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Home My WebLink About24758AGREEMENT INFORMATION AGREEMENT NUMBER 24758 NAME/TYPE OF AGREEMENT SOUTH MIAMI K-8 CENTER DESCRIPTION USE AGREEMENT/MANUEL ARTIME PERFORMING ARTS CENTER/RECITAL/MATTER ID: 23-2437 EFFECTIVE DATE ATTESTED BY TODD B. HANNON ATTESTED DATE 1/9/2024 DATE RECEIVED FROM ISSUING DEPT. 1/12/2024 NOTE DOCUSIGN AGREEMENT BY EMAIL DocuSign Envelope ID: 036FD633-7A66-4BE3-AD81-EAC4EC9BC119 i�ooav}mulo ia�sa ` fl }t 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 K8 IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ❑ NO TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? ❑ YES ❑ NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) User Agreement PURPOSE OF ITEM (BRIEF SUMMARY): Recital ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT COMMISSION APPROVAL DATE: / / FILE ID: ENACTMENT NO.: IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: This is a theater event which the use is consistent with the function of the facility ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR December 19 , 2023 I 10: 21: PRINT: Andrew Frey 1§Iu ITATURE: DocuSigned LAAd.rv-i q 9AR076F0CF SUBMITTED TO RISK MANAGEMENT December 19 , 2023 I 10: 22 : PRINT: Ann -Marie Sharpe 2C6NFATURE: DocuSigned fi -u5349B495Fz SUBMITTED TO CITY ATTORNEY rs Matter ID#:23-2437 Lt.' January 3, 2024 I 17:15:18 PRINT: Victoria Mendez gK1NNATURE:-ca-"-et_ DocuSigned t \--DF1 APPROVAL BY ASSISTANT CITY MANAGER nuary 8, 024 I 11:28:36 PRINT: Larry Spring MUATURE: EF907nF6 DocuSigned [TAWY11 Sp 69D94 RECEIVED BY CITY MANAGER January 9, 2024 I 09:23:53 PRINT: Arthur Noriega EST SIGNATURE: DocuSigned A�F Norie< \---aSo January 9, 2024 I 17: 33 :10 MINT: Todd Hannon SIGNATURE: PRINT: SIGNATURE: PRINT' SIGNATURE: `—E46D7560DCF145 DocuSigned by: 1) ONE ORIGINAL TO CITY CLERK, �—J C [_os 2) ONE COPY TO CITY ATTORNEY'S OFFICE, 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT 54130... 0457... y: "tln,6� 54D4... a D42A... PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER DocuSign Envelope ID: 036FD633-7A66-4BE3-AD81-EAC4EC9BC119 DocuSign Envelope ID: 036FD633-7A66-4BE3-AD81-EAC4EC9BC119 Miami - giving our students the wand Superintendent of Schools Dr. Jose L. Dotres Yunior Santana Manuel Artime Theater 900 SW 1st Street Miami, FL 33130 l e County Public Schools giving our students the world November 7, 2023 RE: Dance, Drama, and Music Holiday Show Dear Mr. Santana, Miami -Dade County School Board Mari Tere Rojas, Chair Danny Espino, Vice Chair Roberto J. Alonso Lucia Baez -Geller Dr. Dorothy Bendross-Mindingall Mary Blanco Monica Colucci Dr. Steve Gallon III Luisa Santos This letter is written in response to the request to provide a Certificate of Insurance for the use of Manuel Artime Theater by Miami -Dade County Public Schools on December 8, 2023. Please be advised that the School Board of Miami -Dade County, Florida maintains an ongoing self-insurance program for Public Liability, Automobile Liability and Workers' Compensation Insurance covering the School Board's members, officers and employees. We ask that you accept this confirmation of our self-insurance program, subject to the limitations of Florida Statute 768.28, in lieu of submitting a certificate of insurance. If you have any questions, please feel free to contact me at (305) 995-7155. Sincerely, Digitally signed by Elizabeth L. Soto Location: Office of Risk and Benefits Management Date: 2023.11.07 09:03:16 -05'00' Elizabeth L. Soto Risk Compliance Coordinator Office of Risk and Benefits Management 1501 N.E. 2nd Avenue, Suite 335 • Miami, Florida 33132 305-995-7129. 305-995-7170 (FAX) • riskmanagement.dadeschools.net DS DocuSign Envelope ID: 036FD633-7A66-4BE3-AD81-EAC4EC9BC119 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 ("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. 1. 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 Recitals ("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. (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 DocuSign Envelope ID: 036FD633-7A66-4BE3-AD81-EAC4EC9BC119 a license that authorizes User to the temporary use of the Facility for the Iimited 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 shall commence at 7:00pm, on the 8 day of December, 2023, and shall terminate at 9:00pm, on the 8 day of December, 2023. • The period for rehearsal #1 of the Event#1 shall commence at 9:00am, on the 06 day of December, 2023, and shall terminate at 1:00pm, on the 06 day of December, 2023. • The period for rehearsal #2 of the Event#1 shall commence at 2:00pm, on the 06 day of December, 2023, and shall terminate at 6:00pm, on the 06 day of December, 2023. • The period for rehearsal #3 of the Event#1 shall commence at 9:00am, on the 08 day of December, 2023, and shall terminate at 1:00pm, on the 08 day of December, 2023. • The period for rehearsal #4 of the Event#1 shall commence at 2:00pm, on the 08 day of December, 2023, and shall terminate at 6:00pm, on the 08 day of December, 2023. • Unless otherwise agreed by the Director of the Facility (the "Director"), the set-up period shall commence no earlier than 08:30am, on the 08 day of December, 2023, prior to the Event#1 period, and dismantle shall begin immediately upon the conclusion of the Event#1 terminating no later than 10:00pm, on the 08 day of December, 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. DocuSign Envelope ID: 036FD633-7A66-4BE3-AD81-EAC4EC9BC119 4. USE RATE: In consideration of the use of the Facility, User shall pay to the City a use fee in the total amount of three thousand four hundred seventy-one dollars ($3,471.00) ("Use Fee") as further described in Exhibit "C." This amount includes the Basic Use Rate, Theater Staff Charges, and Additional Charges all as further described below. (a) Basic Use Rate: In consideration of the use of the Facility as described above, User agrees to pay to the City the sum of $420.00 per Event, plus the sum of $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 November 8, 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 ("Exhibit C"), which by this reference is incorporate into and made a part of this Agreement. The Basic Use Rate does not include Additional Charges as defined below. (b) Theater Staff Charges: Theater personnel are not included under Section 4(a) "Basic Use Rate" of this Use Agreement. Should the User contract the theater personnel services, fees for such services shall be charged per theater staff member at a rate of three hundred dollars ($300.00) for a total of eight (8) hours, including any combination of rehearsal, set-up/tear down, and event; four hundred fifty dollars ($450.00) for a total of eight (8) hours for a Daily Event, including any combination of rehearsal, set-up/tear down, and event; one hundred dollars ($100.00) for a total of four (4) hours for each additional rehearsal; any additional time required beyond eight (8) hours and/or four (4) hours for additional rehearsals, the User shall be charged a rate of forty dollars ($40.00) an hour per theater staff personnel. A sub total amount due of one thousand two hundred dollars ($1,200.00) plus forty dollars ($40.00) per hour/per theater staff member (NIA hours) for a total amount due of $1,200.00 (Including Rehearsals), to be paid no later than November 8, 2023. Should the User not use the City's theater staff, one (1) theater staff member will be scheduled to oversee operations at no charge to the User for a maximum of eight (8) hours. Any additional time beyond the initial eight (8) hours, the User shall be charged a rate of forty dollars ($40.00) an hour for the theater staff member. For any Filming event, one (1) theater staff member will be scheduled to oversee operations at a rate of two hundred dollars ($200.00) per event for a total of eight (8) hours; any additional staff time required beyond eight (8) hours, the User shall be charged a rate of forty dollars ($40.00) an hour per theater staff member. If the Auditorium Manager determines that it is in the best interest of the City to require a second theater staff member be present for the event, the User shall be charged a fee of three hundred dollars ($300.00) for the initial eight (8) hours; any additional time required beyond eight (8) hours, the User shall be charged a rate of forty dollars ($40.00) an hour per staff member. A sub total amount 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 N/A, (c) Additional Charges: User shall be responsible for the staffing of all Events and shall pay for all supplies or other services, needed or provided in connection with the use of DocuSign Envelope ID: 036FD633-7A66-4BE3-AD81-EAC4EC9BC119 the Facility and/or the presentation of an Event as listed in the Additional Charges Form, which by this reference is incorporated into and made part of this Agreement in the In House Equipment List included as "Exhibit C" (all such costs and expenses being referred to herein as "Additional Charges"). Payment of Additional Charges not previously agreed to prior to the Event, shall be made within five (5) business days following the occurrence of the Event giving rise to such payment. (d) Payment of Use Fee: All payments from User to the City shall be by cashier's or certified check drawn on a local bank. The City may immediately terminate this Agreement and User shall forfeit the Deposit should User fail to pay any portion of the Use Fee within five (5) days from the date the same is due. 5. DEPOSIT: Upon execution of this Agreement, and as a condition to its effectiveness, User shall deliver to the City a deposit, in the amount of two hundred & five dollars ($205.00), to be held by the City throughout the Term. The Deposit shall secure User's performance under this Agreement and full payment of all amounts due hereunder, including the cost of any damage repairs, replacement or restoration, payment of any Additional Charges, or to defray any other unusual but reasonable expense borne by the City as a consequence of User's use of the Facilities hereunder and/or presentation of an Event. The City shall return the Deposit, or the unexpended portion thereof, to the User upon full satisfaction of all of User's obligations hereunder. b. 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. (b) User shall not construct or erect any fixtures within the Facility without the Auditorium Manager's prior written approval, which may be withheld in the Auditorium DocuSign Envelope ID: 036FD633-7A66-4BE3-AD81-EAC4EC9BC119 Manager's sole discretion and subject to any restrictions and conditions as may be prescribed by the City, including but not limited to requirements imposed by the City's Risk Department and Building Department, as applicable. Upon issuance of a notice to proceed the User shall contact the Auditorium Manager and the Risk Management Department at (305) 416-1700 to schedule any necessary inspection(s). (c) At the conclusion of each Event, and upon expiration of the Term, User agrees to surrender the Facility to the City properly cleaned and in the same condition existing upon User's acceptance. If the Facility is not properly cleaned to the City's satisfaction, then the City shall have the right to invoice the User for such additional cleaning. The cost of additional cleaning, as well as the cost of damage repairs, or any repairs necessitated as a result of the use of the Facility by User, shall be deducted from the Deposit. User shall pay any deficiency upon demand. (d) User shall not be permitted to remove the piano from the stage under any circumstances. Additionally, the removal of lights from their original setting is prohibited. Changing of the original positioning or focusing of the lighting equipment or reprogramming of the lighting computer can only be clone 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 Terns, 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 DocuSign Envelope ID: 036FD633-7A66-4BE3-AD81-EAC4EC9BC119 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. 12. MUTUAL INDEMNIFICATION AND HOLD HARMLESS: To the extent permitted by Section 768.28, Florida Statutes, and any other applicable Florida law, and without waiving their respective rights of sovereign immunity, the City and the User shall each indemnify and hold harmless the other, and their respective officers, employees, agents, and instrumentalities from any and all liabilities, losses, or damages, which the City or User, or their respective officers, employees, agents, or instrumentalities may incur as a result of claims, demands, suits, causes of actions, or proceedings of any kind or nature arising out of, relating to, or resulting from the negligent or intentional acts or omissions of the City or User, or their respective officers, employees, agents, or instrumentalities arising out of, relating to, or resulting from the parties' respective obligations and performance under this Agreement. No party to this Agreement shall seek or obtain attorney's fees or costs for the defense of claims arising out of, relating to or resulting from the negligent or intentional acts or omissions of the City or User, or their respective officers, employees, agents, or instrumentalities arising out of, relating to, or resulting from the performance of this Agreement. 13. RISK OF LOSS: User understands and agrees that the City shall not be liable for any loss, injury or damage to any personal property or equipment brought into the Facility by User or by anyone whomsoever, during the time that the Facility is under the control of, or occupied by the User. All personal property placed or moved in the Facility shall be at the risk of User or the owner thereof. User further agrees that it shall be responsible to provide security whenever personal property either owned or used by the User, its employees, agents or subcontractors is placed in the Facility, including any property or equipment necessary for set-up and dismantle, whether or not the Facility is open to the general public. 14. INSURANCE: Insurance is required for all Events based on the terms of "Exhibit 1" 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. DocuSign Envelope ID: 036FD633-7A66-4BE3-AD81-EAC4EC9BC119 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 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 thirty (30) days or less from the commencement of the Use Period this shall be a default by the User who shall automatically forfeit and owe the entire Basic Use Rate as defined by §4 (a) herein. The Basic Use Rate shall be immediately due and owing to the City, not as a penalty but as liquidated damages; insofar as the parties cannot ascertain the losses the City will suffer from the inability to allow another User to use the facility during this Use Period. The User shall have no recourse against the City due to the User's cancellation of the event thirty (30) days or less preceding the Use Period. The User shall be liable to pay interest at the rate of twelve percent (12%) per annum, or the maximum rate permissible by law if less. for the principal involved in the 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 Majeure: 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. DocuSign Envelope ID: 036FD633-7A66-4BE3-AD81-EAC4EC9BC119 (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. 17. NONDISCRIMINATION; User represents and warrants to the City that User does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with User's use of the Facility or presentation of the Event on account of race, color, sex, religion, age, handicap, marital status or national origin. User further covenants that no individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination in connection with the use of the Facility under this Agreement, 18. ASSIGNMENT: This Agreement may not be assigned by User, in whole or in part, without the prior written consent of the City's, which may be withheld, or conditioned, in the City's sole discretion. 19. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by giving notice in the manner herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, 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: Dr. Jose L. Dotres, Superintendent, The School Board of Miami -Dade County 1450 NE Second Avenue, Suite 912 Miami, FL 33132 Walter Harvey School Board Attorney 1450 NE Second Avenue, Suite 430 Miami, FL 33132 TO THE CITY: Arthur Noriega, City Manager 444 SW 2nd Avenue,l0th FIoor Miami, FL 33130 Victoria Mendez City Attorney 444 SW 2nd Avenue, 9th Floor Miami, FL 33130 DocuSign Envelope ID: 036FD633-7A66-4BE3-AD81-EAC4EC9BC119 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. (1) 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. DocuSign Envelope ID: 036FD633-7A66-4BE3-AD81-EAC4EC9BC119 22. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of which shall constitute an original, but all of which, when taken together, shall constitute one and the same agreement. This Agreement may be signed by digital or electronic means and be considered an original as described herein. 23. INSPECTIONS: The User will allow City inspectors, agents or representatives the ability to monitor its compliance with safety precautions as required by federal, state or local laws, rules, regulations and ordinances. By performing these inspections, the City, its agents, or representatives are not assuming any liability by virtue of these laws, rules, regulations, and ordinances. The User shall have no recourse against the City, its agents, or representatives from the occurrence, non-occurrence, or result of such inspection(s). Upon issuance of a notice to precede the User shall contact the Risk Management Department at (305) 416-1700 to schedule the inspection(s). 24. AMERICANS WITH DISABILITIES ACT: User shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act ("ADA") in the course of providing any work, labor or services funded by the City including Titles I and 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, 10 DocuSign Envelope ID: 036FD633-7A66-4BE3-AD81-EAC4EC9BC119 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. 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: 036FD633-7A66-4BE3-AD81-EAC4EC9BC119 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 , 20_, by Personally Known OR Produced Identification Type of Identification Produced (NOTARY SEAL) NOTARY PUBLIC — STATE OF FLORIDA Print Name: Commission No.: Commission Expires: 12 DocuSign Envelope ID: 036FD633-7A66-4BE3-AD81-EAC4EC9BC119 OFFICE OF SCHOOL LEADERSHIP AND PERFORMANCE 1450 NE 211d Avenue, Suite 805, Miami, Florida 33132 Ph: (305) 995-1945 Fax: (305) 523-0673 PROFESSIONAL SERVICES CONTRACT FOR: MANUEL ARTIME PERFORMING ARTS CENTER SOUTH MIAM! K8 CENTER (DECEMBER 2023 SHOWCASE) kil‘,0 \10\1/5 ITIAL & DATE INITIAL &f y r ATE` Digitally signed by Eltmheth L Sots Location: Office of Risk and Benefits Management Date:2023.12.07 14:477:15 zg"nce INITIAL & DATE C1 12/1/2023 INITIAL & DATE 204 c INITIAL & DATE +S i, . 1 4 12/1/2023 INITIAL DATE INITIAL & DATE MS. EVIE MAYOR R Principal 5241 — South Miami K-8 Center DR. MICHAEL A. LEWIS (or DESIGNEE)' Region Superintendent 9574 — Central Region Office MS. ELIZABETH L. SOTO Risk Compliance Coordinator 9112 - Risk/Benefits Managment MS. CHARISMA H. MONTFORT Chief Procurement Officer 9717 — Procurement Management Services John lafelice Assistant School Board Attorney 9014 — General Counsel LINDA AMICA-ROBERTS, Ph. D. on behalf of: DR. JOHN D. PACE, III (or DESIGNEE) Deputy Superintendent 9714 — Office of School Leadership and Performance DR. JOSE L. DOTRES (or DESIGNEE) Superintendent of Schools 9011 — Superintendent's Office For any clarrffcafions/questionslconcerns, please contact initiator: Ms. Oaptinie Saint --Preux Cali: (305) 995-1945 or Email: dsadntoieux(ciaadeschools,net DocuSign Envelope ID: 036FD633-7A66-4BE3-AD81-EAC4EC9BC119 SUBMITTED BY: Evie Mayor PV 2&)1' Charge Location Admintst? for Signstur Date ti egional Superintendent/Divi- on Head Signature Dt N/A Office of Grants Administration Signature Date (if applicable) NOTE: Signature of Assistant Superintendent for the Office of Intergovernmental Affairs and Grants Administration required ONLY for contracts financed from Contracted Programs Funds (Part IV). APPROVED AS TO RISK AND BENEFITS (as to the School Board): Elizabeth L. Soto Risk Management Digitally signed by Elizabeth L Soto Location: Office of Risk and Benefits Management Dale: 262 3.12 0 14:5506.05'90' Signature Date APPROVED AS TO PROCUREMENT AUTHORITY (as to the School Board); C-gt,-.14,vz 12/1/2023 Charisma H. Montfort Procurement Management Signature Date APPROVED AS TO FORM AND LEGAL SUFFICIENCY (as to the School Board): `6v—/Qjle ,0 cy4 iL 12/4/23 neral Counsel j/ .nature Date THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA BY: / Signature r Jose Bueno Designee (Name Typed) Date: / 2- % i Z, 3 DocuSign Envelope ID: 036FD633-7A66-4BE3-AD81-EAC4EC9BC119 ATTEST: By: DocuSigned by: DocuSigned by: CITY OF MIAMI, a municipal corporation Of the State of Florida E46D7560DCF1459... TODD B. HANNON City Clerk January 9, 2024 1 17:33:10 EST APPROVED AS TO FORM AND CORRECTNESS: ,—DocuSigned by: `—F1 EF90AF6FE0457... VICTORIA MENDEZ ram, City Attorney January 3, 2024 1 17:15:18 EST DocuSigned by: A, Pd(1Cva By: 850CF6C372DD42A... ARTHUR NORIEGA V. City Manager January 9, 2024 1 09:23:53 EST APPROVED AS TO INSURANCE REQUIREMENTS: ,—DocuSigned by: ANN-MARIE SHARPE, Director Division of Risk Management December 19, 2023 1 10:22:26 EST DocuSign Envelope ID: 036FD633-7A66-4BE3-AD81-EAC4EC9BC119 "EXHIBIT A" Insurance Fee Schedule TULIP Class One Events Antique Shows Art Festivals and Shows Auctions Award Presentations Ballets or other Classical Dance Shows/Recitals Beauty Pageants Body Building Contests Business Meetings or Shows Chamber of Commerce Events Charity Benefits, Dances, Auctions or Sales Choirs — Indoors Church Services or Meetings Civic Club Meetings Classical Dance Shows Classical Music Concerts - Indoors Concerts — Celtic Music Concerts — Chamber Music Concerts — Holiday Music Concerts — Instrumental Consumer Shows Dance Competitions Dance Recital TULIP Rating Schedule Daily Attendees (SpectatorsfParticipants) A. 1 - 100 B. 101- 500 C. 501 - 1,500 Daily Attendees (Spectators/Participants) A. 1 - I00 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 Class II Class III $75.00 I00.00 150.00 $100.00 135.00 185.00 $150.00 200.00 310.00 B. Total Event Rates (5 or More Days) Class I Class II Class III $95.00 140.00 235.00 $170.00 215.00 355.00 $300.00 360.00 455.00 * Add 10% to the premium for each Additional Insured (other than the programs sponsor and venue), up to a maximum of $1,000.00. Handling Fee: $35.00 14 DocuSign Envelope ID: 036FD633-7A66-4BE3-AD81-EAC4EC9BC119 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 A. Total Event Rates (1-4 Days) Daily Attendees Class I Class II Class III (Spectators/Participants) A. 1 - 100 $75.00 $100.00 $150.00 B. 101 - 500 100.00 135.00 200.00 C. 501 - 1,500 150.00 185.00 310.00 B. Total Event Rates (5 or More Days) Daily Attendees Class I Class II Class ITI (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 15 DocuSign Envelope ID: 036FD633-7A66-4BE3-AD81-EAC4EC9BC119 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 Daily Attendees (Spectators/Participants) A. 1 - 100 B. 101 - 500 C. 501 - 1,500 A. Total Event Rates (1-4 Days) Class I Class BE $75.00 $100.00 100.00 135.00 150.00 185.00 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 16 DocuSign Envelope ID: 036FD633-7A66-4BE3-AD81-EAC4EC9BC119 "EXHIBIT B" INSURANCE REQUIREMENTS- SPECIAL EVENTS INSURANCE Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Personal and Adv. Injury $ 1,000,000 Products/Completed Operations $ 1,000,000 B. Endorsements Required City of Miami included as an additional insured (Endorsement is required) Primary Insurance Clause Contingent and Contractual liability Premises and Operations Liability II. Business Automobile Liability (If Applicable) A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 300,000 B. Endorsements Required City of Miami included as an Additional Insured III. Worker's Compensation (IF APPLICABLE) Limits of Liability Statutory -State of Florida Employer's Liability C. Limits of Liability $100,000 for bodily injury caused by an accident, each accident $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: 036FD633-7A66-4BE3-AD81-EAC4EC9BC119 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 /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. DocuSign Envelope ID: 036FD633-7A66-4BE3-AD81-EAC4EC9BC119 "EXHIBIT C" In House Equipment* Sound System Control: 1 Allen & Heath — ML3000-32 System 1 Cassette Player 1 Numark Dual CD Player Speakers: 2 Sound Physics Labs-TDIsub Dual 12" subwoofer 3 Sound Physics Labs-TD 1 3-way full range loudspeakers 7 Tannoy V-8 8" dual concentric loudspeakers (balcony & under balcony) 4 Tannoy V-12 12" dual concentric Loudspeakers (stage monitors) Accessories: 6 AKG D770 handheld microphones Light System 5 CYC 2 Comet Follow Spots 17 PAR 64 13 Altam 360Q (6" x 9") 20 A1tam 360Q (6" x 12") 22 Altman 360 Q (6" x 16") * Not all equipment may be available on the date of the event. DocuSign Envelope ID: 036FD633-7A66-4BE3-AD81-EAC4EC9BC119 Cost Unit Units Total Profit 2 Hours or Tess 420.00 1 S 420,00 Rehearsal Cost Unit Units Total non event date after 5pm 210.00 2 $ 420.00 on event day 4 hours or less Rehearsal Cleaning 105.00 50.00 2 2 $ 210.00 $ 100.00 Theater Rental Subtotal $ 1,050.00 Tax 7% Tax Exempt 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 Tech1 100.00 3 $ 300.00 Rehearsal 4 hrs or less Tech2 $ 100.00 3 $ 300.00 Total Techs 1,200.00 Extra Equipment Wireless Mic (Max2) Cost Unit 50.00 Units 2 Total $ 100.00 Projector Use in Rehearsal 100.00 2 $ 200.00 Front Projector 400.00 Total $ 400.00 $ 700.00 Additional Expenses Description Cost Unit Units Total Cleaning Crew Event 120.00 $ 120.00 Theater Cleaning 301.00 1 301.00 Extras $ 421.00 Total Rental 3,471.00 DocuSign Envelope ID: 036FD633-7A66-4BE3-AD81-EAC4EC9BC119 a.uenta rM ,,AS Miami -Dade Count Public Schools Superintendent of Schools Dr. Jose L. Dotres General Counsel Walter J. Harvey REQUEST FOR WAIVER OF MINIMUM CONTRACT STANDARDS giving our students the world Mlaml-Dude County School Board Mari Tare Rojas, Chair Danny Espino, Vice Chair Roberto J. Alonso Lucia Baez -Geller Dr, Dorothy Bendross-Mindingail Mary Blanco Monica Colucci Dr, Steve Gallon 11t Luisa Santos TO: Dr. Jose L. Dotres, Superintendent of Schools FROM: John -Phillip Iafelice, Associate General Counsel DATE: March 16, 2023 SUBJECT: The School Board of Miami -Dade County, Florida through School Operations and City of Miami. Manuel Artime Performaing Arts Center. Staff has requested that the School Board enter into the aforementioned contract; however, a legal review of the same has determined that provisions of this contract fall below guidelines delineated in Board Policy 6540 as follows: The standard School Board clause includes: TERMINATION: The School Board can terminate the Agreement, for convenience, upon thirty (30) days written notice. HOLD HARMLESS: The School Board will be held harmless from and against any and all claims or suits arising out of the provisions of the Agreement. INDEMNIFICATION: The School Board will be indemnified against any and all actions, damages, payments or fees arising out of or in connection with the provisions of the Agreement. The Superintendent waives the following deviations: Termination of the Agreement incurs fees. Hold Harmless is mutual in the Agreement. Indemnification is mutual in the Agreement. Contract Pagel¶ Pages 3, 7 Page 6 Page 6 Superintendent/Designee acknowledges and waives the above described issues(s): Itt/t9(Z12 - perintemelentll js'gn Date Internal File No. 23-CD-5252-J13I Jose Bueno Designee Digitally signed by Elizabeth L Solo Location: Office of Risk and Benefits Management Dale: 2021.04.12 07:15:29.04'00' Risk Management Date Office of the General Counsel • School Board Administration Building • 1450 N.E. 2nd Ave. • Suite 430 • Miami, FL 33132 305-995-1304 •305-995-1412 (FAX) • www.dadeschools,net Olivera, Rosemary From: Santana, Yunior Sent: Friday, January 12, 2024 10:31 AM To: Hannon, Todd; Lee, Denise; Olivera, Rosemary Subject: Executed - MAT - ID23-2437 - 12082023 - South Miami K8 Attachments: Executed - MAT - ID23-2437 - 12082023 - South Miami K8.pdf Executed - MAT - ID23-2437 - 12082023 - South Miami K8 Good morning, Todd and congrats on your reappointment. 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 MANUELARTIME THEATER Yunior Santana City of Miami Venues Manager Direct Line: 305-960-4686 Fax: 305-400-5258 900 SW 1st Street Miami, FL 33130 Directions THEATER NHEHE ART IS TIMELESS RENT THE VENUES Follow Us (Crt+Click) l I 1a 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