond the limitations set forth in Section 768.28, Florida Statutes. 15. RISK OF LOSS: The CITY assumes no responsibility whatsoever for any person or property that enters the USE AREA as a result of, or in connection with, the EVENT. In consideration of the execution of this Agreement by the CITY, the USER releases the CITY from any and all liability for any loss, injury, death, theft, damage or destruction to any persons or property which may occur in or about the USE AREA regardless of the cause, including such circumstances where it could be alleged that the CITY, or its employees, agents or contractors were negligent. USER does not agree to release the CITY for any and all liability which is determined to be caused solely due to the intentional or willful misconduct of the CITY, or their respective employees or agents. 16. CANCELLATION: All advance sums, or advance payments under this Agreement, shall be forfeited if, through the fault or action of the USER, the EVENT is cancelled before the USE PERIOD. USER may cancel the EVENT with written notice provided no later than one hundred eighty (180) days prior to the first day of the USE PERIOD. Late cancellations shall be deemed a default of this Agreement and will result in the acceleration of the Basic Use Rate, which shall become due to the CITY on the date of cancellation. The parties understand and agree that the CITY will be unable to find another user for the USE PERIOD in the event of a late cancellation and therefore, this acceleration of the Basic Use Rate shall be deemed as liquidated damages. USER shall be liable for interest on the principal of the Basic Use Rate at a rate of twelve percent (12%) per annum, or the maximum rate permissible by law if less for each day the amount remains unpaid. Notwithstanding, this acceleration of the Basic Use Rate shall not apply to cancellations due to Force Maj eure. Provided the cancellation does not occur due to USER'S default or late cancellation, USER shall be entitled to a return of the DEPOSIT, or so much thereof that has not been applied to cover outstanding obligations, upon termination of the Agreement and satisfaction of USER'S remaining obligations, if any. In the event a return of the DEPOSIT is due, the CITY shall remit such DEPOSIT within sixty (60) days of the cancellation or termination of the Agreement. 17. DEFAULT: In the event the USER shall fail to comply with each and every term and condition of the Agreement or shall fail to perform any of the terms and conditions contained herein, then the CITY, at its sole option and in addition to all other rights and remedies available to it by law, upon written notice to USER may cancel and terminate this Agreement, and all payments, advances, or other compensation paid by USER pursuant to this Agreement, shall be forthwith retained by the CITY. In the event the default occurs within sixty (60) days from the first day of the USE PERIOD, the CITY may accelerate the Basic Use Rate in accordance with Rev. 11052023 Page 4 of 10 DocuSign Envelope ID: 51 EC5E6B-3D4D-47FF-B493-87C304D86F71 Section 16 above. 18. 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) days written notice to USER. Additionally, the City shall be able to terminate this Agreement at any time if, in the exercise of its reasonable discretion, the CITY determines that the EVENT 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 immediately upon written notice and without 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 the THEATER is sold, condemned, or damaged due to natural or other causes preventing use of the THEATER, regardless of whether CITY is able to repair or make available other spaces. 19. PROMOTIONAL USE OF MATERIALS: USER hereby grants to CITY, its licensees, designess, and assigns, a royalty free, perpetual, worldwide, non- exclusive license to use, for any reason and via any medium, any and all materials collected by the CITY before, during, or after the EVENT, materials used to advertise the EVENT, or any photographs, telecasts, filming, or other materials created before, during, or after the EVENT, whether known or hereafter devised (collectively, the "Materials"). This license includes, but is not limited to, the right to photograph, edit, reformat, manipulate, telecast, rerun, reproduce, use, syndicate, license, display, print, distribute, and otherwise exploit the Materials, or any portion thereof, in any manner or media, for the promotion of the EVENT or THEATER. 20. AWARD OF AGREEMENT: USER represents and warrants to the CITY that it has not employed or retained any person or company employed by the CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. 21. AUDIT AND INSPECTION RIGHTS AND RECORDS RETENTION: USER agrees to provide access to the CITY or to any of its duly authorized representatives, to any books, documents, papers, and records of USER which are directly pertinent to this Agreement, for the purpose of audit, examination, excerpts, and transcripts. The CITY may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the USER to the CITY under this Agreement, audit and inspect, or cause to be audited and inspected, those books, documents, papers, and records of USER which are related to this Agreement. USER agrees to maintain any and all such books, documents, papers, and records at its principal place of business for a period of three (3) years after final payment is made under this Agreement and all other pending matters are closed. USER's failure to adhere to, or refusal to comply with, this condition shall result in the immediate cancellation of this Agreement by the CITY. The audit provisions set forth in s. 18-99 through s. 18-102 of the Code of the City of Miami, Florida, as amended, are applicable to this Agreement. 22. 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 cancellation of this Agreement by the CITY. USER shall additionally comply with the provisions of Section 119.0701, Florida Statutes, entitled "Contracts; public records", as may be applicable, which statute is deemed as being incorporated by reference herein. Should USER determine to dispute any public access provision required by Florida Statutes, USER shall do so in accordance with applicable Florida law, and shall do so at its own cost and expense. Any lawsuits filed against the CITY or Indemnitees in connection with USER'S dispute to public access will fall under the USER'S indemnification obligations specified in Section 14 above. Rev. 11052023 Page 5 of 10 DocuSign Envelope ID: 51 EC5E6B-3D4D-47FF-B493-87C304D86F71 IF THE USER HAS QUESTIONS REGARING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE USER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS(a,MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FLOOR, MIAMI, FL 33130. THE USER MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT . 23. 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 performance under this Agreement on account of race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor. USER further covenants that no otherwise qualified individual shall solely by reason of race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 24. AUTHORIZED PERSONNEL: The CITY shall have authorized representatives with decision making authority, reasonably available at all reasonable times throughout the USE PERIOD for consultation with USER. 25. AUTHORITY TO EXECUTE AGREEMENT: Each party represents to the other that it has the power to enter into the Agreement and that the consent of no other person or entity is required in connection therewith, except as otherwise provided, and the Agreement constitutes a valid and binding obligation of each party in accordance with the terms hereof. 26. RELATIONSHIP OF PARTIES: This Agreement shall not be deemed or construed to create any agency relationship, partnership, or joint venture between the CITY and USER. 27. NOTICES: Notices required under the Agreement shall be deemed to be given when hand -delivered (with receipt therefore) or mailed by registered or certified mail, postage prepaid, return receipt requested. AS TO THE USER Name:Meisy Garcia Laffitte Title: President Address 1: 13984 SW 25 Terrace Address 2: Miami, FL 33175 Email: meisylaffitte@gmail.com AS TO THE CITY: Art Noriega City Manager 444 SW 2nd Avenue, 10th Floor Miami, FL 33130 anoriegaga miamigov com WITH A COPY TO: George K. Wysong III City Attorney Rev. 11052023 Page 6 of 10 DocuSign Envelope ID: 51 EC5E6B-3D4D-47FF-B493-87C304D86F71 444 SW 2nd Avenue, 9' Floor Miami, FL 33130 gwysong@miamigov com 28. NONDELEGABILITY This Agreement is personal to the USER. The Agreement may not be transferred, sold, pledged or assigned by USER, in whole or in part, without the prior express written consent of the CITY, which may be withheld or conditioned in the CITY' S sole discretion. 29. GOVERNING LAW; VENUE; ATTORNEY'S FEES: The Agreement shall be construed according to the laws of the State of Florida and Venue shall be in Miami - Dade County. Except in cases where the CITY must bring an action to enforce the provisions of Section 14, in which case the CITY shall be able to recover its reasonable attorney's fees, each party shall bear their own respective attorney's fees. 30. CONFLICT OF INTEREST: USER is aware of the conflict of interest laws of the City of Miami (Code of the City of Miami, Florida, Chapter 2, Article V), of Miami -Dade County, Florida (Code of Miami -Dade County, Florida (Code of Miami -Dade County, Florida, Section 2-11.1) and of the State of Florida (as set forth in Florida Statutes) and agrees it will fully comply in all respects with the terms of said laws and any future amendments 31. FORCE MAEJEURE The 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), epidemics, pandemics, 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. 32. ELECTRONIC SIGNATURES; COUNTERPARTS: This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 33. WAIVER: 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 express in writing. 34. WAIVER OF JURY TRIAL: EACH PARTY WAIVES ITS RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY BREACH THEREOF. THIS WAIVER SHALL APPLY TO ANY SUBSEQUENT AMENDMENTS, SUPPLEMENTS, OR MODIFICATIONS TO THIS AGREEMENT. 35. HEADINGS: Title and paragraph headings are for convenient reference and are not a part of this Agreement. 36. SEVERABILITY: 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, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent Rev. 11052023 Page 7 of 10 DocuSign Envelope ID: 51 EC5E6B-3D4D-47FF-B493-87C304D86F71 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. 37. ENTIRE AGREEMENT: 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. SIGNATURE PAGE FOLLOWS Remainder of Page Intentionally Blank Rev. 11052023 Page 8 of 10 DocuSign Envelope ID: 51 EC5E6B-3D4D-47FF-B493-87C304D86F71 IN WITNESS WHEREOF, the parties hereto have individually and through their proper corporate official executed the AGREEMENT, this the day and year first written. "USER" By: ,—DocuSigned by: L-1 FS4ECC397F34E7... Signature MEISY GARCIA LAFFITTE Print Name ML Title June 10, 2024 1 11:44:36 EDT Date Rev. 11052023 Page 9 of 10 DocuSign Envelope ID: 51 EC5E6B-3D4D-47FF-B493-87C304D86F71 DocuSigned by: ATTEST: �z�F�,,, CITY OF MIAMI, a municipal corporation of the State of Florida DocuSigned by: BY: l C4CD7..CODCFI4JJ... Todd B. Hannon, City Clerk June 14, 2024 1 10:06:43 EDT APPROVED AS TO INSURANCE REQUIREMENTS: f—DocuSigned by: BY: 1 C , kg -(,fib 05 49br�bn Ann -Mane Sharpe, L)irector Risk Management June 10, 2024 1 14:50:08 EDT BY: DocuSigned by: M PorieT, 850CF6C372DD42A... Art Noriega, City Manager June 14, 2024 1 08:12:54 EDT APPROVED AS TO FORM AND CORRECTNESS: BY: DocuSigned by: wIsaIII CafC88248D... George K. Wysong III, #24-1436/PMAPkit City Attorney June 12, 2024 1 13:39:53 EDT Rev. 11052023 Page 10 of 10 DocuSign Envelope ID: 51 EC5E6B-3D4D-47FF-B493-87C304D86F71 EXHIBIT A — SPECIAL TERMS & CONDITIONS 1. PROMOTIONAL TICKETS: USER shall provide CITY with twenty (20) promotional tickets for each EVENT film/presentation date, for purposes of promoting the THEATER. 2. MAXIMUM ATTENDANCE: USER understands that the maximum attendance at any one (1) EVENT is eight hundred fifty (850) persons and that USER shall not print more than eight hundred forty one (841) tickets per EVENT. 3. ADULT -ONLY EVENTS: Any EVENT that meets the definition of an Adult life performance as that term is defined in s. 827.11, Florida Statutes, must take affirmative steps to prevent exposing children to an adult live performance in violation of s. 827.11, Florida Statutes. All advertising and promotional material for the EVENT must clearly identify the EVENT as "Adult -Only," and USER shall ensure no person under the age of eighteen (18) years old is granted entrance to the Theater during the EVENT. USER' s violation of this section shall be deemed a default under this Agreement and the CITY may immediately stop an EVENT and cancel the remaining USE PERIOD, in addition to any other remedies available at law or equity. USER shall not be entitled to a refund of any kind or return of the DEPOSIT when an EVENT is stopped or cancelled pursuant to this section. 4. USE PERIOD: USER'S license to use and occupy the USE AREA expires, and USER must restore and vacate the USE AREA, at the time and dates indicated below. Notwithstanding, should USER exceed the USE PERIOD for any reason, then an additional fee of $52.50/hour, rounded up to the nearest hour and not including any Theater Staff Charges or Additional Charges that may be incurred, shall be applied to USER's total USE FEE. If USER anticipates needing more time than permitted during the USE PERIOD, then USER must contact the Auditorium Manager as soon as possible, however, no later than twenty-four (24) hours prior to the applicable USE PERIOD. Whether USER is permitted additional time beyond the USE PERIOD is at the sole and absolute discretion of the CITY. Any equipment or materials left in the USE AREA or THEATER after the termination of the USE PERIOD shall be disposed of by the CITY at USER'S sole cost without any right of claim by the USER, or, in the CITY'S sole discretion, the equipment or materials may be stored at USER'S cost. The USE PERIOD shall consist of the periods for presenting, rehearsing, setting up, and breaking down the EVENT as indicated on the following page: Page left intentionally blank Rev. 11052023 Page A-1 DocuSign Envelope ID: 51 EC5E6B-3D4D-47FF-B493-87C304D86F71 USE PERIOD* Event Commencement Termination Rehearsal June 24, 2024 at 2:00 PM June 24, 2024 at 6:00 PM Event, Including Set Up/Dismantle June 24, 2024 at 2:00 PM June 24, 2024 at 10:00 PM *Times and dates are subject to change in the sole discretion of the City. Rev. 11052023 Page A-2 DocuSign Envelope ID: 51 EC5E6B-3D4D-47FF-B493-87C304D86F71 EXHIBIT B — FEE SCHEDULE 1. USE FEE: In consideration of the use of the USE AREA, USER shall pay to the CITY, a use fee, the specific amount of which shall be determined no later than forty-five (45) days prior to commencement of the USE PERIOD based on the unit fees included in Section 7 below ("USE FEE"). Should USER fail to provide sufficient details of the Event in order to determine the USE FEE at least forty-five (45) days prior to the commencement of the USE PERIOD then this Agreement may be terminated for cause in the CITY' S sole discretion. Any changes or adjustments to the USE FEE shall be formalized in writing and incorporated into this Agreement. The USE FEE shall include the Basic Use Rate, Theater Staff Charges, and Additional Charges, all as further described below. 2. BASIC USE RATE: The Basic Use Rate is determined by the number of rehearsals and performances based on the fees as authorized in Section 38-8 of the City of Miami Code of Ordinances, as amended ("City Code"). The Basic Use Rate includes normal janitorial service, house lights for ordinary use and air conditioning during the USE PERIOD, and use of equipment listed in the Stage Equipment List as further described in Exhibit "F" of the Agreement. 3. THEATER STAFF CHARGES: Theater Staff Charges are not included under the Basic Use Rate. Should USER require theater staff members to aide during presentation of the EVENT, then a fee of three hundred dollars ($300) for a four (4) hour EVENT, and four hundred fifty ($450) for an EVENT longer than four hours but less than eight (8) hours, per staff member shall be applied to USER's total USE FEE. For purposes of this section, an EVENT that requires staff members for two (2) or more consecutive days shall be calculated toward the total hours of the EVENT. If theater staff members are required beyond the eight (8) hours provided herein, then an additional fee of one hundred dollars per hour ($100/hour) per staff member shall be applied to USER'S total USE FEE. Should USER require theater staff members to aide in the setting up, rehearsal, or breakdown of the EVENT, one (1) theater staff member will be assigned to assist, oversee, and supervise operations in the THEATER. There will be no additional Theater Staff Charge for the first eight (8) hours, however, any additional time beyond eight (8) hours will result in an additional Theater Staff Charge of forty dollars per hour ($40/hour). For any Filming EVENT, one (1) theater staff member will be assigned to oversee and supervise operations in the THEATER at a rate of two hundred dollars for the first eight (8) hours of each Film Use Period ($200/Film Use Period). Any additional time beyond eight (8) hours will result in an additional Theater Staff Charge of forty dollars per hour ($40/hour). In addition to the above, the USER shall pay an additional Theater Staff Charge as a "during -event cleaning fee" in the amount of one hundred twenty dollars ($120). This Theater Staff Charge is for the CITY to provide sufficient staff to ensure the THEATER remains clean during the EVENT, including unforeseen incidents that require emergency cleaning. Except as specifically provided herein, USER shall be responsible for all staffing in connection with the use of the THEATER and/or film/presentation of the EVENT, including, but not limited to, ticket sellers/takers, ushers, stagehands, spotlight operators, etc. USER further agrees to use only those sound/lighting technicians that have been approved by the CITY to operate THEATER 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 this Section. 4. ADDITIONAL CHARGES: USER shall be responsible for the cost of all other supplies, services, or equipment not contemplated above that are required in connection with the EVENT ("Additional Charges"). Payment of Additional Charges incurred after this Agreement is executed shall be made no later than five (5) business days following the occurrence giving rise to such Additional Charge. Rev. 11052023 Page B-1 DocuSign Envelope ID: 51 EC5E6B-3D4D-47FF-B493-87C304D86F71 USER shall pay a non-refundable cleaning fee ("Cleaning Fee") of three hundred one dollars ($301) for up to four (4) hours of post -EVENT cleaning Should additional cleaning be required beyond four (4) hours, then an Additional Charge of twenty-five dollars per hour ($25/hour) shall apply to USER'S total USE FEE. For Rehearsals, USER shall pay a Cleaning Fee of fifty dollars per rehearsal ($50/rehearsal) for post -rehearsal cleaning. 5. PAYMENT SCHEDULE: USER shall make payments in the following amounts no later than the times indicated below. Failure to make timely payment may result in the immediate termination of this Agreement and forfeiture of the DEPOSIT, as hereinafter defined. 1. The DEPOSIT, as further defined below, to be paid upon signing of this Agreement. 2. The minimum use fee, seven hundred twenty and 00/100 dollars ($720.00), to be paid within thirty (30) days of signing this Agreement; 3. The remainder of the USE FEE shall be paid no later than thirty (30) days prior to the commencement of the USE PERIOD. Payment of Additional Charges incurred after execution of this Agreement shall be paid in accordance with Section 4 above. 6. DEPOSIT: USER shall pay, to CITY a DEPOSIT in the amount of one hundred five dollars per day ($105.00/day) of the USE PERIOD as well as a one hundred dollar ($100.00) cleaning deposit (both to be included in the definition of "DEPOSIT"). 7. FEE SCHEDULE: All applicable fees, except those Additional Charges unforeseen at the time of this writing, are included in the fee schedule included on the following page. Rev. 11052023 Page B-2 DocuSign Envelope ID: 51 EC5E6B-3D4D-47FF-B493-87C304D86F71 FEE SCHEDULE Ticket Sales Unit Cost For -Profit Company (4 Hours or less) $ 682.50 Non -Profit Company (4 hours or less) $ 630.00 For Profit Company (2 Hours or less) $ 420.00 Additional hour(s) $ 52.50 Rehearsal Non-event date after 5pm $ 210.00 Non-event date before 5pm $ 105.00 On event day (4 hours or less) $ 105.00 Additional Hours $ 52.50 Rehearsal No -performance $ 577.50 Rehearsal Cleaning $ 50.00 Filming Less than 4 hours $ 735.00 Less than 8 hours $ 892.50 More than 8 hours $ 1,050.00 Setup and Dismantle Less than 8 hours $ - Additional Hour(s) $ 52.50 In -House sound or light technician No tech $ 300.00 Light $ 300.00 Sound $ 300.00 Daily Event Tech1 SOUND $ 450.00 Daily Event tech2 $ 450.00 Additional HourTechl $ 40.00 Additional Hour tech2 $ 40.00 Rehearsal 4 hrs or less Tech1 $ 100.00 Rehearsal 4 hrs or less Tech2 $ 100.00 Extra Equipment Wireless Mic (Max2) $ 50.00 Lavaliers (Max2) $ 50.00 Top Intelligent Lights + Haze $ 400.00 Haze With House Lights $ 100.00 Bottom Int Lights + Haze $ 500.00 Top/Bottom Lights + Haze $ 800.00 Calles (Not Yet) $ 800.00 Mist Machine $ 150.00 Front Projector $ 400.00 Back Projector $ 500.00 Piano $ - (2) Spot Lights $ - Rev. 11052023 Page B-3 DocuSign Envelope ID: 51 EC5E6B-3D4D-47FF-B493-87C304D86F71 Marley Dance Floor (User will provide installation and tape) $ 100.00 Screen (9x12) $ 250.00 Choir Room (3rd Floor) $ 79.00 Mini Plaza / No event $ 157.50 Mini Plaza / Event $ 52.50 Mini Park/ No Event $ 157.50 Mini Park/ Event $ 52.50 20 Mbps Upload Streaming $ 100.00 Additional Expenses Alcohol/Food $ 150.00 Overnight $ 150.00 Lobby Media Exclusivity $ 100.00 Oversize Backdrop $ 150.00 3rd Floor Conference Room $ 79.00 Additional Rooms (5) $ 50.00 Deluxe Podium $ 50.00 Cleaning Crew Event $ 120.00 Concession Stand (Not Yet) $ 500.00 Loading Dock (Not Yet) $ 150.00 Theater Cleaning $ 301.00 Rev. 11052023 Page B-4 DocuSign Envelope ID: 51 EC5E6B-3D4D-47FF-B493-87C304D86F71 EXHIBIT C — USE AREA 1. USE AREA: The following areas, as further depicted in the sketch below, shall be considered the USE AREA for purposes of this Agreement: O Manuel Artime Theater — First & Second Floor ❑ Choir Room — Third Floor ❑ Mini -plaza ❑ Mini -park 2. STAGE AREA ON THEATER FIRST FLOOR: USER shall not be permitted to remove the piano from the stage or any lighting equipment from their original setting under any circumstances. USER may not change the lighting equipment's original positioning or focusing or reprogram the lighting computer without the CITY' S prior written approval and supervision. In the event the CITY approves of such changes, USER shall return all lighting equipment and lighting computer programming to its original position/focus/program upon conclusion of the EVENT. The costs of any such approved changes and restoration shall be borne by USER. Any violation of this Section shall be grounds for the immediate termination of this Agreement and the CITY may pursue any remedies at law or equity against USER for damages arising from said violation. 3. SKETCH OF MANUEL ARTIME THEATER AREAS: Manuel Artime Theater — First Floor & Stage EN -g2 LOBBY 1C0 975 RSF aVE, 11 simln CLEANING RILIZ STAGE 1 W 2.312 RSF SHOE 11XIE REF 63 REF 22 Ins 99 REF REF Fy . wz 293 REF 9 FR ID REF SOUND 109. 363 REF 339 REF Cr--' si RSF IOP. CRESS.. Rill Al RESIMOU IR1F Rev. 11052023 Page C-1 DocuSign Envelope ID: 51 EC5E6B-3D4D-47FF-B493-87C304D86F71 Manuel Artime Theater — Second Floor • CD II VESTEIL E3C1C 891- r ffitereetIOCC:=1__, } 1.1 III I1 f t i r 1 1 SEATING 3C: 4,871 RSF L[ Manuel Artime Theater — Choir Room — Third Floor Rev. 11052023 VESTIBULE MCI 91 1931 Page C-2 DocuSign Envelope ID: 51 EC5E6B-3D4D-47FF-B493-87C304D86F71 Mini Plaza Manuel Artime Theater 5- r 1 7 _ Mini Park ,1 Manuel Artme Theater Rev. 11052023 Page C-3 DocuSign Envelope ID: 51 EC5E6B-3D4D-47FF-B493-87C304D86F71 EXHIBIT D - INSURANCE REQUIREMENTS: 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 IL 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 $100,000 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 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. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: Rev. 11052023 Page D-1 DocuSign Envelope ID: 51 EC5E6B-3D4D-47FF-B493-87C304D86F71 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. Rev. 11052023 Page D-2 DocuSign Envelope ID: 51 EC5E6B-3D4D-47FF-B493-87C304D86F71 EXHIBIT E — TULIP INSURANCE 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 — Instrumental Consumer Shows Dance Competitions Dance Recital TULIP Rating Schedule Daily Attendees (Spectators/Participants) A. 1 - 100 B. 101- 500 C. 501 - 1,500 Daily Attendees (Spectators/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 Teleconferences Telethons Voter Registration A. Total Event Rates (1-4 Days) Class I $75.00 100.00 150.00 Class II $100.00 135.00 185.00 B. Total Event Rates (5 or More Days) Class I Class II $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 Rev. 11052023 Page E-1 DocuSign Envelope ID: 51 EC5E6B-3D4D-47FF-B493-87C304D86F71 TULIP Class Two Events Bingo Games Carnivals — School Events with no mechanical Christmas Tree Lighting Clowns — No Motorized Vehicles Comedians Concerts — 50's, 60's 70's or 80's Music 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 Rating Schedule Daily Attendees (Spectators/Participants) A. 1 - 100 B. 101- 500 C. 501 - 1,500 A. Total Event Rates (1-4 Days) Class I Class II Class III $75.00 $100.00 $150.00 100.00 135.00 200.00 150.00 185.00 310.00 B. Total Event Rates (5 or More Days) Daily Attendees Class I Class II Class III (Spectators/Participants) A. 1 - 100 $95.00 $170.00 $300.00 B. 101 - 500 140.00 215.00 360.00 C. 501 - 1,500 235.00 355.00 455.00 * 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 Rev. 11052023 Page E-2 DocuSign Envelope ID: 51 EC5E6B-3D4D-47FF-B493-87C304D86F71 TULIP Class Three Events Aerobics and Jazzercise 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 Daily Attendees (Spectators/Participants) A. 1 - 100 B. 101- 500 C. 501 - 1,500 A. Total Event Rates (1-4 Days) Class I $75.00 100.00 150.00 B. Total Event Rates (5 or More Days) Class II Class III $100.00 $150.00 135.00 200.00 185.00 310.00 Daily Attendees Class I Class II Class III (Spectators/Participants) A. 1 - 100 $95.00 $170.00 $300.00 B. 101 - 500 140.00 215.00 360.00 C. 501 - 1,500 235.00 355.00 455.00 * 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 Rev. 11052023 Page E-3 DocuSign Envelope ID: 51 EC5E6B-3D4D-47FF-B493-87C304D86F71 EXHIBIT F — STAGE EQUIPMENT Technical • 30' X 60' Stage • Truss Height from Stage 24' • Catwalk • Cyclorama and Marley Floor • 4 Small One Door Backstage Entrances • 2 Double Door Main Entrances to stage from Back of Theater The Following Equipment is Available complimentary • 1 Podium • Yamaha Grand Piano on premises (charge for tuning only) • 2 Comets spot lights (Need operator) Sound System • Allen & Heath - ML 3000-32 System • Yamaha Digital 01 Mixer • CD Player • DVD Player • 6 Handheld Microphones AKG D770 • Tannoy V-8 8" dual concentric loudspeakers (balcony & under balcony) • Tannoy V-12 12" dual concentric loudspeakers (stage monitors) • 2 QSC K-12 Series • 2 QSK K Sub • 3 Communicators Stage/Light/Sound Headsets • 2 AKG Wireless Handset • 1 Lavalier AKG The Manuel Artime Theater has limited sound equipment. Your sound requirements must be discussed with our technician. Lighting • Expression Lighting Control System • 5 CYC (three light horizontal) • 17 PAR 64 • 13 Altam 360Q (6" X 9") • 20 Altam 360Q (6" X 12") • 22 Altam 360Q (6" X 16") • 2 Comet Follow Spots Additional Equipment • Dropdown Movie Screen 30'x26' • Digital Podium • Haze Machine Permission must be gained from the Administration Office to move these instruments. On -Site Staff Support Technician Assistants will work with renters' Electrical and Sound Technicians Rev. 11052023 Page F-1 DocuSign Envelope ID: 51 EC5E6B-3D4D-47FF-B493-87C304D86F71 EXHIBIT G — RULES AND REGULATIONS FOR USE OF CITY OF MIAMI MUNICIPAL FACILITIES Rev. 11052023 Page G-1 DocuSign Envelope ID: 51 EC5E6B-3D4D-47FF-B493-87C304D86F71 —is and Regulations Manuel Artime Theater Manuel Artime Theater - Logo Home (https://www.miamigov.com/manuelartime/Home) / Rental Information (https://www.miamigov.com/manuelartime/Rental- Information) / Rules and Regulations Rules and Regulations 1. No smoking, eating, drinking, or chewing gum in theater at anytime. 2. No unauthorized personnel will be allowed backstage, or in the sound supply room, lighting control room, or around the sound system box at anytime. 3. Children must be chaperoned at all times. 4. No flammable material is allowed to be used at any time. 5. All equipment and/or scenery materials brought in for a production must be removed after the last performance unless previously authorized to be dismantled the next day. Equipment left over may reflect in additional charges. 6. Removal of light from their original setting is prohibited. Changing the original positioning of the lighting equipment, or reprogramming the lighting computer can only be done with the City's approval and supervision. If any such changes are made, the User agrees to pay for any technical labor involved in returning the equipment to its original standard design. 7. The Piano is not allowed to be removed from the stage under any circumstances. 8. Nailing, stapling, or taping to the floor, walls, and curtains is absolutely prohibited. 9. Rates for the use of the Manuel Artime Theater include normal janitorial service, air conditioning, normal houselights, lighting and sound system, and other items that are available at the facility for use. 10. Technical crews, event personnel, policemen, security guard, ushering staff, ticket seller, etc., are not included in the contract and must be contracted by the User at the User's expense. 11. A list of lighting and sound technicians is available upon request. No one outside the list is authorized to operate the theater's lighting and sound systems unless approved by the Administration Office. In addition, you may contract the in-house technicians at an additional cost. 12. Any unauthorized removal of theater's equipment, or damage to the same shall be at User's expenses. 13. Whenever the User wishes to contract a Police Officer to cover the event, the number to call is 305-579-6440 (Special Events Office at the City of Miami Police Department). https://www.miamigov.com/manuelartime/Rental-Information/Rules-and-Regulations 1/2 DocuSign Envelope ID: 51 EC5E6B-3D4D-47FF-B493-87C304D86F71 —is and Regulations Manuel Artime Theater 14. Whenever the User wishes to contract security guard services, said guard must be IicE the State of Florida. Insurance Sample (http://www.manuelartimetheater.com/pages/docs/InsuranceSampleV2.pdf) ACH Direct Deposit (http://www.manuelartimetheater.com/pages/docs/Direct- Deposit ACH-Form.pdf) Alcohol/Food License Sample (http://www.manuelartimetheater.com/pages/docs/AlcoholFoodLicenseSample) 501 C3 Sample (http://www.manuelartimetheater.com/pages/docs/501C3Sampl https://www.miamigov.com/manuelartime/Rental-Information/Rules-and-Regulations 2/2 DocuSign Envelope ID: 51 EC5E6B-3D4D-47FF-B493-87C304D86F71 EXHIBIT H - CORPORATE RESOLUTION OR OTHER PROOF OF AUTHORITY Laffitte Ballet, Inc. WHEREAS, ("Company") desires to enter into an agreement Comparj 's Legal Name with the City of Miami substantially in the form of the agreement to which this Resolution is attached (the "Agreement"); and WHEREAS, the Board of Directors or Managing Members as applicable ("Governing Body") at a duly held meeting has considered the matter in accordance with the company's by-laws; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY that the Company intends to enter into the Agreement with the City of Miami and be bound by its terms and the Meisy Garda Laffitte Name of Authorized Person ("Authorized Person") as President Title of Authorized Person of the Company is hereby authorized and directed to execute the Agreement in the name of this Company and to execute any other documents and perform any acts in connection therewith as may be required to accomplish its purpose. BY: June 4, 2024 1 15:37:27 EDT IN WITNESS WHEREOF, this day of 20 ±DocuSigned by: .9.&8A.548,38 Day Witness Signature Alberto Ramirez Truba Witness Name BY: Month Year DocuSigned by: C � I ra4CUUJUI ra4E7... Chairperson of Governing Body or Authorized Officer Affix Corporate Seal if applicable Rev. 11052023 Page H-1 DocuSign Envelope ID: 51 EC5E6B-3D4D-47FF-B493-87C304D86F71 EXHIBIT I— APPLICATION Rev. 11052023 Page I-1 DocuSign Envelope ID: 51 EC5E6B-3D4D-47FF-B493-87C304D86F71 (1Tag a# 4abrni June 4, 2024 115:37:27 EDT Date: VIA ELECTRONIC MAIL "Dm' Laffitte Ballet, Inc. Meisy Garcia Laffitte 13984 SW 25 Terrace Miami, FL 33175 meisylaffitte@gmai1.com RE: Reservation of the Manuel Artime Theater on 06/24/2024 To whom it may concern, ARTHUR NORIEGA, V. City Manager The City of Miami, Depattiuent of Real Estate and Asset Management, which manages the Manuel Artime Theater ("Theater") located at 900 SW 1st Street, Miami, Florida 33130, received your application for the use of the Theater for purpose of Dance Reci tal ("Event"), more specifically described in the attachment to this correspondence. Your reservation for the use of the Theater for the Event is contingent on the following conditions: 1. A non-refundable deposit in the amount of $ $105.00 ($105.00/day) ("Deposit") to be paid to the City of Miami within seven (7) days of the date of this letter by ACH, cashier's check, credit card, or wire transfer. Applicable City information will be provided upon request. The Deposit shall be applied to the total Use Fee once determined. 2. Execution of a Use Agreement with terms acceptable to the City Manager and in a form acceptable to the City Attorney. The Use Agreement must be signed and returned along with the deposit described above. Failure to execute a Use Agreement timely will result in a cancellation of your Event. The following days will be reserved for your Event upon completion of the above conditions: 06/24/2024 through 06/24/2024 . These days are non -assignable. Should you have any comments or questions, please contact Yunior Santana at vsantana@miamigov.com. Enclosed: DocuSigned by: - Application—1F84ECC397F34E7... DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT 444 S.W. 2nd Avenue, 3rd Floor, Miami, FL 33130 / (305)416-1450 Fax: (305)416-2156 DocuSign Envelope ID: 51 EC5E6B-3D4D-47FF-B493-87C304D86F71 EXHIBIT J — CERTIFICATE OF INSURANCE Rev. 11052023 Page J-1 DocuSign Envelope ID: 51 EC5E6B-3D4D-47FF-B493-87C304D86F71 / ACORD® CERTIFICATE OF LIABILITY INSURANCE �------ DATE (MM/DD/YYYY) 06/04/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Parkview Insurance Group Inc 18191 NW 68th Ave Suite 215 Hialeah FL 33015 CONTNAME: ACT Maria Izquierdo (A//C,, No, Ext): (786) 828-7172 FAX No): E-MAIL if no arvewnsurance rou ADDRESS: �pkiig p.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: United States Liability Insurance Company INSURED LAFFITTE BALLET INC 2425 SW 147th AVE MIAMI FL 33185 INSURER B INSURERC: INSURER D : INSURER E : INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBERLIMITS POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) A X COMMERCIAL GENERALLIABILITY X GL 1238350 03/04/2024 03/04/2025 EACH OCCURRENCE $ 1 ,000,000.00 CLAIMS -MADE X OCCUR DAMAGE TRENTED PREMISESO(Ea occurrence) $ 100,000.00 MED EXP (Any one person) $ 5,000.00 PERSONAL&ADVINJURY $ 1,000,000.00 GEN'L AGGREGATE LIMIT APPLIES PRO- JECT PER: LOC GENERAL AGGREGATE $ 2,000,000.00 PRODUCTS - COMP/OPAGG $ INCLUDED $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS NON -OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB O OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N /A PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) ADDITIONAL INSURED WITH RESPECT TO THE OPERATIONS OF THE NAMED INSURED. INSURANCE IS PRIMARY NON CONTRIBUTORY. CERTIFICATE HOLDER CANCELLATION CITY OF MIAMI/MANUEL ARTIME THEATER 444 SW 2ND AVE MIAMI FL 33130 DS tO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ., — ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Olivera, Rosemary From: Santana, Yunior Sent: Friday, June 14, 2024 2:40 PM To: Hannon, Todd; Olivera, Rosemary Subject: ID24-1436 - 06/24/2024 - By Laffittle Ballet Attachments: Executed - MAT - ID24-1436 - 06242024 - By Laffittle Ballet.pdf ID24-1436 - 06/24/2024 - By Laffittle Ballet 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 Directions TH WHERE OAT IS TIMELESS RENT THE VENUES Follow Us 9111 0 Crt+Click) es Unless noted as "Florida Statute: 119 Exempt", All emails sent and received through the City of Miami's email system are considered public record. The Florida Public Records Act (FPRA) requires the City to make all public records available for inspection and to provide copies upon request. Please govern yourself accordingly. This message including all attachments is privileged and confidential, intended only for the named recipient(s) and may contain information that is privileged or exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that dissemination, distribution or copying of this message is strictly prohibited. If you receive this message in error, or are not the named recipient(s), please notify the sender at either the address or telephone number listed. 1