HomeMy WebLinkAbout23257AGREEMENT INFORMATION
AGREEMENT NUMBER
23257
NAME/TYPE OF AGREEMENT
SMSM PRODUCTIONS CORP
DESCRIPTION
USER AGREEMENT / COMEDY- MARCH 21,2020 / MATTER
ID:20-425 / #112
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
6RIGINATING DEPARTMENT: DREAM
DEPT. CONTACT PERSON: Yunior Santana EXT. (305)960-4686
NAME OF OTHER CONTRACTUAL PARTY/ENTITY: SMSM Productions Corp.
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7.2020
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IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES El NO
TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? El YES ❑ NO
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT ❑ PUBLIC WORKS AGREEMENT
El PROFESSIONAL SERVICES AGREEMENT ❑ MAINTENANCE AGREEMENT
El GRANT AGREEMENT ❑ INTER -LOCAL AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT 0 LEASE AGREEMENT
0 LICENSE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT
OTHER: (PLEASE SPECIFY) User Agreement
PURPOSE OF ITEM (BRIEF SUMMARY): Comedy — March 21, 2020
COMMISSION APPROVAL DATE: . / / FILE ID: ENACTMENT NO.:
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN:
ROUTING INFORMATION'
Date
PLEASE PRINT AN,4IGN
APPROVAL BY DEPARTMENTAL DIRECTOR
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PRINT: /-I-t� 'Th R
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SUBMITTED TO RISK MANAGEMENT
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SUBMITTED TO CITY ATTORNEY
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APPROVAL BY ASSISTANT CITY MANAGER
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APPROVAL BY DEPUTY CITY MANAGER
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SIGNATURE:
RECEIVED BY CITY MANAGER31
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REMTAINING ORIG{IVALr S TO ORIGINATING
DEPARTMENTI
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, Auditorium Manager, DREAM
Department of Real Estate & Asset Management - COM
FROM: Daniel Diaz, Assistant City Attorney
DATE: February 24, 2020
RE: SMSM Productions Corp. - Manuel Artime- Comedy March 21, 2020
Matter ID No.: 20-425
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
20-425
Doc. No.: 1297880
City of Miami — Office of the City Attorney
Matter Data Sheet
Matter ID No.: 20-425
Assigned Attorney(s): Daniel Diaz
D/R Date: 3/20/2020
Area of Law: 201 - Contracts
Client: Department of Real Estate & Asset
Management - COM
Matter Description: SMSM Productions Corp.
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Contract Amount (if applicable): $0
Date Opened: February 20, 2020
Estimated Time: 0 - 2 hours
Type: Use
Court Case No. (if applicable):
- Manuel Artime- Comedy March 21, 2020
Received Date
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City of Miami
Office of the City Attorney
Legal Services Request
To: Office of the City Attorney Date: February 12, 2020
From: Yunior Santana
Contact Person
Auditorium Manager
Title
f•I
Manuel Artime Performing Arts ;
Requesting Client
305-960-4686
Telephone
Legal Service Requested:
Use Agreement for SMSM Productions Corp., a 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 opini
Authorized by:
Date response requested by:
BELOW PORTION TO BE COMPLETED BY THE OFFICE OF THE CITY ATTORNEY
Assigned Attorney: DAD
Approved by:
Comments:
via emu'
Date: oO� - FA3 • t�i j File No. a6 y! 2 1.
Ultimate Client: 0hEJ H
D / R Date: �`} "()
Type:
Matrix:
Category:
Copy returned to Requesting Client
Copy to Ultimate Client
rev. 06/17/2011
ACCORD
CERTIFICATE OF LIABILITY INSURANCE
°02/12/2020
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 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
Specialty Advantage Insurance Services
1100 Glendon Ave.
Suite 900
Los Angeles, CA 90024
CONTACT TULIP Administrator
PHONE FAX
INC No Ext): (800) 507-8414 (A/C, No):
ADDRESS: tulip@onebeacon.com
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A: Atlantic Specialty Insurance Company
27154
INSURED
SMSM Productions Corp
820 NW 7 Avenue
Apt 305
Miami, FL 33136
INSURER B:
INSURER C :
INSURER D :
INSURER E:
INSURER F :
COVERAGES
CERTIFICATE NUMBER: 170076
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
INSR
LTR
TYPE OF INSURANCE
ADDL
INSR
SUBR
WVp
POLICY NUMBER
POLICY EFF
(MM/DD/YYYY)
POLICY EXP
(MMIDDIYYYY)
LIMITS
A
GENERAL
LIABILITY
COMMERCIAL GENERAL LIABILITY
X
GL03759-06
03/21/2020
03/22/2020
EACH OCCURRENCE
$ 1,000,000
DAMAX
PREMI ES(Eao TO RENTED
PREMISES (Ea occurrence)
$ 50,000
CLAIMS -MADE
X
OCCUR
MED EXP (Any one person)
$ Excluded
PERSON . & ADV INJURY
$ 1,000,000
GEN ' LAGG ; ATE
$None
GEN'L AGGREGATE
—1 POLICY
X
LIMIT APPLIES
PRO-
JECT
PER:
LOC
P- 4DUCT OMPIOP AGG
$1,000,000
$
AUTOMOBILE
LIABILITY
SCHEDULED
%y
�� V
*
�`$
t'1
\\, , l
�
/
/ /.
CO=f idI INGLE LI T
T
$
• OILY INJU - Per person)
$
:ODILY •JURY(Per accident)
$
_ERTY DAMAGE
(Per accident)
$
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS -MADE
✓
EACH OCCURRENCE
$
AGGREGATE
$
DED
RETENTION $
$
WORKERS COMPENSATION
ANDEMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N
OFFICER/MEMBER EXCLUDED? ❑
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N / A
`
VIC STATU-
TORY LIMITS
OTH-
ER
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYEE
$
E.L. DISEASE - POLICY LIMIT
$
A
Third Party Property Damage
X
PF01105-06
03/21/2020
03/22/2020
Limit 1,000,000
Deductible 1,000
DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required)
Por Mi Papaya
03/21/2020
CERTIFICATE HOLDER
CANCELLATION
City of Miami
444 SW 2nd Avenue, 9th Floor
Miami, FL 33130
MANUEL ARTIME COMMUNITY THEATER
900 SW 1ST ST
Miami, FL 33130
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2010/05)
@ 1988-2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
TENANT USERS LIABILITY INSURANCE
CERTIFICATE BINDER
THIS CERTIFICATE/BINDER REPRESENTS A SUMMARY OF THE INSURANCE PROVIDED. INSURANCE
PROVIDED IS SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY.
Date: , 2/12/2020.1:55 PM
Certificate Number: 170076
Broker:
Risk Management Associates, Inc. dba: Public Risk Insurance Agency -
Daytona Beach, FL
Tenant User: SMSM Productions Corp
Event Title Por Mi Papaya
Type of Event Comedians
Daily Attendance 500
Period of Insurance: 03/21/2020 12:01 AM To 03/22/2020 12:01 AM
Policy #1 GL03759-06
Insurance Company: Atlantic Specialty Insurance Company
Coverage Limits
General Agg. None
Products Completed Ops $1,000,000
Personal/Adv, Injury $1,000,000
Each Occurance: $1,000,000
Fire Damage: $50,000
Medical Payments: Excluded
Liquor Liability $1,000,000 Aggregate
Policy #2
Insurance Company:
Coverage
$1,000,000 Each Common Cause
PF01105-06
Atlantic Specialty Insurance Company
Limits
Deductible
To obtain a complete copy of the policy with the terms, conditions and exclusions of the policy, you must contact us at:
tulip@ebi-ins.com or (800) 507-8414.
TENANT USERS LIABILITY INSURANCE
CERTIFICATE BINDER
THIS CERTIFICATE/BINDER REPRESENTS A SUMMARY OF THE INSURANCE PROVIDED. INSURANCE
PROVIDED IS SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY.
Third Party Property Damage: $1,000,000 $1,000
Premium Computation"
General Liability ' $138.00
Liquor Liability $185.00
Third Party. Property Damage $41.00
Excess Liability $0.00•
Total Premium $364.00
Total Fees $0:00
Total Due $364.00
Certificate Holder/Additional Insured
City of Miami
444 SW 2nd Avenue, 9th Floor
Miami, FL 33130
MANUEL ARTIME COMMUNITY THEATER
900SW1ST ST
Miami, FL 33130
To obtain a complete copy of the policy with the terms, conditions and exclusions of the policy, you must contact us at:
tulip@ebi-ins.com or (800) 507-8414.
USE AGREEMENT
MANUEL ARTIME PERFORMING ARTS CENTER
This Agreement is entered into this day of , 2020, by and between the City of
Miami, a municipal corporation of the State of Florida ("City") and SMSM Productions Corp., 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 Comedy ("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 8:00pm, on the 21 day of
March, 2020, and shall terminate at 10:00pm, on the 21 day of March 2020.
• Unless otherwise agreed by the Director of the Facility (the "Director"), the set-up period
of event shall commence no earlier than 4:00pm, on the 21 day of March, 2020, prior to
the Event period, and dismantle shall begin immediately upon the conclusion of the Event
terminating no later than 11:59am, on the 21 day of March, 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 $420.00 per Event, plus $ n/a 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 $449.40, to be paid no later than February 21, 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 incorporated into and made apart 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) fora 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
2
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 February 21,, 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 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, 2020.
(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
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
3
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 $205.00 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
4
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 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 ordeath 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), byany act, omission,
default, negligence (whether active or passive), recklessness or intentional wrongful misconduct
of any Indemnitees, User or anyof 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.
4. 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 willresult 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 failsto 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
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
cancellation/end of the Event Date, or such reasonable time thereafter as administratively
possible by Manuel Artime
7
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:
Zaharis Fernandez
SMSM Productions Corp.
820 NW 7 Avenue, Apt. 305
Miami, FL 33136
(c)
Agreement.
(d) No waiver or breach of any provision of this. Agreement shall constitute a waiver
of any subsequent breach of the same or any other provision hereof, and no waiver shall be
effective unless made in writing.
(e) Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida or the City .of Miami, such provision,
paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to
conform with such laws, or if not modifiable, then same shall be deemed severable, and in either
event, the remaining terms and provisions of this Agreement shall remain unmodified and in full
force and effect or limitation of its use.
(f) This Agreement constitutes the sole and entire agreement between the parties
hereto. No modification or amendment hereto shall be valid unless in writing and executed by
property authorized representatives of the parties hereto.
TO THE CITY:
Emilio T. Gonzalez
City Manager
444 SW 2nd Avenue, 10th Floor
Miami, FL 3340
WITH COPY TO:
Victoria Mendez
City Attorney
444 SW 2nd Avenue, Ste. 945
Miami, FL 3340
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..
Title and paragraph headings are for convenient reference and are not a part of this
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.
4. 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 construe& 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"
SMSM Productions Corp.,
a Florida Corporation
By: By:
Print Name: Print Name: nIrd-e x o f--)(AVA60‘ek
Title: Corporate Secretary Title: President
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowlediged before me this z_ day of
by hoho_X-co bat f\40E-c-IQ
Personally Known OR Produced Identification /
Type of Identification Produced Vdt_ el'S Liao
(NOTARY SEAL)
MILAGROS DIAZ DE VILLEGAS
MY COMMISSION # GG 150589
'41 EXPIRES: February 11, 2022
Bonded Thru Notary Public Underwriters
N ARY PUBLI STATEOFFLO' II
Print Name: (\Ma (+`ck2, de_
Commission No.: (k, L'53
Commission Expirgr" E t(t
12
ATTEST:
TODD B. HA
City Clerk
APPROVED AS TO FORM AND
Y By
CITY OF MIAMI, a municipal corporation
Of the State of Florida
City Manager
i
APPROVED TO ► SjJRAN$ E
REQUIRE
ANN-MARI SHA' = E, Director
Division of R k Management
13
CORPORATE RESOLUTION
WHEREAS, SMSM Productions Corp. 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 RES LVED BY THE BOARD OF DIRECTORS that the
president,T, i Q 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-0/j•(\A(k(N , 2020.
Chairperson of the Board of Directors
Corporate Secretary Print Name
Print Name
(Corporate Seal)
14
"EDIT A"
• Insurance Fee Schedule
TULIP Class One Events
Antique Shows
Art Festivals and Shows
Auctions
Award Presentations
Ballets or other Classical Dance Shows/Recitals
Beauty Pageants
Body Building Contests
Business Meetings or Shows
Chamber of Commerce Events
Charity Benefits, Dances, Auctions or Sales
Choirs — Indoors
Church Services or Meetings
Civic Club Meetings
Classical Dance Shows
Classical Music Concerts - Indoors
Concerts — Celtic Music
Concerts — Chamber Music
Concerts — Holiday Music
Concerts — Instrumental
Consumer Shows
Dance Competitions
Dance Recital
TULIP Rating Schedule
Daily Attendees
(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 Jazz Concerts — Indoors
Job Fairs - Indoors
Ladies Club Events
Lecturers
Meeting (indoors)
Pageants
Professional and Amateur Association Meetings
Reunions — Indoors
Seances
Seminars
Social Receptions
Speaking Engagements
Story Teller
Symphony Concerts
Teleconferences
Telethons
Voter Registration
A. Total Event Rates (1-4 Days)
Class I
$75.00
100.00
150.00
Class II Class III
$100.00 $150.00
45.00 200.00
185.00 310.00
B. Total Event Rates (5 or More Days)
Class I Class II Class III
$95.00
140.00
235.00
$170.00
215.00
355.00
$300.00
360.00
455.00
* Add 10% to the premium for each Additional Insured (other than the programs sponsor and venue),
up to a maximum of $1,000.00.
Handling Fee: $35.00
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
A. Total Event Rates (1-4 Days)
Class I
$75.00
100.00
150.00
B. Total Event Rates (5 or More Days)
Class II Class III
$100.00 $150.00
45.00 200.00
185.00 310.00
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
TULIP Class Three Events
Aerobics and Jazzercise Classes or Events
Casino and Lounge Shows
Cheerleading Events/Competitions (no Pyramids)
Comedy shows
Concert — Pop Cover Bands
Film Screenings
Film Showings
Gymnastic Competitions — Spectators Only
Halloween — Costume Contests
Magic Show
Old Timer Event
Play Readings
Plays
Proms
Talent Show (No Rap, Hip Hop, Heavy Metal shows)
Tap Dancing
Theatrical Stage Performances
Wine Tasting
TULIP Rating. Schedule
Daily Attendees
(Spectators/Participants)
A. 1 - 100
B. 101 - 500
C. 501 - 1,500
Daily Attendees
(Spectators/Participants)
A. 1 - 100
B. 101 - 500
C. 501 - 1,500
A. Total Event Rates (1-4 Days)
Class I Class II Class IQ
$75.00 $100.00 $150.00
100.00 45.00 200.00
150.00 185.00 310.00
B. Total Event Rates (5 or More Days)
Class I Class II Class DI
$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
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
18.
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. Allpolicies 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:
6 AKG D770 handheld microphones
Light System
5 CYC
2 Comet Follow Spots
17 PAR 64
4 Altam 360Q (6" x 9")
20 Altam 360Q (6" x 12")
4 Altman 360 Q (6" x 16")
* Not all equipment may be available on the date of the event.
Fees
2 Hour Event $420.00
Taxes 7% $29.40
Light Technician • $300.00
Sound Technician $300.00
Cleaning $120.00