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HomeMy WebLinkAbout23246AGREEMENT INFORMATION AGREEMENT NUMBER ' 23246 NAME/TYPE OF AGREEMENT UNIVERSITY OF MIAMI INDIAN STUDENTS DESCRIPTION USER AGREEMENT / DANCE- FEBRUARY 29,2020 / MATTER ID:20-427 / #110 EFFECTIVE DATE NO EFFECTIVE DATE ON AGREEMENT ATTESTED BY TODD B. HANNON ATTESTED DATE 3/10/2020 DATE RECEIVED FROM ISSUING DEPT. 8/25/2020 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: Universit of Miami Indian Stu Associates IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? ❑ YES TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT City °J'Aliam, FEB ❑ PUBLIC WORKS AGREEMENT 0 MAINTENANCE AGREEMENT 0 INTER -LOCAL AGREEMENT 0 LEASE AGREEMENT 0 PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY) User Agreement PURPOSE OF ITEM (BRIEF SUMMARY): Dance — February 29, 2020 7 20 's Office ❑ NO ❑ NO COMMISSION APPROVAL DATE: / / FILE ID: ENACTMENT NO.: IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: :._ ROUTING INFORMATION , Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR PRINT: SIGNATURE: SUBMITTED TO RISK MANAGEMENT 2r/ / /). PRINT I1-Xa P 1 iyd!' SIGN TURF: Ad L L' SUBMITTED TO CITY ATTORNEYZ./2i, PRINT:\I7 c �� SIGNATURE: " APPROVAL BY ASSISTANT CITY MANAGER . I , QSq SIGNATURE: APPROVAL BY DEPUTY CITY MANAGER PRINT: �� SIGNATURE: RECEIVED BY CITY MANAGER 3,5,E D PRINT: SIGNATURE: 1) Or' PRINT: SIGNATURE: PST: SIGNATURE: PRINT: SIGNATURE: 1) o'NE ORIGINAL TO CITYGLERK 2) 0_14EMOPI(TORITMAiliTARNEASTO�FiFICE1 3) EMAININKORIGINALr(:SIEC ORIGINA�TiING, ?EP'gRTMENi� PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE CITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Yunior Santana, Auditorium Manager, DREAM Department of Real Estate & Asset Management - COM FROM: Daniel Diaz, Assistant City Attorney DATE: February 24, 2020 RE: University of Miami Indian Students Associates- Manuel Artime- Dance February 29, 2020 Matter ID No.: 20-427 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 AidaGarcia@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 20-427 Doc. No.: 1297845 • City of Miami — Office of the City Attorney • Matter Data Sheet Matter ID No.: 20-427 Date Opened: February 20, 2020 Assigned Attorney(s): Daniel Diaz D/R Date: 3/20/2020 Estimated Time: 0 - 2 hours Area of Law: 201 - Contracts Type: Use Client: Department of Real Estate & Asset Court Case No. (if applicable): Management - COM Matter Description: University of Miami Indian Students Associates- Manuel Artime- Dance February 29, 2020 C.ontract Amount (if applicable): $0 0 > Do Received Date • City of Miami Office of the City Attorney Legal Services Request To: Office of the City Attorney From: Yunior Santana Contact Person Auditorium Manager Title Date: February 11, 2020 r-; Manuel Artime Performing Arts Requesting Client 305-960-4686 Telephone Legal Service Requested: Use Agreement for University of Miami Indian Students Associates, a not for profit corporation Complete form and forward to the Office of the City Attorney or e-mail to Legal Services. Do not assume that the Office of the City Attorney knows the background of the question and/or issue, such as opinions on the same or similar issues, the existence of relevant memos, correspondence, etc. Please attach to this form and/or e-mail all pertinent information relating to the subject. Once your request has been assigned, an e-mail will be sent to you with the Assigned Attorney's name and the issued matter identification number. All attorneys in the Office of the City Attorney shall fully comply with the Rules Regulating The Florida Bar. For Legal Services requesting an opinion from the Office of the City Attorney: ❑ Issue opinion in writing. ❑ Publish opinion after issuance. Authorized by: Date response requested by: BELOW PORTION TO BE COMPLETED BY THE OFFICE OF THE CITY ATTORNEY Date: a - ° (' O File No. a 0 o�n Ultimate Client: F�%A-M Assigned Attorney: Approved by: '* M v 1 Q et* 1 Comments: Copy returned to Requesting Client D / R Date: Type: Matrix: Category: Copy to Ultimate Client rev. 06/17/2011 �II ® Au o CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 02/07/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Services, Inc of Florida 1001 Brickell Bay Drive Suite 1100 Miami FL 33131 USA CONTACT NAME: (A/CNNo.Ext): (866) 283-7122 (�C_Ne)_ (800) 363-0105 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURED University of Miami 1320 S. DIXIE HIGHWAY,SUITE 1200 Coral Gables FL 33146 USA INSURER A National Union Fire ins Co of Pittsburgh 19445 INSURER B: American Home Assurance Co. 19380 INSURER C: New Hampshire Insurance company 23841 INSURER D: Old Republic Union Insurance Company 31143 INSURER E: United Educators Ins, a Reciprocal RRG 10020 INSURER F: COVERAGES CERTIFICATE NUMBER: 570080482167 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR LTR TYPE OF INSURANCE ADDL INSD SUBR MD POLICY NUMBER POLICY EFF (MMIDD/WYY) POLICY EXP jMM/DDIYYYY) ' LIMITS D X COMMERCIAL GENERALLUABILITY 8219001115864 10/15/2019 1 10/15/2020 EACH OCCURRENCE 51,000,000 CLAIMS -MADE X OCCUR SIR applies per policy terms & conditions DAMAGE TO HEN ItU PREMISES (Ea occurrence) Included MED EXP (Any one person) Excl uded PERSONAL&ADVINJURY Included GEN'LAGGREGATE LIMITAPPLIES PER:P(� GENERALAGGREGATE $1, 500 , 000 X POLICY J ❑ ECT C ❑ LOC ` \t \ PRODUCTS - COMP/OP AGG Included OTHER: ('1 A AUTOMOBILE LIABILITY CA 5320306 � Fl B U 1j9/15/2019 10/15/2020 COMBINED SINGLE LIMIT (Ea accident) $300, 000 A _ x ANY AUTO eat CA 5320305 ,/ 10/15/2019 10/15/2020 BODILY INJURY ( Per person) OWNED — SCHEDULED AUTOS Fleet A/Physi cal D agts BODILY INJURY (Per accident) — AUTOS ONLY HIRED AUTOS ONLY NON -OWNED AUTOS ONLY PROPERTY DAMAGE (Per accident) — — `� E UMBRELLA LIAB X OCCUR I4688Z 10/15/2019 10/15/2020 EACH OCCURRENCE $500,000 X EXCESS LIAB CLAIMS -MADE AGGREGATE $500,000 DED RETENTION C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC017515922 10/15/2019 10/15/2020 x PER STATUTE OTH- ER C ' Y / N ANY PROPRIETOR/ PARTNER! EXECUTIVE OFFICER/MEMBEREXCLUDED? n N/A AOS WC017515923 10/15/2019 10/15/2020 E.L. EACH ACCIDENT $1, 000 , 000 (Mandatory in NH) If describe AZ IL NC NJ NY PA VA VT U E.L. DISEASE -EA EMPLOYEE $1, 000 , 000 yes, under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1, 000 , 000 A Excess WC XWC6559332 FL SIR applies per policy terms 10/15/2019 & condi-ions 10/15/2020 EL Each Accident EL Disease - Policy EL Disease - Ea Emp' $500,000 $500,000 $500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Manuel Artime Performing Arts Center, University of Miami Indian Student Association Annual Dance Competition on February 29, 2020. City of Miami -Manuel Artime Theater is included as Additional Insured in accordance with the policy provisions of the General Liability policy. General Liability policy evidenced herein is Primary and Non -Contributory to other insurance available to Additional Insured, but only in accordance with the policy's provisions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Miami -Manuel Arti me Theater Risk Management 444 SW 2nd Avenue, 9th Floor Miami FL 33130 uSA AUTHORIZED REPRESENTATIVE e t � r YGpc(l 7pddJv ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Holder Identifier : Certificate No : 570080482167 ADDITIONAL AGENCY CUSTOMER ID: 570000037109 LOC #: REMARKSSCHEDULE Page _ of _ AGENCY Aon Risk Services, Inc" of Florida POLICY NUMBER See Certificate Number: 570080482167 CARRIER See Certificate Number: 570080482167 NAIC CODE NAMED INSURED university. of Miami EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC #. INSURER INSURER _ INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy -limits.POLIC- INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER EFFECTIFECTI VE DATE (MM/DD/YYYY) POLICY EXPIRATION DATE (MM/DD/YYYY) LIMITS WORKERS COMPENSATION B N/A.. WC017515921 CA 10/15/2019 10/15/2020 C-. N/A WC017515924 MA OH WA 10/15/2019 - 10/15/2020 ACORD 101 (2008101) The ACORD name and logo are registered marks of ACORD ©2008 ACORD CORPORATION. All rights reserved. USE AGREEMENT MANUEL ARTIME PERFORMING ARTS CENTER This Agreement is entered into this day of , 2019, by and between the City of Miami, a municipal corporation of the State of Florida ("City") and University of Miami Indian 'Students Associates, a Florida not -for -profit 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 fulfillmentof '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 5:30pm, on the 29 day of February, 2020, and shall terminate at 9:30pm, on the 29 day of February, 2020. The period for rehearsal of the Event shall commence at 8:30am, on the 29 day of February, 2020, and shall terminate at 12:30pm, on the 29 day of February, 2020. • Unless otherwise agreed by the Director of the Facility (the "Director"), the set-up period shall commence no earlier than 8:00am, on the 29 day of February, 2020, prior to the Event period, and dismantle shall begin immediately upon the conclusion of the Event terminating no later than 10:30pm, on the 29 day of February, 2020. 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 $630.00 per Event, plus the sum of $105.00 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 $735.00, to be paid no later than January 29, 2020. 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 three hundred dollars ($300.00) plus forty dollars ($40.00) per hour/per theater staff member (n/a hours) for a total amount due of $300.00, to be paid no later than January 29, 2020. . 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 ($40100) per hour/per technician (n/a hours) for a total amount due of $n/a, to be paid no later than n/a, 2019. (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. USER shall be responsible for a non-refundable Cleaning Fee of One Hundred and No/100 Dollars ($100.00), and shall consist of one (1) or, more staff members being present beginning one (1) hour prior to the time of the event, and remaining for four (4) hours during the Event. Should further cleaning services be needed or should the Event, last longer than the aforementioned four (4) hours, an additional cleaning fee will be imposed at the rate of Twenty and No/100 dollars ($20.00) per hour thereafter. (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 3 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 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 thebest 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, Useragrees 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 4 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. Anyviolation 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. (d) The City shall have the right to enter upon the Facility at any 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 subjectto disclosure under applicable law. User's failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the City. 11. COMPLIANCE WITH APPLICABLE LAWS AND RULES AND REGULATIONS: User agrees to obtain all required licenses and permits and to abide by and comply with all applicable federal, state and local laws, rules, regulations, codes and ordinances in the use of the Facility and/or presentation of an Event. By execution of this Agreement, User acknowledges that it has received and fully understands the "Rules and Regulations for Use of City of Miami Municipal Facilities" which has been furnished to User prior to the execution hereof. User hereby represents and warrants to 'the City that User shall abide by each, and shall not permit the violation of any, rule and regulation set out therein. 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 5 (ii) by the failure of User to comply with any of the provisions hereof, specifically User's obligation to comply with all applicable statutes, ordinances or other regulations or requirements in connection with the ,use of the Facility. fhis-indemnif-nation-shall survive- the -term -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 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 rightto purchase insurance coverage for this event, and in doing so, agrees to provide the City witha 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 6 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 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 convenience, in\its sole discretion, upon a thirty (30) day prior written notice to User. Additionally, the City shall have the right to cancel the presentation of an Event, at any time if, in the exercise of its reasonable discretion, the City determines that the presentation of such Event, at the scheduled time, is not in the best interest of the City due to circumstances beyond the City's reasonable control. (b) Termination for Cause: The City shall have the right to terminate this Agreement, without notice or liability to User, upon the occurrence of an event of default. (c) Other Termination Rights: The City shall have the right to terminate this Agreement in the event that the Facility is sold, is condemned, or in the event of its damage due to fire, windstorm, catastrophe or other act of God, and the City decides, in its sole discretion, not to repair or rebuild. (d) Force Maieure: 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 7 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, 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. 8 TO USER: Ruhi Kabra University - of Miami Indian Students Associates 1306 Stanford Drive UC #107 Coral Gables1 FL 33146 TO THE CITY: Emilio T. Gonzalez City Manager 444 SW 211d Avenue, 10th Floor Miami, FL. 33130 WITH COPY TO: Victoria Mendez City Attorney 444 SW 211d "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 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 provisionsof this Agreement shall remain unmodified and in full force and effect or limitation of its use. (f) This Agreement constitutes the sole and entire agreement between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by property authorized representatives of the parties hereto. (g) User is aware of the conflict of interest laws of the City of Miami (Code of the City of Miami, Florida, as amended, Chapter 2, Article V) and agrees that it will fully comply in all respects with the terms of said laws. 21. ENTIRE AGREEMENT: This instrument, together with its attachments and all other instruments incorporated herein by reference constitute the sole and only agreement of the parties hereto relating to the use of the Facilities. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 22. COUNTERPARTS: This Agreement may be executed in 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 ofa 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 therewithas 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. - 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" University of Miami Indian_Students Associates, a Florida Non Profit Corporation 0.2/26 20 Print Name: Print Name: - eirU) edk Diredc' Por&v6//?9 i Title: Corporate Secretary STATE OF FLORIDA COUNTY OF MIAMI-DADE -Title: The foregoing instrument was acknowledged before me this oler day of by L7 /V O cane Personally Known !/ OR Produced Identification Type of Identification Produced (NOTARY SEAL) Q..ieeze_u9d..xyx NOTARY PUBLIC — STATE OF FLORIDA Print Name: Commission No.: Commission Expires: 11 Notary Public State of Florida Irene D Perusina c My Commission GIG 336432 `a E%pires05J2012023 ATTEST: TODD B. HAAO�j�� City Clerk APPROVED AS TO FORM AND CORRECTNESS: VICTO City Atto liz j' 12 CITY OF MIAMI, a municipal corporation Of the State of Florida City Manager APPROVED A$"TO REQUIREMENTS- ANN-M • ' IE SARPE, Director Division .f Ri Management CORPORATE RESOLUTION WHEREAS, University of Miami Indian Students Associates 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, , (or any other person authorized by the Board of Directors, and please 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 day of , 20 Corporate Secretary Print Name 13 1/2.8A o zo Pite fvr, fur siril ' ___T:gf c) (//e, Print Name (Corporate Seal) Notary Public State•af Florida' Irene D Perusir d '"' My Commission OG 336432 Expires 05/20/2023 Acfroa-D "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 ;',TCJLIP Rating Schedule' Daily Attendees. •... e (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 JR77 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 $100.00 135.00 185.00 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 14 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 i Daily Attendees (Spectators/Participants) A. 1 - 100 B. 101- 500 C. 501 - 1,500 B. Total Event Rates (5 or More Days) Class I $95.00 140.00 235.00 Class II Class III $170.00 $300.00 215.00 360.00 355.00 455.00 * 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 TULIP Class Three Events Aerobics and Jaz7ercise 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 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) Daily Attendees Class I Class II Class III (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 16- "EXHIBIT B" INSURANCE REQUIREMENTS- SPECIAL EVENTS INSURANCE I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Personal and Adv. Injury $ 1,000,000 Products/Completed Operations $ 1,000,000 B. Endorsements Required City of Miami included as an additional insured (Endorsement is required) Primary Insurance Clause Contingent and Contractual liability Premises and Operations Liability 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 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. 18 a a 1W Sound System "EXHIBIT C" In House Equipment* 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. Fees: 4 Hour Event (Non -Profit) $630.00 Rehearsal (On Event Day) $105.00 Light Technician $300.00 2 Wireless Microphones 2 x $50.00 $100.00 Intelligent Lights & Haze $400.00 Projector $400.00 Mini Plaza $52.50 Cleaning $120.00 19