HomeMy WebLinkAbout23113AGREEMENT INFORMATION
AGREEMENT NUMBER
23113
NAME/TYPE OF AGREEMENT
PRESTIGE DANCE ACADEMY
DESCRIPTION
USE AGREEMENT/MANUEL ARTIME PERFORMING ARTS
CENTER/DANCE/MATTER ID: 18-1296
EFFECTIVE DATE
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
5/17/2018
DATE RECEIVED FROM
ISSUING DEPT.
7/21/2020
NOTE
CITY OF MIAMI
•DOCUMENT ROUTING FORM
ORIGINATING DEPARTMENT: DREAM
DEPT. CONTACT PERSON: Yunior Santana EXT. (305) 960-4686
NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Prestige Dance Academy
IS THIS AGREEMENT AS A RESULT OF A COMPETITIVE -PROCUREMENT PROCESS? ❑ YES
TOTAL CONTRACT AMOUNT: $
FUNDING INVOLVED? ❑ YES ®. NO
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT
❑ PROFESSIONAL SERVICES AGREEMENT
❑,GRANT AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT
❑ LICENSE AGREEMENT
DPI 10
❑ PUBLIC WORKS AGREEMENT
❑ MAINTENANCE AGREEMENT
❑ INTER -LOCAL AGREEMENT
LEASE AGREEMENT
❑ PURCHASE OR SALE AGREEMENT
OTHER: (PLEASE SPECIFY) User Agreement
PURPOSE OF ITEM (BRIEF SUIVIlVIARY) Dance — June 2, 2018
® NO
COMMISSION APPROVAL DATE: / / FILE ID: ENACTMENT NO.:
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: Use. Agreement prepared
by Law Department according to Ordinance #11881 / �L
SFROUTIING INFORMATION N .r.,":.:
Date
a/Prin
APPROVAL BY DEPARTMENTAL DIRECTOR
5 3I Vb
SUBMITTED TO RISK MANAGEMENT
SUBMITTED TO CITY'ATTORNEY
67l 7 4,
APPROVAL BY CHIEF.
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RECEIVED BY CITY MANAGER
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SUBMITTED TO AND ATTESTED BY CITY CLERK
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ONE ORIGINAL TO CITY CLERK, ONE COPY TO CITY
ATTORNEY"S OFFICE, REMAINING ORIGINAL(S) TO
DEPARTMENT
••
PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE
EXECUTION BY THE CITY MANAGER
CITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Yunior Santana, DREAM
Department of Real Estate & Asset Management - COM
FROM: Daniel Diaz, Assistant City Attorney
DATE: May 8, 2018
RE: Prestige Dance Academy, Inc - Manuel Artime - June 2, 2018
Matter ID No.: 18-1296
Enclosed please find the captioned agreement which has been approved by the City
Attorney as to form and correctness. Once this agreement has been fully executed please file one
original agreement with the City Clerk as the official record, please keep one original agreement
as your Department record, and please e-mail a copy of the fully executed agreement to my
assistant at cmfresquet@miamigov.com. We will be closing our file on this matter unless
additional services are requested.
If you have further questions, please feel free to contact me at 305-416-1800.
Enclosure(s)
WHEN RETURNING THIS CONTRACT
TO THIS OFFICE FOR FURTHER
REVIEW, PLEASE IDENTIFY AS
18-1296
Doc. No.: 964967
USE AGREEMENT
MANUEL ARTIME PERFORMING ARTS CENTER
This Agreement is entered into this day of , 2018, by and between the City of
Miami, a municipal corporation of the State of Florida ("City") and Prestige Dance Academy,
Inc., a Florida corporation ("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 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.
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.
(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
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.
• The period for presentation of the Event shall commence at 7:OOpm, on the 2nd day of
June, 2018, and shall terminate at 10:00pm, on the 2nd day of June, 2018.
• The period for rehearsal of the Event shall commence at 6:OOpm, on the day 30th of May,
2018, and shall terminate at 10:OOpm, on the 30th dayof May, 2018.
• Unless otherwise agreed by the Director of the Facility (the "Director"), the set-up period
of event shall commence no earlier than 4:OOpin, on the 2nd day of June, 2018, prior to
the Event period, and dismantle shall begin immediately upon the conclusion of the Event
terminating no later than 11:00pm, on the 2nd day of June, 2018.
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
without any right of claim by the User, or at the City's option, may be stored at User's cost.
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 $682.50 per Event, plus $210.00 per rehearsal;
plus $n/a per hour (N/A) on additional time for setup and dismantle ("Basic Use Rate") :with a
total amount due of $954.98 (Tax Included), to be paid no later than. May 2nd, 2018 -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 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
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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 six hundred dollars ($600.00) plus forty dollars ($40.00) per hour/per theater staff member
(N/A hours) for a total amount due of $ 600.00, to be paid no later than May 2ndh, 2018.
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 schedule 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 $N/A 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, 2018.
(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,
which by this reference is incorporated into and made part of this Agreement (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. Failure to pay any portion of the Use Fee
prior to thirty (30) days from the date of the event shall result in the immediate termination of
this Agreement and shall result in the forfeiture of all deposit funds
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. In
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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.
• The period for presentation of the Event shall commence at 7:OOpm, on the 2nd day of
June, 2018, and shall terminate at 10:00pm, on the 2nd day of June, 2018.
• The period for rehearsal of the Event shall commence at 6:OOpm, on the day 30th of May,
2018, and shall terminate at 10:OOpm, on the 30th dayof May, 2018.
• Unless otherwise agreed by the Director of the Facility (the "Director"), the set-up period
of event shall commence no earlier than 4:OOpin, on the 2nd day of June, 2018, prior to
the Event period, and dismantle shall begin immediately upon the conclusion of the Event
terminating no later than 11:00pm, on the 2nd day of June, 2018.
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
without any right of claim by the User, or at the City's option, may be stored at User's cost.
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 $682.50 per Event, plus $210.00 per rehearsal;
plus $n/a per hour (N/A) on additional time for setup and dismantle ("Basic Use Rate") :with a
total amount due of $954.98 (Tax Included), to be paid no later than. May 2nd, 2018 -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 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
2
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 six hundred dollars ($600.00) plus forty dollars ($40.00) per hour/per theater staff member
(N/A hours) for a total amount due of $ 600.00, to be paid no later than May 2ndh, 2018.
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 schedule 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 $N/A 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, 2018.
(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,
which by this reference is incorporated into and made part of this Agreement (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. Failure to pay any portion of the Use Fee
prior to thirty (30) days from the date of the event shall result in the immediate termination of
this Agreement and shall result in the forfeiture of all deposit funds
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. In
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addition to the event deposit fee of $105.00 to be held by the City as per the terms of this
agreement, User shall also be responsible for a cleaning deposit fee of one hundred dollars
($100.00), to be returned to the User should no additional cleaning services be necessary. Should
said services be necessary, at the sole discretion of Manuel Artime, such will be provided at a
rate of fifty dollars ($50.00) per hour. This section does not include any further fees required as
per the Additional fees section or any other section of this Agreement.
6. ATTENDANCE: User understands that the maximum attendance at any one event is
900 persons and that User shall not print more than 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.
(b) 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.
(c) 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 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.
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(d) The City shall have the right to enter upon the Facility at any time during the Use
Period, 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 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.
12. INDEMNIFICATION: User shall indemnify, covenant not to sue, defend and hold
harmless the City and its officials, employees and agents (collectively referred to as
"Indemnitees"), from and against all loss, costs, penalties, fines, damages, claims, expenses
(including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any
injury to or death of any person or damage to or destruction or loss of any property arising out of,
resulting from, or in connection with (i) the use of the Facility, whether caused directly or
indirectly, in whole or in part (whether joint, concurrent or contributing), by any act, omission,
default, negligence (whether active or passive), recklessness or intentional wrongful misconduct
of any Indemnitees, User or any of users guests, invitees, employees, agents or subcontractors, or
(ii) by the failure of User to comply with any of the provisions herein, specifically User's
obligation to comply with all applicable statutes, ordinances or other regulations or requirements
in connection with the use of the Facility. This indemnification shall survive the term of this
agreement.
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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
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.
User shall be responsible for submitting all necessary insurance documentation, as required by
Manuel Artime and/or the City of Miami Department of Risk Management, no less than thirty
(30) days prior to the Event/Use Date. Failure to do so will result in an automatic termination of
this agreement and 'forfeiture of all deposit funds.
15. DEFAULT: User is responsible for providing a fully signed and notarized agreement to
Manuel Artime no less than thirty (30) days prior to the Event/Use Date, and if User fails to
comply, the event will automatically be cancelled and all deposit funds shall be retained by'
Manuel Artime. 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 than thirty (30) days 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) or less days preceding the Use Period. The
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User shall be liable to pay interest at the rate of twelve (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 corivenience, 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: 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) Cancellations and Return of Deposit: Except where this Agreement is
terminated for cause or cancelled by the User outside of the allowable timeframe(s) as provided
by this Agreement, User shall be entitled to a refund of the Deposit and Cleaning Fee, 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. Should User cancel the event within thirty (30) days of
the Event/Use Date, all deposit funds will be lost. In the event of a refund as per the terms of this
Agreement, all refunds shall be returned to the User within - thirty (30) days of the
cancellation/end of the Event Date, or such reasonable time thereafter as administratively
possible by Manuel Artime
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,
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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: TO THE CITY:
Amy Alvarez Emilio T. Gonzalez
Prestige Dance. Academy, Inc. City Manager
2749 SW 142nd Avenue 444 SW 2nd Avenue, 10th Floor
Miami, FL 33175 Miami, FL 33130
WITH COPY TO:
Victoria Mendez
City Attorney
444 SW 2nd Avenue, Ste. 945
Miami, FL 33130
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.
(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 ta 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.
9
(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 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.
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.
10
Violation of any federal, state and local law shall subject the User to immediate
cancellation of this Agreement.
11
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"
Prestige Dance Academy, Inc.,
a Florida Corporation
By: By:
Print Name: Print Name:
Title: Corporate Secretary Title:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Preside
The foregoing instrument w s acknowledged before me this �-3 day of
by/Jj 4 �Caila��- IY4feL •
Personally Known OR Produced Identification
Type of Identification Produced
4Lv (cZ
(NOTARY SEAL)
20/1
OTARY PUBLIC — STATE OF FLORIDA
Prmt Name: AM ,F eeft1(jl�
Commission No.: fn b '
Commission Expires: 1� ,-2)
ATTEST:
TODD B.TIANNON
City Clerk
APPROVED AS TO FORM AND
CORRECTNE
VICTORIA
City Atto
CITY OF MIAMI, a municipal corporation
Of the State of Florida
T. GONZALEZ
City Manager
APPROVE
REQUI
CE
V-MARIE S • ' ' E, Director
ivision of Ris M. . gement
13
CORPORATE RESOLUTION
WHEREAS, Prestige Dance Academy, Inc. desires to enter into an agreement with the
City of Miami for the purpose of entering into a Use Agreement for the Manuel Artime Theatre
and
WHEREAS, the Board of Directors at a duly held corporate meeting has considered the
matter in accordance with the By -Laws of the corporation;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that the
president, Q�y (�v(,�(Q.� , (or any other person authorized by the Board of
Directors, and plelase state the person's name) is hereby authorized and instructed to enter into a
contract, in the name and on behalf of this corporation, with the City of Miami upon the terms
contained in the proposed contract to which this resolution is attached.
DATED this t ID day of Q r. I , 20 t �.
Corporate Secretary
Print Name
Ch
Print N
(Corporate Seal)
Board of Directors
Lv' �e
14
"EXIIIBIT 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 Ratine Schedule
Daily Attendees
(Spectators/Participants)
A. 1 - 100
B. 101 - 500
C. 501 - 1,500
Daily Attendees
(Spectators/Participants)
A. 1 - 100
B. 101 - 500
C. 501 - 1,500
Fashion Shows
Flowers Shows
Funeral Service
Graduations
Holiday Events & Parties
Home Shows
Jam and Ja77 Concerts — Indoors
Job Fairs - Indoors
Ladies Club Events
Lecturers
Meeting (indoors)
Pageants
Professional and Amateur Association Meetings
Reunions — Indoors
Seances
Seminars
Social Receptions
Speaking Engagements
Story Teller
Symphony Concerts
Teleconferences
Telethons
Voter Registration
A. Total Event Rates (1-4 Days)
Class I
$75.00
100.00
150.00
Class II Class III
$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
$3 00.00
360.00
455.00
* Add 10% to thepremium for each Additional Insured (other than the programs sponsor and venue),
up to a maximum of $1,000.00.
Handling Fee: `$35.00
15
TULIP Class Two Events
Bingo Games
Carnivals — School Events with no mechanical
Christmas Tree Lighting
Clowns — No Motorized Vehicles
Comedians
Concerts — 50's, 60's 70's or 80's Music
Concerts — Blues Music
Concerts — Country Music
Concerts — Folk Music
Concerts — Funk Music
Concerts — Motown
Concerts — Soul Music
Dog, Cat, Bird & Other Domestic Animal Shows/Events
Festivals and Cultural Events — Indoors
Impersonator — Celebrity or Holiday Character
Impressionist
Jugglers (No Pyro)
Magician
Mariachi Band
School Band Competitions or Events
Union Meeting
TULIP Rating Schedule
Daily Attendees
(Spectators/Participants)
A. 1 - 100
B. 101 - 500
C. 501 - 1,500
Daily Attendees
(Spectators/Participants)
A. 1 - 100
B. 101 - 500
C. 501 - 1,500
A. Total Event Rates (1-4 Days)
Class I Class II
$75.00
100.00
150.00
B. Total Event Rates (5 or More Days)
$100.00
135.00
185.00
Class III
$150.00
200.00
310.00
Class I Class II Class III
$95.00 $170.00 $300.00
140.00 215.00 360.00
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
16
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 Ratine 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 II Class III
$75.00 $100.00 $150.00
100.00 135.00 200.00
150.00 185.00 310.00
B. Total Event Rates (5 or More Days)
Class I Class II Class III
$95.00 $170.00 $300.00
140.00 215.00 360.00
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
17
"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
S
City of Miami included as anadditional 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
18
Aggregate $1,000,000
The Department of Risk Management reserves the right to solicit additional coverage or
higher limits of liability as may be applicable.
The above policies shall provide the City of Miami with written notice of cancellation or
material change from the insurer in accordance with policy provisions.
Companies authorized to do business in the State of Florida, with the following qualifications,
shall issue all insurance policies required above:
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.
19
"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-TD1sub Dual 12" subwoofer
3 Sound Physics Labs-TD1 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:
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.,
Instructions
This authorization form for Direct Deposit/ACH Deposit must becompleted and signed
by an authorized representative of the Supplier requesting deposit. You must attach a
copy or original (marked void) of your bank check. To indicate the action requested, and
account type, place a check mark or an "X" to the left of the appropriate choice.
After the form is completed,: signed and the appropriate documents attached, it should be
returned to the Finance Department .of the, City. of Miami, :444. SW 2nd Ave, 6in Floor,
Miami, FL, 33130 or 'Faxed to 305-416-1987 or'emailed to payables@miamigov.com.
Authorization
Thereby authorize and request the City of Miami to initiate creditentries, and if
necessary, debit entries and adjustments for any credit entries in error, to my account at
the financial institution named. This authorization isto remain in effect until withdrawn
by me in writing with sufficient notice to the City to allow adequatetime to effect.
termination.
CITY OF MIAMI SUPPLIER. DIRECT DEPOSIT (ACH) AUTHORIZATION
Supplier Number (if known)
Name of Supplier . .
•
Address
FEIN/TIN/SSN _ r V 3
Phone Number 5310 —`7
Email address •%
Direct Deposit/ACH Action Request (check one):
Start ❑ Change :❑
Checking Account Information
Name of Financial Institution :`
oC. dcadeiyn
Fax Number
Stop ❑
0
Address 1.1600` t NI:CQ.V01.( Ft_ 331+5
Phone Number ` 300
Account Nurriber
Routing Number
Voided Check Attached ❑
Signature Date
Signature above signifies agreement with the terms and conditions on the back of this form
:PRESDAN-01
7- EINBERt
CERTIFICATE OF LIABILITY INSURANCE
, _ • „
ftliiORTAhT:. if the cdtfilk*InitIderts an AbbiTIONAL-INSURED,:the policy(ied) rritiSt 406:ADDITIONAL INSURED provisionsOr enclOrsid.,,,
If, SUBROGATION IS iiivAIV611',. subject to the terms and conditions of the poficki.CertainPOliciesmay:require an endOrSaiiient., Aitatement on
. .
itiis.certifidatedcieS not confer rightslo the eerthldate holder in lieu of such endorsentent(s).
fE (MNI/PRATYY)
64/27/2618
'THIS CERTIFICATE IS: ISSUED AS A :MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS:UPONTHE CERTIFICATE HOLDER. THIS
CERTIFICATE- DOES, NOT AFFIRMATIVELY OR NEGATIVELY ANIENC); EkTEND. OR. ALTER 'THE COVERAdE AFFORDED Ey THE POLIPIES.
SELOVil. THIS CERTIFICATE ,OF INSURANCE DOES_ NOT CONSTITUTE A CONTRACT BETWEEN THE ittuiNoiNSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER AND THEcpF:TiFpATEHOLDER.
•
— •
PRODUCER License #1004577. "
Seernan Heitifiroperty,thd Casualty,Ino.
301 Yaniata Rel.;Sulte 2260
Boca Ralcin;-FL:pp4pi
. .
•stinte,
Prestige Dance Academy, inc
14740 SW 26thSSL Ste 204
Miami, FL 33185
ismcr Jason Welo4Org
PHONE FAX
WC, No, (AIC,
-girDAFIb5,4WEINagRGOSUIVIANHOLTZPC,COM
INSURER(S) AFFORDING COVERAGE
INSURER A Cotifitighin OpecialiV insiaran6e
INSURER :
INSURER C I
DISURERD :
INSURER E
INSURER F :
iFAIdu
•
'COVERAGES
CE
_ __ ........._ ... ,
ThIS IS:TO 'CERTIFY THAT THE POLICIES OF S'INSURANCE LISTED BELOW HAVE BEEN 'ISSUED TO THE INSURED NAMED -ABOVE FOR nEPOLIOY'RERIOD,
INDICATED. ..NOTWITHSTANCINO' ANY REQUIREMENT, 'TERM, OR' CONDITION OF ANy-.ppNIRApi-pR oTHER.DOCUI*NTWTH RESPECTT.O.WHICH THIS.
• CERTIFICATE -MAY, BE ISSUED OR MAY PERTAIN THE BY THE POLIC ES DESCRIBED :HEREIN IS SUBJECT To ALLTE-JETERMS,
ExctuSIONSAND.CONDITIoNS.OF'SUCIfFOLICIES. LIMITS SHOWN MAY HAVE BEEN' REDUCED. py PAID CLAIMS,
• . .
INSR . .
4.713 TYPEOF INSURANCE . '
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4Eiiscit4AL. &AM/ INJURY
.$ . 1,00914?9 0
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AGGREGATE LIMITAOLIES PER:
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j$ 2,900,000
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E.L.-DISEASE ,- EAEMPLOY
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Yet•:deseribduhile'r , ..
DESCRIPTION OF OPERATIONS below
E.L OtSEASE-POLICYtIMIT
. ,
.,.. . „, ....... . , . .. .
DESCRIPTION OF OPERATIONS / LOCATIONS i.YEHICLES.,(ACORD i 01; Additional liemarisSchtidtle,)thaii.be attached u more space Is r•fmtiredi . . .
Cert:ficate Holder Is Listed as an AdditionatInturert 04:it:relates:to 'General Liablity with respect to the operations of the named e s Primary
and Non:ContribittOrk.-
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CERTIFICATE HOLDER
CANCELLATION
;City of MianiViViatipelArtimetheater
444 SW 2rIetAVO,
Nijainii-003130
ACH:H3, gs (2016/03)
SHOULD ANY OF THE 'ABOVE DESCRIBEOPOUcIEB:BEOAHOELLED BEFORE
THE- EXPIRATION DATE , THEREOF, , NOTICE WILL BE, DELIVERED IN
'ACCORDANCE WITH THETOL1OV FROVIsIONS.,
Atnliongeo REPRESENTA71V6'
1988-015 ACORD *CORPORATION. All rights reserved.
The ACORD n Oie„ end. loge are registered marks 01 ACORD