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HomeMy WebLinkAbout24294AGREEMENT INFORMATION AGREEMENT NUMBER 24294 NAME/TYPE OF AGREEMENT FLORIDA INTERNATIONAL UNIVERSITY DESCRIPTION AGREEMENT FOR SERVICES/PUBLIC SERVICE AIDE EXAMINATION EFFECTIVE DATE January 11, 2023 ATTESTED BY TODD B. HANNON ATTESTED DATE 1/27/2023 DATE RECEIVED FROM ISSUING DEPT. 3/7/2023 NOTE .. -�II Kovens = , Conference Center FLORIDA INTERNATIONAL UNIVERSITY Agreement # COM013122 AGREEMENT FOR SERVICES This agreement made and entered on. Tuesday, November 16, 2021 between. Florida International University, hereinafter called the Owner and User Name: City of Miami, a Florida Municpal Corporation User Contact: Francine Chacon = Human Resources Generalist Testing and Validation Division Department of Human Resources City of Miami 305-416-2124 User Address: City Manager's Office 444 S.W. 2nd Avenue, 10th floor Miami, FL 33130 USA Hereinafter called. the User WITNESSETH That in consideration of the covenants and agreements herein expressed and of the faithful performance by the User of all such covenants and "agreements, the Owner does hereby demise and lease unto the User and the User does hereby rent and take as User the following facilities of Florida International University, Biscayne Bay Campus, City of North Miami, in Dade County, Florida: THE RO7_, AND CAL KOVENS CONFERENCE CENTER. 1a.1 °� - .. � x -a . . V, bait uci `�: en 01/31/22 . 7:30am 6:00pm Meeting Bayview Ballroom Classroom 125 02/01/22 7:30am 6:00pm Meeting Bayview Ballroom Classroom 125 02/02/22 7:30am 6:00pm Meeting Bayview Ballroom Classroom 125 02/03/22 7:30am 6:00pm Meeting Bayview Ballroom Classroom 125 with the understanding that the User shall have the right of ingress and egress through the halls and corridors of such building, but acquires hereby no other right in any part of the building than the part specified. User represents that such premises are being rented for the purpose. of: Firelighter Monday, January 31, 2022 - Thursday, February 3, 2022. Page 1 of 7 t' ovember 16, 2021 Date Firefighter Written Exam and for no other purpose whatsoever without the written consent of the Owner endorsed on this agreement, for the term of: Commencing on Monday, January 31, 2022 and terminating on Thursday, February 3, 2022. The Owner hereby agrees: To permit the said User, upon the faithful performance of the terms and covenants of this agreement, to peaceable and quietly have, hold and enjoy the use of said premises for the purpose and for term aforesaid. The User hereby covenants agrees: To pay the said Owner, at its office at the Roz and Cal Kovens Conference Center for the use of said premises and facilities the sum of: $9,000.00 User is a tax exempt entity Deposit Type Deposit Order Due Date Amount Due Received Date Amount Received - Full Payment 5 03/03/22 9,000.00 0.00 Please make your check(s) payable to "FIU - Kovens Conference Center" and reference your reservation number (COM013122) on the purchase order. Contract Deadline: The signed contract and payment are required in order to confirm your event. Your reservation will be on a "tentative" status until Tuesday, January 4, 2022 and needs to be confirmed by this date. If we do not receive the signed agreement, your reservation will expire. The User agrees to pay Owner for services and the use of the premise as follows: Time shall be of essence with respect to such payments three (3) days after their due dates. User shall pay Owner within thirty (30) days after event date. If the. User fails to make a payment required by this contract in a timely manner, the Owner may terminate this contract without further notice and without obligation to refund monies previously paid. The Owner reserves the right to refuse User permission to use said premises if the User is in arrears of any payment due to the Owner. Cancellation Policy: The User acknowledges that in entering into the agreement, the Owner has removed a substantial number of meeting rooms for the User, and removed such reserved meetings rooms from the general market place and has relied upon such reservations provided for in the agreement to the exclusion of other business opportunities. The User further acknowledges that the cancellation of this agreement will result in the loss of not only meeting room revenues, but also audiovisual, personnel and furnishing revenues, which the Owner will not be able to earn. Based on the above, the parties hereto agree that in the event of a cancellation of this agreement by the User, the Owner has exposed itself to considerable damage and substantial financial Loss. If the User desires to cancel this agreement, the User may only do so by giving notice thereof in writing sent to the Owner with evidence of receipt; User shall not be liable for any fees for cancellation in writing before ten (10) working days of the event. Thereafter, the User will continue to be liable for 100% of the Firefighter Monday, January 31, 2022 -Thursday, February 3, 2022. Page 2 of 7 November 16, 2021 Date total event fees unless cancellation results from a force majeure situation. Please note that the reduction of contracted meeting rooms is viewed as a cancellation in which case the "Cancellation Policy" provisions will apply. Force Majeure: Any party may terminate the Agreement for Services in the event of occurrences or events outside the control of such party, such as acts of war, civil disturbances, acts of military or governmental authorities, fire, flood, tornado, or other acts of God or other causes similar or the foregoing not caused by and beyond the control of such party, materially impair either party's ability to legally perform its obligations hereunder in a timely manner. If a party receives notice from any source of the occurrence or probable occurrence of any such event, such party shall promptly notify the other party of the occurrence or probable occurrence of such event. If a party wishes to terminate the agreement pursuant to the foregoing, it must provide the other party written notice of termination within three (3) days following the latter of (1) the date of the occurrence of such event or (2) the date on which such party first has actual knowledge of the occurrence of such event. A patty's ability to perform shall not be considered materially impaired if a reasonable and substantially comparable or alternative means of performance is available without material additional cost or expense to such party or the other party. The Owner covenants and agrees: To furnish the following services, equipment, materials, technicians, etc. on the following terms and conditions: Please refer to attached Conference Service Order(s). The User covenants and agrees: To quit and surrender said demised premises and all equipment contained therein to the Owner at the end of said term in the same condition as at the date of the commencement of this agreement, ordinary use and wear thereof only expected. To abide by and conform to all rules and regulations from time adopted or prescribed by the Owner, for the government and management of said facilities. User is a Florida municipal corporation and its liability is to the extent and limitations of the provisions of F.S. 768.28 and without waiving sovereign immunity. To pay such sums in lawful money of the United States of America, or by certified check or cashiers check at the University within thirty (30) days of event. To pay said Owner upon invoice any sum, which may be due to said Owner for additional service, accommodations or materials furnished or loaned by said Owner. The User agrees to provide a purchase order, in order to cover the cost of such additions. To abide by and conform to all rules and regulations listed in the Kovens Conference Center "General Information, Policies, and Procedures" manual. This agreement is made and entered into upon the following express covenants and conditions: 1. That said User will comply with all laws of the United States and of the State of Florida Department of Business Regulation, Division of Alcoholic Beverages and Tobacco. 2. Smoking: In accordance to the Florida Indoor Air Act revised October 1, 1992, smoking is NOT allowed anywhere in the Roz and Cal Kovens Conference Center or any other building on the premises. Firefighter Monday, January 31, 2022 - Thursday, February 3, 2022. Page 3 of 7 November 16, 2021 Date 3. That said User will not cause or allow alcoholic beverages of any kind to be sold, given away, or used upon said premises except after obtaining the express written consent of the University. 4. That said User shall not injure, nor mar, nor in any manner deface said premises or any equipment contained therein, and shall not cause or permit anything to be done whereby the said premises or equipment therein shall be in any manner injured, marred or defaced; and will not drive or permit to be driven nails, hooks, tacks or screws into any part of said building or equipment contained therein and will not make nor allow to be made any alterations of any kind to said building or equipment contained therein. 5. That if said premises or any portion of said building or any equipment contained therein during the term of this lease shall be damaged by the act, default or negligence of the User, or of the User's agents, employees, patrons, guests or of any person admitted to said premises or equipment contained therein to restore to their present condition. The User hereby assumes full responsibility for the character, acts and conduct of all persons admitted to said premises or to any portion of said building by the consent of the said User or by or with the consent of any person acting for or in behalf of said User, subject to the limitations as set forth in section 768.28 F.S. 6. The User agrees and understands that FIU's Public Safety is the only security personnel allowed on the campus. No outside police officers, security guards, companies or similar personnel will be allowed to serve as security personnel. User will hire only law enforcement officers from FIU's Department of Public Safety or specifically coordinated through the FIU Public Safety department. 7. That the User shall not admit to said premises a larger number of persons than the seating capacity thereof will accommodate, or can safely or freely move about in said rented areas. 8. The organization affirms that it does not discriminate in its membership or methods of conducting business with respect to race, color, creed, age, handicap, sex, religion, marital status, national origin or veteran status. 9. To the extent applicable, should the User need catering services, User shall secure those services through the Kovens Conference Center's in-house caterer, Thierry's Catering ONLY. 10. The University does not provide insurance coverage for licensee's activities or operations on its property and expects the organizations to acquire all necessary licenses to operate legally on its property and will not check to see if licensee has appropriate coverage. However, the University reserves the right to require proof of insurance or licenses depending upon the nature of the activities or operation proposed. The City of Miami is self -insured and will provide its self-insurance letter to Owner upon request. 11. That said User will not secure services with outside vendors, such as production companies, DJs, bands, caterers, valet parking services, entertainment companies, and pyrotechnic providers, for said premises, except after obtaining the express written consent of the University. 12. That said User will not allow food and beverages of any kind to be sold or given away upon said premises, except after obtaining the express written consent of the Owner, or if the service is provided by the Owner's food service provider. 13. The User has inspected FIU's premises and facilities to be used under this agreement and finds them to be in acceptable condition for the uses contemplated, and accepts them with defects and hazards, latent Firefighter Monday, January 31, 2022 - Thursday, February 3, 2022. Page 4 of 7 November 16, 2021 Date or patent if any, an in "as is" condition. It is understood and agreed by the User that FIU tenders use of its facilities without any representation as to their safety and condition. Following inspection, User shall notify its membership and invitees of any unusual conditions. It is further mutually agreed by and between the parties hereto: 1. The Owner shall not be obligated to furnish any staff services except as may be specifically set forth in the rental agreement. See provision regarding audiovisual staff on conference center order attached. 2. The User agrees to evacuate the agreed premises promptly upon notice to be given by the Owner in the event the Owner deems it necessary for the protection and safety of the public. 3. The Owner shall not be liable for any damage or injury that may be suffered by the User or by its agents and employees, including property damage arising out of, or in connection with the use and occupancy of the agreed premises. That all terms and conditions of this agreement shall be binding upon the parties, their heirs or representatives, and assigns, and cannot be varied or waived by any oral representations or promise of any agent or other person of the parties hereto unless the same be in writing and mutually signed by the duly authorized agent or agents who executed this agreement. The persons executing this agreement warrant and represent that they are authorized by their respective entities to execute a binding agreement. Counterparts and Electronic Signatures. 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. Firefighter Monday, January 31, 2022 - Thursday, February 3, 2022. Page 5 of 7 November 16, 2021 Date COVID-19 ADDENDUM 1. USER and USER PARTIES must strictly comply with applicable laws, rules, regulations and orders from FIU, state and local governmental authorities, as any of these may be amended from time to time. 2. Without limitation, all attendees must follow all on -campus protocols and observe safety guidelines. 3. Failure by USER and/or USER PARTIES to abide by applicable laws, rules, regulations, orders protocols or guidelines will result in enforcement by FIU PD, may result in the denial or rescission of USER's permission to proceed with the Program, and may result in USER being restricted from reserving space at an FIU Location in the future. 4. USER acknowledges and agrees that the Program may need to be cancelled on or prior to the Use Period on short notice (and on less than thirty days' prior notice), and the amount of attendees may need to be limited to a certain percentage, based on FIU, Miami -Dade County, state and/or CDC guidelines then in effect. 5. USER and USER PARTIES must follow all posted instructions at FIU. Building entry points may be reduced to establish circulation patterns. USER and USER PARTIES shall abide by all FIU signage, including (i) building exterior signage for how -to -proceed instructions, (ii) directional signs and decals to adhere to building circulation guidelines, (iii) restroom signs to ensure social distancing and proper hand -washing instructions, and (iv) signs indicating furniture/seating availability in compliance with social distancing guidelines. Restrooms in building common areas will be cleaned and sanitized by FIU with more frequency, will be offline periodically (based on patron traffic), and will have designated sinks, toilet stalls, and urinals to allow for social distancing compliance. Corridor and lounge furniture, if available, will be limited to allow for social distancing. 6. The risk to have contact with individuals who have been exposed to and/or have been diagnosed with one or more communicable diseases, including but not limited to COVID-19 or other medical conditions or diseases does exist, and it is impossible to eliminate the risk that USER and/or USER PARTIES could be exposed to and/or become infected through contact with or close proximity with an individual with a communicable disease. USER and USER PARTIES guests knowingly and voluntarily assume all risks related to exposure to COVID-19 or other medical conditions or diseases. 7. If there is any conflict between the terms of this Addendum and the remaining terms of the Premises Use Agreement, the terms of this Addendum shall prevail. Firefighter Monday, January 31, 2022 - Thursday, February 3, 2022. Page 6 of 7 November 16, 2021 Date The parties have indicated their agreement to this License and Services Agreement by signing below. User: CITY OF MIAMI Date: 11/22/2021 Date: 12/15/2021 Date: Signature: Printed: Signature: Printed: Signature: Printed: Arthur Norieg:, City anager (CITY OF MIA ) (.16.4,14y 17RaK 12r6 A71//12 065 5/..0.5a9 Ann -Marie Sharpe, Risk Management (CITY OF MIAMI ) ictoria Mendez City A orney .J.G. (CITY OF MI Matter ID: 21-2881 Date: ‘2(aO lapa,\ Signat 11111 Printed: Todd Hannon, C (CITY OF MIAMI ) OWNER: The Florida International University Board of Trustees for its Kovens Conference Center Owner Signature Date: 12. \114\2-k Dana Baker Associate Director, Conference Services Kovens Conference Center Firefighter Monday, January 31, 2022 - Thursday, February 3, 2022. Page 7 of 7 November 16, 2021 Date