HomeMy WebLinkAbout24464AGREEMENT INFORMATION
AGREEMENT NUMBER
24464
NAME/TYPE OF AGREEMENT
THE SCHOOL BOARD OF MIAMI-DADE COUNTY
DESCRIPTION
USE AGREEMENT/MANUEL ARTIME PERFORMING ARTS
CENTER/DANCE/MATTER ID: 23-579
EFFECTIVE DATE
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
5/25/2023
DATE RECEIVED FROM ISSUING
DEPT.
5/31/2023
NOTE
DOCUSIGN AGREEMENT BY EMAIL
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CITY OF MIAMI
DOCUMENT ROUTING FORM
ORIGINATING DEPARTMENT: DREAM
DEPT. CONTACT PERSON: Yunior Santana EXT. (305)960-4686
NAME OF OTHER CONTRACTUAL PARTY/ENTITY: south Miami K-8
IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ❑ NO
TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? ❑ YES ❑ NO
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT
❑ PROFESSIONAL SERVICES AGREEMENT
❑ GRANT AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT
❑ LICENSE AGREEMENT
OTHER: (PLEASE SPECIFY) User Agreement
PURPOSE OF ITEM (BRIEF SUMMARY): 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 ASST. DIRECTOR
3, 2023
I 11:50:22 EDT
PRINT: Hans Maichel
SIGNATURE:
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SUBMITTED TO RISK MANAGEMENT
May 3, 2023
I 11:54:01 EDT
PRINT: Ann -Marie Sharpe
SIGNATURE:
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SUBMITTED TO CITY ATTORNEY ,--os
I 13:22 :00 EDT
PRINT: Victoria Mendez
SIGNATURE:
Matter ID#: 23-579 -2--/-7 22 , 2023
APPROVAL BY ASSISTANT CITY MANAGER
May 23, 2023
I 15:35:38 EDT
PRINT: Larry Spring
SIGNATURE:
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RECEIVED BY CITY MANAGER
May 25, 2023
I 08:45:15 EDT
PRINT: Arthur Noriega
SIGNATURE:—ssv�F6e3=
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May 25, 2023
I 22 : 28 : 09 EDT
PRINT: Todd Hannon
SIGNATURE:
PRINT:
SIGNATURE:
PRINT:
SIGNATURE:
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by:
1) ONE ORIGINAL TO CITY CLERK,
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2) ONE COPY TO CITY ATTORNEY'S OFFICE,
3) REMAINING ORIGINAL(S) TO ORIGINATING
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PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE
EXECUTION BY THE CITY MANAGER
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Miami -Dade Count Public Schools
giving our students the world
Superintendent of Schools
Dr. Jose L. Dotres
October 31, 2022
Yunior Santana
City of Miami - Manuel Artime Theater
900 SW 1st Street
Miami, FL 33130
RE: Dance End of Year Show — South Miami K-8 Center
Dear Mr. Santana,
Miami -Dade County School Board
Perla Tabares Hantman, Chair
Dr. Steve Gallon ill, Vice Chair
Lucia Baez -Geller
Dr. Dorothy Bendross-Mindingall
Christi Fraga
Dr. Lubby Navarro
Dr. Marta Perez
Mari Tere Rojas
Luisa Santos
This letter is written in response to the request to provide a Certificate of Insurance for
the use of Manuel Artime Theater by Miami -Dade County Public Schools on May 24,
2023.
Please be advised that the School Board of Miami -Dade County, Florida maintains an
ongoing self-insurance program for Public Liability, Automobile Liability and Workers'
Compensation Insurance covering the School Board's members, officers and employees.
We ask that you accept this confirmation of our self-insurance program, subject to the
limitations of Florida Statute 768.28, in lieu of submitting a certificate of insurance.
If you have any questions, please feel free to contact me at (305) 995-7155.
Sincerely,
Digitally signed by Elizabeth L. Soto
DN: cn=Elizabeth L. Soto, o=MDCPS, ou=Office of
Elizabeth L. Soto Risk and Benefits Management,
email=elizabeth.soto@dadeschools.net, c=US
Location: Office of Risk and Benefits Management
Date: 2022.10.31 12:52:17 -04'00'
Elizabeth L. Soto
Risk Compliance Coordinator
c—DS
Office of Risk and Benefits Management
1501 N.E. 2nd Avenue, Suite 335 • Miami, Florida 33132
305-995-7129. 305-995-7170 (FAX) • riskmanagement.dadeschools.net
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USE AGREEMENT
MANUEL ARTIME PERFORMING ARTS CENTER
This Use Agreement ("Agreement") is entered into this day of , 2023, by and
between the City of Miami, a municipal corporation of the State of Florida ("City") and The School
Board of Miami -Dade County, by and through the South Miami K-8 Center. a political subdivision
of the state of Florida ("User").
RECITALS
A. User has requested that the City make available to it the use of the Manuel Artime
Performing Arts Center located at 900 SW 1 Street, Miami, FL 33130 ("Facility"), for the fee
specified herein.
B. The City owns and operates the Facility and is willing to permit User to use the
Facility during the use period subject to the terms and conditions set forth herein.
C. The City Commission, by Ordinance 12403, has approved the fees and rates being
charged to the User hereunder, and has authorized the execution of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, the City hereby grants to User a limited license for the right, privilege and permission
to enter into and upon Facility for the Permitted Use and during the Use Period, as the terms are
hereinafter defined, subject the terms and conditions set forth in this Agreement.
1f. TERM: The term of this Agreement shall commence upon full execution hereof and
shall terminate upon fulfillment of all the responsibilities and obligations of the parties hereunder
("Term").
2. PERMITTED USE: User shall be permitted to enter and occupy certain portions of the
Facility for the purposes of presenting Dance ("Event") as follows:
(a) Other Uses: Should User wish to use the Facility at any other times or for any
other purposes, then the proposed use and the charges to be paid in connection therewith shall be
as customarily charged by the City for similar use of the Facility.
(b) Reservation by other users: For purposes of this paragraph, the
auditorium or any portion of the Facility shall be deemed to have been reserved by another user if,
as of the date hereof, such areas are reserved for use by another user or if the City notifies User of
a prior reservation at least fifteen (15) days prior to the date of the reserved event or use.
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(c) No Interest Conferred: This Agreement confers no exclusive possession of
the Facility. The User cannot exclude the City from the Facility. This Agreement solely provides
a license that authorizes User to the temporary use of the Facility for the limited purposes set forth
herein and for no other purpose. The parties hereby agree that the provisions of this Agreement
do not constitute a lease. The rights of User hereunder are not those of a tenant but are a mere
personal privilege to do certain acts of a temporary character in the Facility and to use the Facility,
subject to the terms of this Agreement. The City retains dominion, possession and control of the
Facility.
3. USE PERIOD: The use period shall consist of the periods for set-up and dismantle and
for presentation of the Event ("Use Period").
• The period for presentation of the Event#1 shall commence at 7:00pm, on the 24 day of
May, 2023, and shall terminate at 9:00pm, on the 24 day of May, 2023.
• The period for rehearsal #1 of the Event#I shall commence at 9:00am, on the 23 day of
May, 2023, and shall terminate at 1:00pm, on the 23 day of May, 2023.
• The period for rehearsal #2 of the Event#1 shall commence at 2:00pm, on the 23 day of
May, 2023, and shall terminate at 6:00pm, on the 23 day of May, 2023.
• The period for rehearsal #3 of the Event#1 shall commence at 11:00am, on the 24 day of
May, 2023, and shall terminate at 1:00pm, on the 24 day of May, 2023.
• The period for rehearsal #4 of the Event#1 shall commence at 2:00pm, on the 24 day of
May, 2023, and shall terminate at 6:00pm, on the 24 day of May, 2023.
• Unless otherwise agreed by the Director of the Facility (the "Director"), the set-up period
shall commence no earlier than 10:00am, on the 24 day of May, 2023, prior to the Event#I
period, and dismantle shall begin immediately upon the conclusion of the Event#1
terminating no later than 10:00pm, on the 24 day of May, 2023.
In consideration of an additional fee, the Director may allow User a longer period for setup
and dismantle, should User require additional time. Any equipment or stage props left in the
Facility after the expiration of the time allowed for dismantle shall be disposed of by the City at
User's sole cost without any right of claim by the User, or at the City's option, may be stored at
User's cost.
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4. USE RATE:
(a) Basic Use Rate: In consideration of the use of the Facility as described above,
User agrees to pay to the City the sum of $420.00 per Event, plus the sum of $210.00 per non event
day rehearsal, and $105.00 per on event day rehearsal, plus $NIA per hour (N/A) on additional
time for setup and dismantle ("Basic Use Rate") with a total amount due of $1,150.00, to be paid
no later than April 24, 2023. The Basic Use Rate includes normal janitorial service, house lights
for ordinary use and air conditioning during the Event hours only, in addition to the items listed in
the In House Equipment list attached hereto as Exhibit "C," which by this reference is incorporated
into and made a part of this Agreement. The Basic Use Rate does not include Additional Charges
as defined below.
(b) Theater Staff Charges: Theater personnel are not included under Section 4(a)
"Basic Use Rate" of this Use Agreement. Should the User contract the theater personnel services,
fees for such services shall be charged per theater staff member at a rate of: three hundred dollars
($300,00) for a total of eight (8) hours, including any combination of rehearsal, set-up/tear down,
and event; four hundred fifty dollars ($450.00) for a total of eight (8) hours for a Daily Event,
including any combination of rehearsal, set-up/tear down, and event; one hundred dollars
($100.00) for a total of four (4) hours for each additional rehearsal; any additional time required
beyond eight (8) hours and/or four (4) hours for additional rehearsals, the User shall be charged a
rate of forty dollars ($40.00) an hour per theater staff personnel. A sub total amount due of one
thousand two hundred dollars ($1,200.00) plus forty dollars ($40.00) per hour/per theater staff
member (N/A hours) for a total amount due of $1,200.00 (Including Rehearsals), to be paid no
later than April 24, 2023.
Should the User not use the City's theater staff, one (l) theater staff member will be
scheduled to oversee operations at no charge to the User for a maximum of eight (8) hours. Any
additional time beyond the initial eight (8) hours, the User shall be charged a rate of forty dollars
($40.00) an hour for the theater staff member, For any Filming event, one (I) theater staff member
will be scheduled to oversee operations at a rate of two hundred dollars ($200.00) per event for a
total of eight (8) hours; any additional staff time required beyond eight (8) hours, the User shall
be charged a rate of forty dollars ($40.00) an hour per theater_staff member. If the Auditorium
Manager determines that it is in the best interest of the City to require a second theater staff member
be present for the event, the User shall be charged a fee of three hundred dollars ($300.00) for the
initial eight (8) hours; any additional time required beyond eight (8) hours, the User shall be
charged a rate of forty dollars ($40.00) an hour per staff member. A sub total amount due of $NIA
plus forty ($40.00) per hour/per technician (N/A hours) for a total amount due of $N/A, to be paid
no later than NIA,
(c) Additional Charges: User shall be responsible for the staffing of all Events
and shall pay for all supplies or other services, needed or provided in connection with the use of
the Facility and/or the presentation of an Event as listed in the Additional Charges Form in the In
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House Equipment List included as Exhibit "C" (all such costs and expenses being referred to herein
as "Additional Charges"). Payment of Additional Charges not previously agreed to prior to the
Event, shall be made within five (5) business days following the occurrence of the Event giving
rise to such payment.
(d) Payment of Use Fee: All payments from User to the City shall be by
cashier's or certified cheek drawn on a local bank. Failure to pay any portion of the Use Fee within
five (5) days from the date the same is due shall result in the immediate termination of this
Agreement and may result in the forfeiture of the deposit as described in Section 5 below.
5. DEPOSIT: Upon execution of this Agreement, and as a condition to its effectiveness,
User shall deliver to the City a deposit, in the amount of two hundred & five dollars ($205.00) (the
"Deposit"), to be held by the City throughout the Term. The Deposit shall secure User's
performance under this Agreement and full payment of all amounts clue hereunder, including the
cost of any damage repairs, replacement or restoration, payment of any Additional Charges, or to
defray any other unusual but reasonable expense borne by the City as a consequence of User's use
of the Facilities hereunder and/or presentation of an Event. The City shall return the Deposit, or
the unexpended portion thereof, to the User upon full satisfaction of all of User's obligations
hereunder.
6. ATTENDANCE: User understands that the maximum attendance at any one event is
nine hundred (900) persons and that User shall not print more than eight hundred and forty one
(841) tickets per Event.
7. EVENT PERSONNEL, UTILITIES AND SUPPLIES: Except as specifically
provided herein, User shall be responsible for all staffing in connection with the use of the Facility
and/or the presentation of an Event which includes ticket sellers, ticket takers, ushering staff,
stagehands, spotlight operators, etc. Additionally, User understands and agrees that it shall only
utilize the services of sound and/or lighting technicians who have been approved by the City to
operate the Facility's sound and/or lighting equipment. If the Auditorium Manager determines
that it is in the best interest of the City to require additional staffing to be present for an Event, the
User shall be charged the fees as defined in Section 4 of this Agreement for the additional
personnel.
8. CONDITION OF FACILITY/REMOVAL OF USER'S EFFECTS:
(a) User has inspected the Facility and accepts it in "as -is" condition. User agrees to
tear down and remove all of User's effects immediately after the presentation of an Event and/or
expiration of the Term. User shall not permit the Facility to suffer any damage or disrepair.
(h) User shall not construct or erect any fixtures within the Facility without the
Auditorium Manager's prior written approval, which may be withheld in the Auditorium
Manager's sole discretion and subject to any restrictions and conditions as may be prescribed by
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the City, including but not limited to requirements imposed by the City's Risk Department and
Building Department, as applicable.
(c) At the conclusion of each Event, and upon expiration of the Term, User agrees to
surrender the Facility to the City properly cleaned and in the same condition existing upon User's
acceptance. If the Facility is not properly cleaned to the City's satisfaction, then the City shall
have the right to invoice the User for such additional cleaning. The cost of additional cleaning, as
well as the cost of damage repairs, or any repairs necessitated as a result of the use of the Facility
by User, shall be deducted from the Deposit. User shall pay any deficiency upon demand.
(d) User shall not be permitted to remove the piano from the stage under any
circumstances, Additionally, the removal of lights from their original setting is prohibited.
Changing of the original positioning or focusing of the lighting equipment or reprogramming of
the lighting computer can only be done with the City's prior written approval and supervision. If
any such changes are made with City's permission, User shall pay for any technical labor involved
in returning the equipment to its original standard design. Any violation of this section may result
in the immediate termination of this Agreement and will subject User to liability for all damages
arising from, or in connection with, said violation.
(e) The City shall have the right to enter upon the Facility at any time during the Use
Period or the Term, as it deems necessary.
9. AUDIT AND INSPECTION RIGHTS: The City may, at reasonable times, and for a
period of up to three (3) years following the expiration of the Term, audit, or cause to be audited,
those books and records of User which are related to this Agreement. User agrees to maintain all
such books and records at its principal place of business for a period of three (3) years after
expiration of the Term.
10. PUBLIC RECORDS: User understands that the public shall have access, at all
reasonable times, to all documents and information pertaining to City contracts, subject to the
provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public
to all documents subject to disclosure under applicable law. User's failure or refusal to comply
with the provisions of this section shall result in the immediate termination of this Agreement by
the City.
11. COMPLIANCE WITH APPLICABLE LAWS AND RULES AND REGULATIONS:
User agrees to obtain all required licenses and permits and to abide by and comply with all
applicable federal, state, and local laws, rules, regulations, codes and ordinances in the use of the
Facility and/or presentation of an Event. By execution of this Agreement, User acknowledges that
it has received and fully understands the "Rules and Regulations for Use of City of Miami
Municipal Facilities" which has been furnished to User prior to the execution hereof. User hereby
represents and warrants to the City that User shall abide by each, and shall not permit the violation
of any, rule and regulation set out therein.
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12. MUTUAL INDEMNIFICATION AND HOLD HARMLESS: To the extent
permitted by Section 768.28, Florida Statutes, and any other applicable Florida law, and without
waiving their respective rights of sovereign immunity, the City and the User shall each indemnify
and hold harmless the other, and their respective officers, employees, agents, and instrumentalities
from any and all liabilities, losses, or damages, which the City or User, or their respective officers,
employees, agents, or instrumentalities may incur as a result of claims, demands, suits, causes of
actions, or proceedings of any kind or nature arising out of, relating to, or resulting from the
negligent or intentional acts or omissions of the City or User, or their respective officers,
employees, agents, or instrumentalities arising out of, relating to, or resulting from the parties'
respective obligations and performance under this Agreement. No party to this Agreement shall
seek or obtain attorney's fees or costs for the defense of claims arising out of, relating to or resulting
from the negligent or intentional acts or omissions of the City or User, or their respective officers,
employees, agents, or instrumentalities arising out of, relating to, or resulting from the performance
of this Agreement. Nothing in this Agreement is intended to waive the sovereign immunity beyond
the limitations set forth in Section 768.28, Florida Statutes for either party.
13. RISK OF LOSS: User understands and agrees that the City shall not be liable for any
loss, injury or damage to any personal property or equipment brought into the Facility by User or
by anyone whomsoever, during the time that the Facility is under the control af, or occupied by
the User. All personal property placed or moved in the Facility shall be at the risk of User or the
owner thereof. User further agrees that it shall be responsible to provide security whenever
personal property either owned or used by the User, its employees, agents or subcontractors is
placed in the Facility, including any property or equipment necessary for set-up and dismantle,
whether or not the Facility is open to the general public.
14. INSURANCE: Insurance is required for all Events based on the terms of "Exhibit
A" attached hereto and made part of this Agreement. In the event that attendance exceeds the
number on which the fee paid by the User has been computed, the User shall be obligated to pay
the difference within 48 hours of the conclusion of the event. User understands that not all events
are eligible under the "TULIP Class One Events" of "Exhibit A", and such coverage is subject to
terms, conditions and exclusions. The User has the right to purchase insurance coverage for this
event, and in doing so, agrees to provide the City with a certificate of insurance in accordance with
"Exhibit B", The City reserves the right to solicit from the user copies of any and all insurance
policies and corresponding endorsements in connection with this Agreement. In lieu of the above,
User may submit evidence of an ongoing self-insurance program subject to the limitations
contained in Florida Statutes Section 768.28.
15. DEFAULT: If User fails to comply with any term(s) or condition(s) of this Agreement,
or fails to perform any of its obligations hereunder, then User shall be in default. Upon the
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occurrence of a default hereunder, the City, in addition to all remedies available to it by law, may
by notice to User, terminate this Agreement whereupon all deposits, payments, advances, or other
compensation paid by the User to the City shall be retained by the City. Notwithstanding any
other provision herein, or any rule or regulation providing otherwise if the User cancels the
event within fourteen (14) days or less from the commencement of the Use Period this shall
be a default by the User who shall automatically forfeit and owe the entire Basic Use Rate as
defined by §4 (a) herein. The Basic Use Rate shall be immediately due and owing to the City,
not as a penalty but as liquidated damages, insofar as the parties cannot ascertain the losses
the City will suffer from the inability to allow another User to use the facility during this
Use Period. The User shall have no recourse against the City due to the User's cancellation
of the event within fourteen (14) days or less preceding the Use Period. The User shall be
liable to pay interest at the rate of twelve percent (12%) per annum for the principal involved
in the Basic Use Rate until it is paid in full. The forfeiture of the Basic Use Rate shall not
apply if the cancellation occurs due to an Act of God (e.g. hurricane, tornado).
16. CITY'S TERMINATION RIGHTS:
(a) Termination for Convenience: The City shall have the right to terminate this
Agreement for convenience, in its sole discretion, upon a thirty (30) day prior written notice to
User. Additionally, the City shall have the right to cancel the presentation of an Event, at any time
if, in the exercise of its reasonable discretion, the City determines that the presentation of such
Event, at the scheduled time, is not in the best interest of the City due to circumstances beyond the
City's reasonable control.
(b) Termination for Cause: The City shall have the right to terminate this
Agreement, without notice or liability to User, upon the occurrence of an event of default.
(c) Other Termination Rights: The City shall have the right to terminate this
Agreement in the event that the Facility is sold, is condemned, or in the event of its damage due to
fire, windstorm, catastrophe or other act of God, and the City decides, in its sole discretion, not to
repair or rebuild.
(d) Force Maieure: 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),
war, invasion, act of foreign enemies, events in foreign countries that affect the City and its
citizens, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection,
riots, street celebrations or protests, military or usurped power or confiscation, terrorists activities,
nationalization, government sanctions or restrictions, blockage, embargo, labor dispute, strike,
lockout or interruption, or the failure of services such as electricity or telephone.
(e) Return of the Deposit: Except where this Agreement is terminated for cause,
User shall be entitled to a refund of the Deposit, or so much thereof as has not been applied, upon
termination of the Agreement, after satisfaction of all amounts due by User hereunder, if any.
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17. NONDISCRIMINATION: User represents and warrants to the City that User does not
and will not engage in discriminatory practices and that there shall be no discrimination in
connection with User's use of the Facility or presentation of the Event on account of race, color,
sex, religion, age, handicap, marital status or national origin. User further covenants that no
individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status
or national origin, be excluded from participation in, be denied services, or be subject to
discrimination in connection with the use of the Facility under this Agreement.
18. ASSIGNMENT: This Agreement may not be assigned by User, in whole or in part,
without the prior written consent of the City, which may be withheld, or conditioned, in the City's
sole discretion.
19. NOTICES: All notices or other communications required under this Agreement shall
be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return
receipt requested, addressed to the other party at the address indicated herein or to such other
address as a party may designate by giving notice in the manner herein provided. Notice shall be
deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being
posted or the date of actual receipt, whichever is earlier.
TO USER:
Evie Mayor, Principal
South Miami K-8 Center
6800 SW 60th Street
Miami, FL 33143
WITH COPY TO:
Jose L. Mires, Superintendent,
The School Board of Miami -Dade County
1450 NE Second Avenue. Suite 912
Miami, FL 33132
Walter Harvey
General Counsel
TO THE CITY:
Art Noriega
City Manager
444 SW 2"d Avenue, 101h Floor
Miami, FL 33130
Victoria Mendez
City Attorney
444 SW 2"d Avenue, 9th Floor
Miami, FL 33130
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1450 NE Second Avenue, Suite 430
Miami, FL 33132
20. MISCELLANEOUS PROVISIONS:
(a) User shall provide to the Director twenty (20) promotional tickets for each paid
event, for the purpose of promoting the Facility.
(b) This Agreement shall be construed and enforced according to the laws of the State
of Florida and each party shall be responsible for its own attorney's fees. Venue for the resolution
of any disputes, including litigation, shall be in Miami -Dade County, Florida,
(c) Title and paragraph headings are for convenient reference and are not a part of this
Agreement.
(d) No waiver or breach of any provision of this Agreement shall constitute a waiver
of any subsequent breach of the same or any other provision hereof, and no waiver shall be
effective unless made in writing.
(e) Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida or the City of Miami, such provision,
paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to
conform with such laws, or if not modifiable, then same shall be deemed severable, and in either
event, the remaining terms and provisions of this Agreement shall remain unmodified and in full
force and effect or limitation of its use.
(f) This Agreement constitutes the sole and entire agreement between the parties
hereto. No modification or amendment hereto shall be valid unless in writing and executed by
property authorized representatives of the parties hereto.
(g) User is aware of the conflict of interest laws of the City of Miami (Code of the City
of Miami, Florida, as amended, Chapter 2, Article V) and agrees that it will fully comply in all
respects with the terms of said laws.
21. ENTIRE AGREEMENT: This instrument, together with its attachments and all other
instruments incorporated herein by reference constitute the sole and only agreement of the parties
hereto relating to the use of the Facilities. Any prior agreements, promises, negotiations, or
representations not expressly set forth in this Agreement are of no force or effect.
22. COUNTERPARTS: This Agreement may be executed in 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
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providing an electronic signature agrees to promptly execute and deliver to the other parties an
original signed Agreement upon request.
23. INSPECTIONS: The User will allow City inspectors, agents or representatives the ability
to monitor its compliance with safety precautions as required by federal, state or local laws, rules,
regulations and ordinances. By performing these inspections, the City, its agents, or
representatives are not assuming any liability by virtue of these laws, rules, regulations, and
ordinances. The User shall have no recourse against the City, its agents, or representatives from
the occurrence, nonoccurrence, or result of such inspection(s).
24. AMERICANS WITH DISABILITIES ACT: User shall affirmatively comply with all
applicable provisions of the Americans with Disabilities Act ("ADA") in the course of providing
any work, labor or services funded by the City including Titles I and II of the ADA ( regarding
nondiscrimination on the basis of disability) and all applicable regulations, guidelines and
standards. Additionally, User shall take affirmative steps to ensure nondiscrimination in
employment of disabled persons.
25. COMPLIANCE WITH LAWS: User accepts this Agreement and hereby acknowledges
that User's strict compliance with all applicable federal, state and local laws, ordinances and
regulations is a condition of this Agreement, and User, and any of its employees, agents or
performers, shall comply therewith as the same presently exist and as they may be amended
hereafter. This Agreement shall be construed and enforced according to the laws of the State of
Florida.
Further, the User, and any of its employees, agents or performers, hereby agrees to comply
with all regulations regarding travel to and from the United States as promulgated by the U.S.
Department of Treasury, Office of Foreign Assets Control ("OFAC") and the U.S. Department of
State.
Violation of any federal, state and local law shall subject the User to immediate
cancellation of this Agreement.
26. RELEASE OF THEATER USE OF MATERIALS:
For good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, User hereby grants to theater and the City of Miami, and its licensees, designees
and assigns, a non-exclusive license to use, for any reason and via any medium, any and all
materials described herein, as collected by Theater or the City of Miami before, during, or after
the Event (collectively, the "Materials") in accordance with the terms of this Agreement. The
license granted hereunder includes the perpetual, worldwide right to photograph, edit, telecast,
rerun, reproduce, use, syndicate, license, print, distribute, and otherwise exploit the Materials, or
any portion thereof, as incorporated in any version of Event or rehearsal thereof, in whole or in
part, in any manner and in any media, whether now known or hereafter devised, and for the
promotion of the Event.
10
DocuSign Envelope ID: FCCB2F1 B-AA17-4680-BCAF-4BCEF25EF681
27. CHALLENGE OF EVENT DATE (S):
Another potential user may challenge an existing reservation for an Event ("Challenger"), in
writing to the Theater, when the first User with such existing reservation has paid the associated
deposit but the contract for such event has not yet been fully executed ("Challenge"). In this event,
the Challenger shall furnish a challenge payment of seven hundred forty nine dollars ($749.00) per
day the first User has an existing reservation, in addition to the total amount due to Theater for the
Challenger's proposed event, inclusive of all associated rehearsals, Additional Fees, etc.
("Challenge Payment"), to be retained by Theater. Simultaneously, User with an existing
reservation has no later than two (2) weeks from the date of the Challenge to return an executed
contract with prepayment in full for the Event. If these two (2) weeks pass without the first User
executing the contract and tendering payment in full for the Event, the Challenger shall be entitled
to such reservation and the Theater shall keep such prepayment in full. In the event that the first
User submits the executed contract and payment in full for the Event, the Challenge Payment shall
be returned in full to the Challenger.
28. COVID-19 PROTOCOLS:
User hereby acknowledges and confirms its commitment to holding the Event in a safe and
hygienic manner and User shall take reasonable measures to protect its staff, agents, invitees and
others from the spread of COVID-19 and other infections and diseases. User shall implement its
own safety protocols and utilize measures during the entire Term for the safe and hygienic
preparation, operation, and dismantling of the Event. Additionally, User has executed the attached
Release included as Exhibit "D" in furtherance of User's commitment to combat the spread of
COVID-19. Notwithstanding any language contained in this Agreement to the contrary, the City
expressly retains all rights and benefits of sovereign immunity in accordance with Section 768.28,
Florida Statutes (2022). Nothing in this Agreement shall be deemed as a waiver of sovereign
immunity or as increasing the City's liability beyond any statutory limitation of liability.
DocuSign Envelope ID: FCCB2F1 B-AA17-4680-BCAF-4BCEF25EF681
29. AUTHORITY TO EXECUTE:
The below signatory represents and warrants that it has full authority to enter into, deliver, and
perform under this Agreement, and that all acts and actions have been taken to grant such authority,
and that no third -party consent, which has not already been obtained, is required. User further
represents and warrants that the below signatory is authorized to execute this Agreement on its
behalf.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
by their respective officials thereunto duly authorized, this the day and year above written.
"USER"
The School Board of Miami -Dade County, Florida,
by and through South Miami K-8 Center, a political
subdivision of the State of Florida.
By: By:
Print Name: Print Name:
Title: Corporate Secretary Title: President
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
by
Personally Known OR Produced Identification
Type of Identification Produced
(NOTARY SEAL)
20_,
NOTARY PUBLIC — STATE OF FLORIDA
Print Name:
Commission No.:
12
DocuSign Envelope ID: FCCB2F1 B-AA17-4680-BCAF-4BCEF25EF681
OFFICE OF SCHOOL LEADERSHIP & PERFORMANCE
1450 NE 2nd Avenue, Suite 805, Miami, Florida 33132
Ph: (305) 995-1945
Fax: (305) 523-0673
PROFESSIONAL SERVICES CONTRACT FOR:
MANUEL ARTIME PERFORMING ARTS CENTER
@SOUTH MIAMI K-8 CENTER
May 23-24, 2023
1. --4,,QI 0
I AL&D 1
2. 3 1'M
c'INP JTIAL & DATE
3.
Digitally signed by Elizabeth L. Soto
Location: Office of Risk and Benefits
Management
Date: 2023.04.0414:31:37-04'00'
INITIAL & DATE
4. L 4/6/2023
5.
6.
7.
MS. EVIE MAYOR, Principal
(Charge Location Administrator)
5241 -- South Miami K-8 Center
DR. MICHAEL A. LEWIS (or Designee)
Region Superintendent
9574 — Central Region
MS. ELIZABETH L. SOTO
Risk Compliance Coordinator
9112 — Risk & Benefits Management
MS. CHARISMA H. MONTFORT
Chief Procurement Officer
9171 — Procurement Management Services
INITIAL & DATE CP5640 PROCUREMENT USE ONLY
ASSOCIATE GENERAL COUNSEL
4/12/23 9014 — Office of The General Counsel
I;' TIAL & DATE
Linda Arnica -Roberts, Ph. D, on behalf of:
DR. JOHN D. PACE, III (or Designee)
Deputy Superintendent
4/4/2023 9714 — Office of School Leadership and Performance
INITIAL & DATE
DR. JOSE L. DOTRES (or Designee)
Superintendent of Schools
For any clarifications/questions/concerns, please contact:
Type Your Name and Name of School
,type your email address — type your phone number
11
DocuSign Envelope ID: FCCB2F1 B-AA17-4680-BCAF-4BCEF25EF681
Evic
Charge Lo$af(on
gnature Date
SUBMITTED BY:
Admi Water Si
�,4r
&AM/ D Su erintendent/Divisio ead
Regional pSignature
3/29/23
Office of Grants Administration Signature Date
(If applicable)
NOTE: Signature of Assistant Superintendent for the Office of
Intergovernmental Affairs and Grants Administration required
ONLY for contracts financed from Contracted Programs
Funds (Part IV).
APPROVED AS TO RISK AND (BENEFITS
(as to the School Board):
Digitally signed by Elizabeth L. Soto
Location:Office of Risk and Benefits
Management
Date:2023.04.04 14:32.03-04'00'
Risk Management
Signature Date
PROCUREMENT MANAGEMENT SERVICE
APPROVED AS TO PROCUREMENT AUTHORITY
(as to the School Board):
4/6/2023
Procurement Management Signature Date
CP5640 PROCUREMENT USE ONLY
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
with waiver. (as to the School Board):
John lafelice f)0 4/12/23
General Counsel SignaturW Date
THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA
BY:
Jose Bueno
Designee
(Name Typed)
Date: Viol totA
DocuSign Envelope ID: FCCB2F1 B-AA17-4680-BCAF-4BCEF25EF681
ATTEST:
By:
DocuSigned by:
7&&o eF-1-45,9
DocuSigned byQITY OF MIAMI, a municipal corporation
Of the State of Florida
TODD B. HANNON
City Clerk
May 25, 2023 1 22:28:09 EDT
By:
ADocuSignedLby:
!`" Poriev,
850CF6C372DD42A...
ARTHUR NORIEGA V.
City Manager
May_25, 2023 1 08:45:15 EDT
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
REQUIREMENTS:
CORRECTNESS:
,—DocuSigned by:
—F1 FFaoGEEEFn/t
VICTORIA MENDEZ
City Attorney
May 22, 2023 1 13:22:00 EDT
L!'1DocYbt;6'3uSigned by:
2(it wv
214E7...
ANN-MARIE SHA1$RPE, Director
Division of Risk Management
May 3, 2023 1 11:54:01 EDT
DocuSign Envelope ID: FCCB2F1 B-AA17-4680-BCAF-4BCEF25EF681
"EXHIBIT B"
INSURANCE REQUIREMENTS- SPECIAL EVENTS INSURANCE
I. Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $ 2,000,000
Personal and Adv. Injury $ 1,000,000
Products/Completed Operations $ 1,000,000
B. Endorsements Required
City of Miami included as an additional insured (Endorsement is required)
Primary Insurance Clause
Contingent and Contractual liability
Premises and Operations Liability
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
17
DocuSign Envelope ID: FCCB2F1 B-AA17-4680-BCAF-4BCEF25EF681
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:
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 for certificates of
insurance are subject to review and verification by Risk Management prior to insurance
approval.
"EXHIBIT C"
In House Equipment*
Sound System
Control: 1 Allen & Heath — ML3000-32 System
Cassette Player
1 Numark Dual CD Player
Speakers: 2 Sound Physics Labs-TD 1 sub Dual 12" subwoofer
3 Sound Physics Labs-TDI 3-way full range loudspeakers
7 Tannoy V-8 8" dual concentric loudspeakers
(balcony & under balcony)
4 Tannoy V-12 12" dual concentric Loudspeakers
(stage monitors)
Accessories:
6 AKG D770 handheld microphones
Light System
5 CYC
2 Comet Follow Spots
17 PAR 64
13 Altam 360Q (6" x 9")
20 Altam 360Q (6" x 12")
22 Altman 360 Q (6" x 16")
* Not all equipment may be available on the date of the event,
18
DocuSign Envelope ID: FCCB2F1 B-AA17-4680-BCAF-4BCEF25EF681
Cost Unit
$
Profit 2 Hours or Tess 420.00
Units
I 1
Total
$ 420.00
Rehearsal
Cost Unit
Units Total
$
non event date after 5pm 210.00
2
$ 420,00
Non event date before 5pm 105.00
2
$ 210.00
$
Rehearsal Cleaning
50.00
2
$ 100.00
$
Theater Rental Subtotal
1,050.00
Tax 7%
$
Theater Rental Total
1,150.00
In -House sound or light technician
Cost Unit Units Total
$
Light 300.00
1
$ 300.00
$
Sound 300.00
1
$ 300.00
$
Rehearsal 4 hrs or less Techl 100.00
3
$ 300.00
$
Rehearsal 4 hrs or less Tech2 100.00
3
$ 300.00
$
Total Techs
1,200,00
Extra Equipment
Cost Unit
Units Total
$
Wireless Mlc(Max2) 50.00
2
$ 100.00
$
Levellers (Max2) 50.00
1
$ 50,00
$
Front Projector 400.00
1
$ 400.00
$
Mini Plaza / Event
52.50
1
$ 52,50
Total
$ 602.50
Additional
Expenses
Description
Cost Unit
Units
Total
$
Cleaning Crew Event
120.00
1
$ 120.00
$
Theater Cleaning
301.00
1
$ 301.00
Extras
$ 421,00
$
Total Rental
3,373.50
DocuSign Envelope ID: FCCB2F1 B-AA17-4680-BCAF-4BCEF25EF681
Exhibit "D"
RELEASE OF LIABILITY RELATING TO CORONAVIRUS
I am aware of the novel coronavirus, ("COVID-19"), which has been declared a worldwide pandemic by
the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly
from person -to -person contact. As a result, federal, state, and local governments and federal and state
health agencies recommend physical distancing and have, in many locations, prohibited the congregation
of groups and people.
The City of Miami encourages preventative measures to reduce the spread of COVID-19. The City cannot
guarantee that you, your business, your employees, client, contractors, guests, invitees, or any other person
that may utilize the Facility, will not become infected with COVID-19. Further, attending or hosting any
event in the Facility could increase my risk andfor any attendees of my Event and/or employed by myself
or the company, of contracting COVID-19.
I acknowledge that the circumstances regarding COVID-19 are changing from day to day and much
information regarding COVID-1 9 is still unknown. I fully understand and appreciate both the known and
unknown potential dangers of utilizing the City's Facility. I acknowledge that my use of any City facilities
and services despite the City's reasonable efforts to mitigate such dangers, may result in exposure to
COVID-1 9, which could result in quarantine requirements, serious illness, disability, and/or death. By
signing this release, I acknowledge the contagious nature of COVID-19 and voluntarily release the City
from any liability if I or any invitee, employee, attendee of the Event if exposed to, or infected by, COVID-
19 by utilizing any City facilities or services.
I hereby RELEASE, WAIVE, DISCHARGE, INDEMNIFY, HOLD HARMLESS AND PROMISE
NOT TO SUE the City, any of its employees, agents, representatives, volunteers, or contractors from and
against any and all liability to myself, my employees, my clients, my invitees, and any personal
representatives, assigns, heirs, and next of kin and any claim or demands on account of any property damage
or injury, illness, death of, myself, my child, any personal representatives, assigns, heirs, and next of kin as
a result of exposure to or infection with COVID-19, whether caused by negligence of the City or otherwise.
1 VOLUNTARILY ACCEPT SOLE RESPONSIBILITY FOR ANY INJURY TO MYSELF,
EMPLOYEES, OR ATTENDEES, including, but not limited to, personal injury, disability, death, illness,
damage, loss, claim, liability, or expense of any kind, that may be experienced or incurred in connection
with my Event. On behalf of the School Board of Miami -Dade County, by and through the South Miami
K-$ Center and on behalf of my employees, I understand and agree that this release includes any claims
based on the actions, omissions, or negligence of the City, its employees, agents and representatives,
whether a VID-l9 infection occurs before, during, or after participation in any City program or facility.
Print Name & Title: Evie Mayor, Principal
Date:
c90/)
20
Olivera, Rosemary
From: Santana, Yunior
Sent: Wednesday, May 31, 2023 11:41 AM
To: Hannon, Todd; Lee, Denise; Olivera, Rosemary
Subject: Matter ID 23-579 - Manuel Artime Executed Agreement — 05/24/2023
Attachments: Executed - MAT - ID23-579 - 05242023 - South Miami K-8.pdf
Matter ID 23-579 - Manuel Artime Executed Agreement-05/24/2023
Good morning 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,
MANUEL ARTIME
THEATER
\46exe eve, sea£ 1; the Imx11 era!
Yunior Santana
Theater Manager
Manuel Artime Performing Arts
and Community Center
Direct Line: 305-960-4686
Fax: 305-400-5258
900 SW 1st Street
Miami, FL 33130
Directions
Follow Us (Crt+Click)
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
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1