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HomeMy WebLinkAbout25912AGREEMENT INFORMATION AGREEMENT NUMBER 25912 NAME/TYPE OF AGREEMENT ENRIQUE SANTOS DESCRIPTION ARTIST CONTRACT/PRODUCTION OF 2026 THREE KINGS PARADE EFFECTIVE DATE January 6, 2026 ATTESTED BY TODD B. HANNON ATTESTED DATE 1/6/2026 DATE RECEIVED FROM ISSUING DEPT. 1/7/2026 NOTE DOCUSIGN AGREEMENT BY EMAIL CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Procurement DEPARTMENT CONTACT PERSON: Kyle Brudzinski / Aimee Gandarilla NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Enriaue Santos ('Artist") EXTENSION# 1909 / 1906 IS THIS AGREEMENT AS A RESULT OF A COMPETTIVE PROCUREMENT PROCESS? TOTAL CONTRACT AMOUNT: $5,000.00 TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) Work for Hire Agreement FUNDING INVOLVED? YES ❑ NO YES ❑ NO ❑ ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT PURPOSE OF ITEM (BRIEF SUMMARY) Artist Agreement for Enrique Santos for the 2026 Three Kings Parade COMMISSION APPROVAL DATE: FILE ID: IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ENACTMENT NO.: ROUTING INFORMATION DATE SIGNATURE APPROVAL BY PROCUREMENT DIRECTOR (OR DESIGNEE) On behalf of Procurement Director - January 2, 2026 Annie Perez Signed by: — btallissa, C,Aat,V'blit, I 15:16:18 EST [qss SIGNATURE: - SA688B446... APPROVAL BY RISK MANAGEMENT OFFICE - January 6, 2026 Davi d Ru i z I SI�pp 2222NATIJRE4466: EST >,\213 Signed by: - p"if, ^., APPROVAL BY CITY ATTORNEY - January 6, 2026 George K Wysong, I SIGNATURE11: 32 : 55: EST 6�0r°-1-PCxaRE4 76 _. T Ddeusignedby: _ Gt DKot (p Sb Ili i APPROVAL BY BUDGET OFFICE N/A 8877SFHFt88248B... N/A SIGNATURE: APPROVAL BY ASSISTANT CITY MANAGER (PROCUREMENT) _ January 6, 2026 Erica Paschal ATURE: EST L 14:10:28 IGN _ —DocuSigned by: e PE APPROVAL BY ASSISTANT CITY MANAGER (CLIENT DEPARTMENT) N/A r- Be N/A SIGNATURE: APPROVAL BY DEPUTY CITY MANAGER _ January 6, 2026 Natasha Colebrook I 15:21:00 EST SIGNATURE: -Williams (—DocuSigned by: - N4 44IA CaE.144,44_Wd • '`-84b/UU9/JDE7 APPROVED BY CITY MANAGER - January 6, 2026 Arthur Noriega 1 15:24: 55 EST IGNATUE: "`86UCF6C377664 Hannon, Todd $lC '$AiW fl EST 41 .... Signed by: - Aj - DocuSignedby: F6::::)--b___- _ SUBMITTED TO AND ATTESTED BY CITY CLERK - January 6, 2026 PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER PR CITY OF MIAMI ARTIST CONTRACT THIS WORK FOR HIRE AGREEMENT ("Agreement"), made and entered into this 6th day of January , 2026, by and between CITY OF MIAMI, FLORIDA, a municipal corporation of the State of Florida, with offices at 444 SW 2nd Avenue, Miami Florida 33130 ("City"), and Enrique Santos hereinafter referred to as "Artist" whose local address is 15001 SW 174th St Miami, FL 33187, and is furnishing the services of the musical group/individual known as "Enrique Santos" hereinafter referred to as the Artist. The City and Artist may be individually referred to as a "Party" or collectively as the "Parties." WITNESSETH WHEREAS, CITY will produce the event known as "2026 Three Kings Parade" on January 11, 2026 ("Event") and; WHEREAS, CITY wishes to retain Enrique Santos ("Artist") for the Event, and; WHEREAS, the Artist or Artist's Representative warrants that it is authorized to execute the agreement on behalf of the Artist and that it has obtained all necessary authorizations from the Artist. NOW THEREFORE, in consideration of the provisions set forth herein, the mutual promises and covenants of the parties evidenced hereby, and other good and valuable consideration, CITY and the Artist hereby agree as follows: ARTICLE I DEFINITIONS The following words and phrases, where appearing with initial capitalization, shall have the following meanings for purposes of this Agreement: 1.1 Agreement. The term "Agreement" refers to this Agreement by and between the City and the Artist. 1.2 City Manager. The term "City Manager" refers to the City Manager of the City. 1.3 Services. The term "Services" refers to those obligations to be performed by the Artist pursuant to Article III of this Agreement. 1.4 Artist. The term "Artist" refers to the individual, or the artist group known as: Enrique Santos. 1.5 Artist Representative. The term "Artist Representative" refers to Julie Madison Productions LLC, represented by its owner and authorized agent, Julio Ramirez. ARTICLE II TERM OF AGREEMENT AND RELATIONSHIP OF THE PARTIES 2.1 Term. The term of this Agreement shall commence as of the date written above, and shall expire at Midnight, on January 12, 2026, unless earlier terminated pursuant to Article V of this Agreement. 2.2 Artist. The Artist shall use the best professional and industry level of care and judgment in providing the Services to the City in accordance with the terms and conditions of this Agreement. 2.3 Event Coordinator The Artist, through the Artist Representative, shall report directly to the City Manager or their designee, Maria Lopez Alvarez, Event Coordinator ("Event Coordinator"). ARTICLE III ARTIST SERVICES 3.1. The Artist must provide the following Services in connection with the Event. (a) Performance times shall be scheduled according to the necessity of CITY but shall be as follows: Performance times shall be finalized and mutually agreed upon between the Artist and Event Coordinator no later than January 7, 2026. If the Parties fail to come to an Agreement by January 7, 2026, either party may terminate this Agreement by providing written notice to the non -terminating party. (b) Services shall include, but not be limited to, serving as the Master of Ceremonies for the Event, which shall include introducing guests, maintaining the pace of the event, keeping the audience informed, and share cultural context during the Event, and engaging the crowd. As part of the Services, Artist shall promote the Event with three (3) posts/references on their personal social media platform with the largest following, and at least one promotion on the radio. (c) January 11, 2026 ("Performance Date"), Artist shall perform as requested by the City; and (d) The Artist shall render the Services under this Agreement in accordance with the highest applicable professional or industry standards, and in accordance with all applicable federal, state and local laws and regulations in effect during the term of this Agreement; and (e) Location: Parade Route as identified by the City and the Stage on SW 27 Street and SW 22nd Avenue ("Venue"). 3.2 Work for Hire. Artist understands and agrees that all services rendered by Artist pursuant to Section 3.1 of this Agreement ("Services") and anything created by or on behalf of Artist (including by Artist permitted contractors, subcontractors, employees, agents and other representatives) in connection with, resulting from or arising in the course of performance of the Services, including without limitation all text, audio, video, signs, photographs, images and marketing materials, as well as all plans, concepts, ideas, materials, as well as all plans, concepts, ideas, materials, and similar work products, including without limitation posters, programs, tapes, scripts and designs for merchandise, in both tangible and intangible form, created or presented by Artist in connection with the delivery of the Services (collectively "Material") shall be deemed "works made for hire" (as that term is known and understood in federal copyright law). Accordingly, all right, title and interest in, to, derived from or ancillary to the Material shall, at all times, be solely and exclusively the property of the City for the City use and exploitation in any language, manner or media whether now known or hereafter created, as the City may deem appropriate throughout the world and in perpetuity. Artist shall have no right to use Material on behalf of Artist or any third party, without prior written approval of CITY. The provisions of this Section shall survive the expiration or earlier termination of this Agreement. 3.3 Image and Likeness; Video and Photographic Release. Artist acknowledges and agrees that in the process of rendering the Services, Artist and its employees, contractors, subcontractors, and other representatives may be photographs, videoed or similarly recorded while at the Event or at other events or activities for the CITY. Artist hereby grants and conveys to CITY all right, title, and interests in any and all photographs, images, video, audio, and audio recordings of Artist, Artist's employees, contractors, subcontractors, and any other representatives of the Artist and their respective likeness created by the City or any City representatives in connection with the Event or other events or activities of CITY. Moreover, Artist hereby irrevocably consents to and grants CITY and anyone authorized by CITY, the exclusive right to use of any and all (i) photographs, (ii) audio and audio recordings; and (iii) video and video recordings containing the image or likeness of Artist, Artist' s employees, contractors, subcontractors, and any other representatives of the Artist, for any lawful purpose whatsoever in connection with CITY's activities, including without limitation, the Event. Artist shall indemnify and hold harmless City from any and all claims of Artist's employees, contractors, subcontractors, or other representatives related to or in connection with any of the foregoing. The provisions of this Section shall survive the expiration of earlier termination of this Agreement. ARTICLE IV COMPENSATION 4.1 Artist Fee. Subject to the terms and conditions set forth herein, CITY agrees to pay ARTIST a fee of $5.000.00 ("Artist Fee" or "Compensation"). Compensation shall be due and payable on Friday, January 9, 2026. 4.2 Check shall be made payable to: Julie Madison Productions ARTICLE V TERMINATION 5.1 Cancellation of Event. In the instance City's Event is canceled by the CITY for any reason, this Agreement shall be terminated as of the effective date of the cancellation. If such a termination occurs after January 9, 2026, the Artist shall be entitled to Compensation. If the CITY cancels the Event prior to January 9, 2026, then the Artist shall receive only fifty percent (50%) of the Compensation. 52 Mutual Agreement. This Agreement may be terminated prior to its expiration by mutual agreement between CITY and the Artist, with no further obligation by the Parties. 5.3 Termination. CITY shall have the right, at any time, to terminate this Agreement if the Artist does not fulfill all requirements of Article 3. Such termination shall be effective upon CITY's issuance of written notice of termination to the Artist, and the Artist shall receive no Compensation. ARTICLE VI MISCELLANEOUS 6.1 This Agreement is executed in Miami, Florida, and it is the intent of the parties that it be governed by and construed in accordance with the laws of the State of Florida. 6.2 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 notice given, as herein provided. Notice shall be deemed given on the day on which personally delivered; or if by U.S. Mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. If to CITY: With copies to: City of Miami 444 SW 2nd Avenue 10th Floor Miami, Florida 33130 Attn.: City Manager George Wysong III City Attorney, City of Miami 444 S.W. 2nd Avenue, 9th Floor Miami, FL 33130 If to Artist: Enrique Santos c/o Julie Madison Productions Attn: Julio Ramirez, 15001 SW 174th St Miami, FL 33187 Any notice shall be deemed effective when actually received or deliberately refused. 6.3 Should any clause or any other portion of this Agreement be determined to be void or unenforceable for any reason, such determining shall not affect the validity or enforceability of any other clause or portion of this Agreement, all of which shall remain in full force and effect. 6.4 TIME IS OF THE ESSENCE OF THIS AGREEMENT. 6.5 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. No modification or amendment of this Agreement shall be effective unless set forth in writing and signed by both Artist and Executive Director. 6.6 Anti -Human Trafficking. The Artist confirms and certifies that it is not in violation of Section 787.06, Florida Statutes, and that it does not and shall not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes. The Artist shall execute and submit to the City an Affidavit, of even date herewith, in compliance with Section 787.06(13), Florida Statutes, attached an incorporated herein as Exhibit "A". If the Artist fails to comply with the terms of this Section, the City may suspend or terminate this Agreement immediately, without prior notice, and in no event shall the City be liable to Artist for any additional compensation or for any consequential or incidental damages. 6.7 The City is responsible for providing parking for the Artist on the day of and/or in preparation for the Event. The Artist will be informed of parking location by the Executive Director or their designee, Santravia Butler. 6.8 In consideration of the City making its location available to the Artist for its performance in connection with the Event, the Artist agrees to indemnify and hold harmless the City of Miami, a municipal corporation, from and against all claims, loss, damage, injury and liability, including reasonable attorney's fees and costs of investigation, resulting from or arising out of the Artist' s Services pursuant to this Agreement of and any and all claims, damage, loss, injury or liability resulting from Artist's agents, contractors, subcontractors, or employees. This provision shall survive the termination of this Agreement. 6.9 The Artist will exercise due care in the use of the Venue. 6.10 Artist agrees to allow filming by the City and media of the Event for purposes of City public relations. Artist agrees all material recorded or reproduced for the Event shall be owned by the City and may be distributed, published, and reproduced for City's use in its sole discretion. The Artist shall make themselves available for interviews. 6.11 Advertising: The City when advertising the Event will display the Artist's name as follows: Enrique Santos 6.12 Refreshments: The City agrees to provide for the Artist: soda and water. 6.13 Backline: To be provided by the City. 6.14 Audio/Lighting and sound check: City agrees to provide sound and lighting equivalent to industry standards appropriate for the facility. The Sound Check will take place on January 10, 2026 and to be determined upon consultation with the Event Coordinator. 6.15 Cancellations: Illness, Force Majeure: L Artist may terminate this Agreement if: a. If the individual, or any individual member of the group, contracted for the show dies, becomes severely ill, or incapacitated for reasons outside Artist's control; or b. In Artist's judgment, and his reasonable discretion, performance of the engagement may directly expose any member of the group, an employee of Artist, or any portion of the audience to danger or death or injury or civic strike of any kind; or c. Performance of any of Artist's obligations becomes impossible or impractical by reason of strike, civil unrest, fuel rationing, unforeseeable act of order of any contractor or subcontractor and public authority, epidemic, dangerous weather conditions, natural local state of emergency, fire or any other event or condition of any kind of character. 11 Artist is not entitled to terminate this Agreement if: Artist fails to perform on the Performance Date for conditions within the Artist's control. Artist shall not be entitled to any Compensation. 6.16 This Agreement may be executed in any number of counterparts, each of which 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 electronic transmission), which signature shall be binding on the party whose name is contained therein. The Artist, or Artist' s Representative, is authorized to execute this Agreement and bind the Artist to the terms of this Agreement. 6.17 A material element of this Agreement is the personal skill, judgement, and creativity of the Artist. Therefore, the Artist shall not assign, transfer, nor subcontract the Services to any other party without prior written approval of the Executive Director. 6.18 Artist 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. (SIGNATURE PAGE FOLLOWS) Remainder of Page Intentionally Blank IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above written. Attest: Artist: Enrique Santos Print Name: Natalie Guzman Prihf rfanie: Julio Ramirez Artist or Artist's Representative CITY OF MIAMI, a municipal corporation of the State of Florida ATTEST: Signed by: V By:32D 42A... By: Artiur Noriega V City Manager Approved as to Legal Form and Correctness DocuSigned by: To B. Hannon City Clerk Date: January 6, 2026 118:11:40 EST Approved as to Insurance Requirements DoeuSigned by: Signed by: By: CA-6882., Risav Ill By: Qsaw 6 . George K. Wysong III David°uiz City Attorney Signed by: Interim Director Department of Risk Management Title: President EXHIBIT A ANTI -HUMAN TRAFFICKING AFFIDAVIT 1. The undersigned affirms, certifies, attests, and stipulates as follows: a. The entity/individual is a nongovernmental entity authorized to transact business in the State of Florida (hereinafter, "nongovernmental entity"). b. The nongovernmental entity is either executing, renewing, or extending a contract (including, but not limited to, any amendments, as applicable) with the City of Miami ("City") or one of its agencies, authorities, boards, trusts, or other City entity which constitutes a governmental entity as defined in Section 287.138(1), Florida Statutes (2024). c. The nongovernmental entity is not in violation of Section 787.06, Florida Statutes (2024), titled "Human Trafficking." d. The nongovernmental entity does not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes (2024). 2. Under penalties of perjury, pursuant to Section 92.525, Florida Statutes, I declare the following: a. I have read and understand the foregoing Anti -Human Trafficking Affidavit and that the facts, statements and representations provided in Section 1 are true and correct. b. I am an officer, a representative, or individual of the nongovernmental entity authorized to execute this Anti -Human Trafficking Affidavit. FURTHER AFFIANT SAYETH NAUGHT. Nongovernmental Entity/Individual: Julie Madison Productions LLC, on behalf of Artist Name: Julio Ramirez Signature: 7 _ v Office Address: 15001 SW 174th St Miami, FL 33187 Email Address: Info@JulieMadisonProductions Main Phone Number: (786) 493-1788 Olivera, Rosemary From: Gandarilla, Aimee Sent: Wednesday, January 7, 2026 8:43 AM To: Hannon, Todd Cc: Olivera, Rosemary; Brown, Sadie; Brudzinski, Kyle Subject: 2026 Three Kings Parade - Artist Contract - Enrique Santos Attachments: 2026 Three Kings Parade - Artist Contract - Enrique Santos.pdf Good morning Todd, Please find attached the fully executed copy of an agreement from DocuSign that will be considered an original agreement for your records. Thank you, Aimee gains an ia, Procurement Assistant City of Miami Procurement Department 444 SW 2nd Avenue, 6th floor, Miami, FL 33130 P (305) 416-1906 F (305) 400-5073 E agandarilla@miamigov.com "Serving, Enhancing, and Transforming our Community" i