HomeMy WebLinkAbout23285AGREEMENT INFORMATION
AGREEMENT NUMBER
23285
NAME/TYPE OF AGREEMENT
SOUTH MIAMI K-8 CENTER
DESCRIPTION
USER AGREEMENT / RECITAL EVENT- MAY 11,2019 /
MATTER ID:19-1250 / #114
EFFECTIVE DATE
NO EFFECTIVE DATE ON AGREEMENT
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
6/10/2019
DATE RECEIVED FROM
ISSUING.DEPT.
8/25/2020
NOTE
CITY OF MIAMI
DOCUMENT ROUTING FORM
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ORIGINATING DEPARTMENT: DREAM
DEPT. CONTACT PERSON: YUNIOR SANTANA EXT. (305) 960-4686
NAME OF OTHER CONTRACTUAL PARTY/ENTITY: South Miami K-8 Center
IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ® NO
TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? ❑ YES ® NO
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT
❑ PROFESSIONAL SERVICES AGREEMENT
❑ GRANT AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT
❑ LICENSE AGREEMENT
❑ PUBLIC WORKS AGREEMENT
❑ MAINTENANCE AGREEMENT
❑ INTER -LOCAL AGREEMENT
❑ LEASE AGREEMENT
❑ PURCHASE OR SALE AGREEMENT
OTHER: (PLEASE SPECIFY) USER AGREEMENT
PURPOSE OF ITEM (BRIEF SUMMARY): Recital Event — May 11, 2019
COMMISSION APPROVAL DATE: / /
FILE ID: ENACTMENT NO.:
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: Use Agreement prepared
by Law Department according to Ordinance # 11881
ROOTING'INFORMATIOM; `-.: `;
Date
PLET • SE PRINT,_ B -. .' N
APPROVAL BY DEPARTMENTAL DIRECTOR
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PRINT: ri i - J'��'
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SUBMITTED TO RISK MANAGEMENT
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SIGNATURE: ' ' AA_
SUBMITTED TO CITY ATTORNEY
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SIGNATURE:
APPROVAL BY ASSISTANT CITY MANAGER
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SIGNA TE.4 4
APPROVAL BY DEPUTY CITY MANAGER
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PRINT:
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SIGNATURE:
RECEIVED BY CITY MANAGER
PRINT:
SIGNATURE:
1) ONE ORIGINALTOCITY CLERK;
2) ONE wCOP,Y.TO'C ITY ATTORNEY'S'' OFFICE;
3) REMAINING.ORIGINAL(S);TO ORIGINATJNG
'DEPARTMENT
PRINT:
SIGNATURE:
PST:
SIGNATURE:
PRINT:SIGNATURE:
PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE
EXECUTION BY THE CITY MANAGER
City of Miami
Office of the City Attorney
Legal Services Request
To: Office of the City Attorney Date: 5/10/2019
From: Yunior Santana
Contact Person
Auditorium Manager
Title
Manuel Artime Performing Arts
Requesting Client
305-960-4686
Telephone
Legal Service Requested:
Use Agreement for South Miami K-8 Center, a Florida municipal 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 yoft with rthe
Assigned Attorney's name and the issued matter identification number. -c
All attorneys in the Office of the City Attorney shall fully comply witl e;Rues
Regulating The Florida Bar.
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For Legal Services requesting an opinion from the Office of the City Attorney;
❑ Issue opinion in wri
❑ Publish opinion s'�r iss ce.
Authorized
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Date response requested by: 5/14/2019
BELOW PORTION TO BE COMPLETED BY THE OFFICE OF THE CITY ATTORNEY
Assigned Attorney: DV)
Date:
File No. (9 - i Z.SD
Approved by: ►'YI ✓,Ayrta t ( Ultimate Client: t REW
Comments: —6/ R Date: 6/ 1 s /r q
Copy returned to Requesting Client
Type: Use.
Matrix:
Category:
Zo
Copy to Ultimate Client
rev. 06/17/2011
CITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Yunior Santana, Auditorium Manager -Manuel Artime Performing Arts
Department of Real Estate & Asset Management - COM
FROM: Daniel Diaz, Assistant City Attorney
DATE: May 23, 2019
RE: South Miami K-8 Center - Manuel Artime - Recital Event - May 11, 2019
Matter ID No.: 19-1250
Enclosed please find the captioned agreement which has been approved by the City
Attorney as to form and correctness. Once this agreement has been fully executed please file one
original agreement with the City Clerk as the official record, please keep one original agreement
as your Department record, and `please e-mail a copy of the fully executed agreement to my
assistant at CMFresquet@miamigov.com. We will be closing our file on this matter unless
additional services are requested.
If you have further questions, please feel free to contact me at 305-416-1800.
Enclosure(s)
WHEN RETURNING THIS CONTRACT
TO THIS OFFICE FOR FURTHER
REVIEW, PLEASE IDENTIFY AS
19-1250
1171939
i .;
a-
•
2014-ra.808.
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 The School Board of Miami -
Dade County, by and through the South Miami K-8 Center, a political subdivision of the state of
Florida ("User").
RECITALS
A. User has requested that the City make available to it the use of the Manuel Artime
Performing Arts Center ("Facility"), for the fee specified herein. •
B. The City owns and operates the Facility and is willing to peiuiit User to use the
Facility during the use period subject to the teinis 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 Recitals ("Event") as follows:
(a) Other Uses: Should User wish to use the Facility at any other times or for any
other purposes, then the proposed use and the charges to be paid in connection therewith shall be
as customarily charged by the City for similar use of the Facility.
(b) Reservation by other users: For purposes of this paragraph, the
auditorium or any portion of the Facility shall be deemed to have been reserved by another user
if, as of the date hereof, such areas are reserved for use by another user or if the City notifies User
of a prior reservation at least fifteen (15) days prior to the date of the reserved event or use.
(c) No Interest Conferred: This Agreement confers no exclusive possession of
the Facility. The User cannot exclude- the' City from the Facility. This Agreement solely
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#1 shall commence at 2:OOpm, on the 11 day of
May, 2019, and shall terminate at 4:00pm, on the 11 day of May, 2019.
• The period for rehearsal #1 of the Event#1 shall commence at 9:00am, on the 07 day of
May, 2019, and shall terminate at 1:00pm, on the 07 day of May, 2019.
• The period for rehearsal #2 of the Event#1 shall commence at 2:00pm, on the 07 day of
May, 2019, and shall terminate at 6:00pm, on the 07 day of May, 2019.
• The period for rehearsal #3 of the Event#1 shall commence at 9:00am, on the 09 day of
May, 2019, and shall terminate at 1.00pm, on the 09 day of May, 2019.
• The period for rehearsal #4 of the Event#1 shall commence at 2:OOpm, on the 09 day of
May, 2019, and shall terminate at 6:00pm, on the 09 day of May, 2019.
• The period for rehearsal #5 of the Event#1 shall commence at 9:00am, on the 11 day of
May, 2019, and shall terminate at 1:00pm, on the 11 day of May, 2019.
• Unless otherwise agreed by the Director of the Facility (the "Director"), the set-up period
shall commence no earlier than 7:30am, on the 11 day of Mav, 2019, prior to -the Event#1
period, and dismantle shall begin immediately upon the conclusion of the Event#1
terminating no later than 6:00pm, on the 11 day of May, 2019.
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• The period for presentation of the Event#2 shall commence at 2:OOpm, on. the 18 day of
May 2019, and shall terminate at 4:00pm, on the 18 day of May, 2019.
• The period for rehearsal #1 of the Event#2 shall commence at 9:O0am, on the 16 day of
May, 2019, and shall terminate at 1:00pm, on the 16 day of Mav, 2019.
• The period for rehearsal #2 of the Event#2 shall commence.. at 1:00pm, on the 16 day of
May, 2019, and shall terminate at 5:00pm, on the 16 day, :ef May, 2019.
• The period for rehearsal #3 of the,Event#2 shall cbininence af.9:00arn, on the 17 day of
Mav, 2019, and shall 'terminate, at '1-:00pm; on' the 17 day of May,'2019. •
• The period for rehearsal #4... 6f'the Event#2'sliall commence at 1:00pm, on the 17 day .of..
May, 2019, and shall terni.inate.at 500pm.; on.t1ie 17 day of May, 2019. ., r '
• The period for rehearsal #5 of:ihe Event##2 shall 'coinmenc'e at 9:00am,, on the 18 day -of
May, 2019, and shall terminate.at1:00pm, oii th`e 18 day.of May; 20 .9.•
Unless otherwise agreed bythe Director of the Facility (the:;`Director"), the set -up -period sha11
commence no earlier than 9:00am, on the 18 day, of May, 2019,. prior to the Event#2 period, and
dismantle shall begin i n nediately'upon the conclusion•of the Eyent#2 terminating no later than
7:00pm, on the 18 day of Mav,-2019. r
In consideration of an additional fee, the Director niny,'allow User a longer period for
setup and dismantle, should User require addi.tioital. 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,.inay 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 the sum of $210.00 per
non event day rehearsal, and $105.00 per on event day rehearsal, plus $N/A per hour (N/A) on
additional time for setup and dismantle ("Basic Use Rate") with a total amount due of $1365.00,
to be paid no later than April l lth, 2019. 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, inclining any combination of rehearsal,
set-up/tear down, and event; four hundred fifty dollars ($450.00) for a total of eight (8) hours for
3
a
a Daily Event, including any combination of rehearsal, set-up/tear down, and event; one hundred
dollars ($100.00) for a total of four (4) hours for each additional rehearsal; any additional time
required beyond eight (8) hours and/or four (4) hours for additional rehearsals, the User shall be
charged a rate of forty dollars ($40.00) an hour per theater staff personnel. A sub total amount
due of Six Hundred dollars ($600.00) plus forty dollars ($40.00) per hour/per theater staff
member (N/A hours) for a total aniount due of $2,100.00 (Itieluding Rehearsals), to be paid no
later than April 1 lth, 2019.
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 forthe 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 deterntines that itis 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, 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.itito and made pal t' of this. Agreenfent such costs and
expenses being referred to herein as "Additional Charges"). Payment of Additional Charges not
previously agreed to prior to the Event, shall be made within five (5) business days following the
occurrence of the Event giving rise to such payment.
(d) Payment of Use Fee: All payments from User to the City shall be by
cashier's or certified check drawn on a local bank. Failure to pay any portion of the Use Fee
within five (5) days from the date the same is due shall result in the immediate termination of this
Agreement and may result in the forfeiture of the Deposit.
5. DEPOSIT: Upott exetiniot a This Agreement, Mid ass a 'condition to: ifs .effe-ctivetiess:
User shall deliver to the City a deposit, in the amount of two hundred & five dollars ($205.00), to
be held by the City throughout the Term. The Deposit shall secure User's performance under this
Agreement and full payment of all amounts due hereunder, including the cost of any damage
repairs, replacement or restoration, payment of any Additional Charges, or to defray any other
unusual.but reasonable expense borne by the City as a consequence of User's use of the Facilities
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hereunder and/or presentation of an Event. The City shall return the Deposit, or the unexpended
portion thereof, to the User upon full satisfaction of all of User's obligations hereunder.
6. ATTENDANCE: User understands that the maximum attendance at any one event is
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 Tenn, 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 rig it to invoice the User for such additional cleaning. The cost of additional cleaning,
as well as the cost of damage repairs, or any repairs necessitated as a result of the use of the
Facility by User, shall be deducted from the Deposit. User shall pay any deficiency upon
demand.
(c) User shall not be permitted to remove the piano from the stage under any
circumstances. Additionally, the removal of lights from their original setting is prohibited.
Changing of the original positioning or focusing of the lighting equipment, or reprogramming of
the lighting computer can only be done with the City's approval and supervision. If any such
changes are made with City's permission, User shall pay for any technical labor involved in
returning the equipment to its original standard design. Any violation of this section may result
in the immediate termination of this Agreement and will subject User to liability for all damages
arising from, or in connection with, said violation.
(d) The City shall have the right to enter upon the Facility at any time during the Use
Period, as it deems necessary.
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9. AUDIT AND INSPECTION RIGHTS: The City may, at reasonable times, and for a
period of up to three (3) years following the expiration of the Term, audit, or cause to be audited,
those books and records of User which are related to this Agreement. User agrees to maintain all
such books and records at its principal place of business for a period of three (3) years after
expiration of the Term.
10. PUBLIC RECORDS: User understands that the public shall have access, at all
reasonable times, to all documents and information pertaining to City contracts, subject to the
provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public
to all documents subject to disclosure under applicable law. User's failure or refusal to comply
with the provisions of this section shall result in the immediate termination of this Agreement by
the City.
11. COMPLIANCE WITH APPLICABLE LAWS AND RULES AND
REGULATIONS: User agrees to obtain all required licenses and permits and to abide by and
comply with all applicable federal, state and local laws, rules, regulations, codes and ordinances
in the use of the Facility and/or presentation of an Event. By execution of this Agreement, User
acknowledges that it has received and fully understands the "Rules and Regulations for Use of
City of Miami Municipal Facilities" which has been furnished to User prior to the execution
hereof. User hereby represents and warrants to the City that User shall abide by each, and shall
not permit the violation of any, rule and regulation set out therein.
12. MUTUAL INDEMNIFICATION AND HOLD HARMLESS: To the extent
permitted by Section 768.28, Florida Statutes, and any other applicable Florida law, and without
Waiving their respective rights of sovereign immunity, the City and the User shall each indemnify
and hold harmless the other, and their respective officers, employees, agents, and
instrumentalities from any and all liabilities, losses, or damages, which the City or User, or their
respective officers, employees, agents, or instrumentalities may incur as a result of claims,
demands, suits, causes of actions, or proceedings of any kind or nature arising out of, relating to,
or resulting from the negligent or intentional acts or omissions of the City or User, or their
respective officers, employees, agents, or instrumentalities arising out of, relating to, or resulting
from the performance of the Agreement. No party to this Agreement shall seek or obtain
attorney's fees or costs for the defense of Claims arising out of, relating to or resulting from the
negligent or intentional acts or omissions of the City or User, or their respective officers,
employees, agents, or instrumentalities arising out of, relating to, or resulting from the
performance of the 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
6
the User. All personal property placed or moved in the Facility shall be at the risk of User or the
owner thereof. User further agrees that it shall be responsible to provide security whenever
personal property either owned or used by the User, its employees, agents or subcontractors is
placed in the Facility, including any property or equipment necessary for set-up and dismantle,
whether or not the Facility is open to the general public.
14. INSURANCE: Insurance is required for all events based on the terms of "Exhibit
A" attached hereto and made part of this Agreement. In the event that attendance exceeds the
number on which the fee paid by the User has been computed, the User shall be obligated to pay
the difference within 48 hours of the conclusion of the event. User understands that not all
events are eligible under the "TULIP Class One Events" of "Exhibit A", and such coverage is
subject to terms, conditions and exclusions. The User has the right to purchase insurance
coverage for this event, and in doing so, agrees to provide the City with a certificate of insurance
in accordance with "Exhibit B". The City reserves the right to solicit from the user copies of any
and all insurance policies and corresponding endorsements in connection with this Agreement.
In lieu of the above, User may submit evidence of an ongoing self-insurance program subject to
the limitations contained in Florida Statutes Section 768.28.
15. DEFAULT: If User fails to comply with any tenn(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 fourteen (14) days or less than fourteen. (14) 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 fourteen (14) 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,
to rnado).
16. CITY'S TERMINATION RIGHTS:
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(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) Return of the Deposit: Except where this Agreement is terminated for
cause, User shall be entitled to a refund of the Deposit, or so much -thereof as has not been
applied, upon termination .of the Agreement, after satisfaction of all amounts due by User
hereunder, if any.
17. NONDISCRIMINATION: User represents and warrants to the City that User does not
and will not engage in, discriminatory practices. and that there shall be no • discrimination in
connection with User's use of the Facility or presentation of the Event on account of race, color,
sex; religion, . age, handicap, marital status or national origin. User further covenants that no
individual shall, solely by reason of his/her race,. color, sex, religion, age, handicap, marital status
or national origin, be excluded from participation in, -be denied services, or be subject to
discrimination in connection with the--use-of the Facility under this Agreement..
18. ASSIGNMENT: This Agreement may not be assigned by User, in whole or in part,
without the prior written consent of the City's, which may be withheld, or conditioned, in the
City's sole discretion.
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19. NOTICES: All notices or other communications required under this Agreement shall
be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return
receipt requested, addressed to the other party at the address indicated herein or to such other
address as a party may designate by giving notice in the.manner herein provided. Notice shall be
deemed given on the day on which personally delivered; or, if by mail, on the fifth day after
being posted or the date of actual receipt, whichever is earlier.
TO USER:
Natalva Hall
South Miami K-8 Center
6800 SW 60th Street
Miami, FL 33143
WITH COPY TO:
Alberto Carvalho, Superintendent,
The School Board of Miami -Dade County
1450 NE Second Avenue, Suite 912
Miami, FL 33132
Walter Harvev.
School Board Attorney
1450 NE Second Avenue, Suite 430
Miami, FL 33132
TO THE CITY:
Emilio T. Gonzalez
City Manager
44.4 SW 2' ' Avenue, 10th Floor
Miami, FL 33130
Victoria Mendez
City Attorney
444 SW 2"d Avenue, Ste. 945
Miami, FL 33130
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20. IVHSCELLANEOUS 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.
(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 inwriting.
(e) Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida or the City of Miami, such provision,
paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to
conform with such laws, or if not modifiable, then same shall be deemed severable, and in either
event, the remaining terms and provisions of this Agreement shall remain unmodified and in full
force and effect or limitation of its use.
(f) This Agreement constitutes the sole and entire agreement between the parties.
hereto. No modification or amendment hereto shall be valid unless in writing and executed by
property authorized representatives of the parties hereto.
(g) User is aware of the conflict of interest laws of the City of Miami (Code of the
City of Miami, Florida, as amended, Chapter 2, Article V) and agrees that it will fully complyin
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 ofthe parties
hereto relating to the use of the Facilities. Any prior agreements, promises, negotiations, or
'representations not expressly set forth in -this Agreement- are of no force or effect.
22. COUNTERPARTS: This Agreement may be executed in two or more counterparts,
each of which shall constitute an original, but all of which, when taken together, shall constitute
one and the same agreement.
23. INSPECTIONS: The User will allow City inspectors, agents or representatives the
ability to monitor its compliance with safety precautions as required by federal, state or local
laws, rules, regulations and ordinances. By performing these inspections the City, its agents, or
representatives are not assuming any liability by virtue of these laws,. rules, regulations, and
ordinances. The User shall have no recourse against the City, its agents, or representatives from
the occurrence, non-occurrence, or result of such inspection(s). Upon issuance of a notice to
10
precede the User shall contact the Risk Management Department at (305) 416-1700 to schedule
the inspection(s).
24. AMERICANS WITH DISABILITIES ACT: User shall affirmatively comply with all
applicable provisions of the Americans with Disabilities Act ("ADA") in the course of providing
any work, labor or services funded by the City including Titles I and II of the ADA ( regarding
nondiscrimination on the basis of disability) and all applicable regulations, guidelines and
standards. Additionally, User shall take affirmative steps to ensure nondiscrimination in
employment of disabled persons.
25. COMPLIANCE WITH LAWS: User accepts this Agreement and hereby acknowledges
that User's strict compliance with all applicable federal, state and local laws, ordinances and
regulations is a condition of this Agreement, and User, and any of its employees, agents or
performers, shall comply therewith as the same presently exist and as they may be amended
hereafter. This Agreement shall be construed and enforced according to the laws of the State of
Florida.
Further, the User, and any of its employees, agents or performers, hereby agrees to
comply with all regulations regarding travel to and from the United States as promulgated by the
U.S. Department of Treasury, Office of Foreign Assets Control ("OFAC") and the U.S.
Department of State.
Violation of any federal, state and local law shall subject the User to immediate
cancellation of this Agreement.
MF101 SST 2A O3VOiMA
YOIA 310P"i7U'd !Ar 33 C1b1P,
YE3 POTTA CIriA08 _' OOH0:2
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.
By:
"USER"
The School Board of Miami -Dade County, Florida,
by and through South Miami K-8 Center, a political
subdivision of the State of Florida.
Print Name: Print Name: itiae- _ r Jabitha G. Fazzino
Title: Corporate Secretary
Title: DESIGNS
RIS. + ANAGEMENT
E VIIED APPROVED
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
SCH00.RD ATTORNEY
12
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The for going instrument was acknowledged before me this day of N( , ad,
by ✓aio
Personally Known Produced Identification
Type of Identification Produced
(NOTARY SEAL)
SHERYL V RAGOO
Notary Public, State of Florida
My Comm. Expires May
16, 2019
N
3756
Bonded thru Arthur J. Gallagher & Co.
ATTEST:
TODD B.
City Clerk
N(FARY PUBLIC — STATE OF FLORIDA
Print Name: 774
Commission No. 75
Commission Expires: ,t/ /4'�7
By:
CITY OF MIAMI, a municipal corporation
Of the State of Florida
E 11% • T. GONZALEZ
Cit Manager
APPROVED' AS T
REQUIRES
ANN- • NI S
Division of Risk
URANCE
E, Director
anagement
13
"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 —Instrainental
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 J07.7 Concerts — Indoors
Job Fairs - Indoors
Ladies Club Events
Lecturers
Meeting (indo�rs)
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 H
$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 HI •
$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
Conceits — Blues Music
Concerts — Country Music
Conceits — 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
1.00.00
150.00
B. Total Event Rates (5 or More Days)
Class II Class III
$100.00 $150.00
135,00 200.00
185.00 310.00
Daily Attendees Class 1 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
15
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
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
Ill Business Automobile Liability (If Applicable)
A. T,irnits 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 ernployee
$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
"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-TDlsub 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)
Accessorics:
6 AKG D770 handheld microphones
Light System
5 CYC
2 Comet Follow Spots
17 PAR 64
13 Altam 360Q (6" x 9")
20 Altam 360Q (6" x 12")
22 Altman 360 Q (6" x 16")
Not all equipment may be available on the date of the event.
Dance
2 Hour Event $420.00
Rehearsal (Non Event Date) $210.00 x 4= $840.00
Rehearsal (Event Date) $105.00
No Technician $300.00
Rehearsal 4 hours Tech 1 $100.00 x 4= $400.00
Cleaning $100.00
Drama
2 Hour Event $420.00
Rehearsal (Non Event Date) $210.00 x 4= $840.00
Rehearsal (Event Date) $105.00
Light Technician, $300.00
Sound Technician $300.00
Rehearsal 4 hours Tech 1 $100.00 x 4= $400.00
Rehearsal 4 hours Tech 2 $100.00 x 4= $400.00
Projector $400.00
Overnight Storage $150.00
Cleaning $100.00
19
ii
142998
City of Miami
Customer Invoice
Manuel Artime Miscellaneous Invoices
Send Payment To:
PO Box 71234
Charlotte NC 28272-1234
Page 1 of 1
INVOICE DATE INVOICE NUMBER LIEN NUMBER NEW CHARGES PAST DUE AFTER FOLIO NUMBER
13-MAR-19 142998 13-MAR-19
DOCUMENT NUMBER
DESCRIPTION
BILLING UNITS
TRANSACTION AMOUNT
M104-0012 TICKETED EVENT (PROFIT) 2 HOURS OR LESS
1.00
420.00
M104-0013 REHEARSAL (NON-EVENT DAY)
4.00
840.00
MI04-0014 REHEARSAL (ON EVENT DAY) 4 HOURS OR LESS
1.00
105.00
M104-0033 SITE TECH (NO TECH)
1.00
300.00
M104-0025 REHEARSAL 4 HOURS OR LESS SOUND TECH
4.00
400.00
MI04-0053 0099 - CLEANING CREW ON EVENT
1.00
100.00
For online payments, visit: http:Umiamigov.com/pay.
SERVICE/PROPERTY ADDRESS CUSTOMER NUMBER LEGACY REFERENCE
TOTAL AMOUNT DUE
59441 Event Date 5/11/2019
$ 2,165.00
SEE REVERSE SIDE FOR BILLING INQUIRES
40 DETACH HERE AND PLEASE RETURN THE BOTTOM PORTION WITH YOUR PAYMENT - RETAIN TOP PORTION AS YOUR RECEIPT 40
City Of Miami
FINANCE DEPARTMENT,444 SW 2nd Avenue, Miami, FL 33130
CUSTOMER NUMBER INVOICE NUMBER
59441 142998
TOTAL AMOUNT DUE
2,165.00
SERVICEIPROPERTY ADDRESS
NEW CHARGES PAST DUE AFTER
13-MAR-19
MAILING ADDRESS CHANGE
SOUTH MIAMI K-8 CENTER
6800 SW 60 STREET
SOUTH MIAMI FL 33143
PAYMENT AMOUNT ENCLOSED
N
142998
DO NOT WRITE BELOW THIS LINE
00059441 3 00142998 9 000021,6500 0 8
1. Do NOT send cash. Make
Check payable to: City of Miami
and send to the address above.
2. Restrictive endorsements will
NOT be honored.
3. Include account number on face
of check or money order.
4. If there are names and/or
accounts status changes, make
corrections to the right of the
typed mailing information and
mail your payment along with
such changes to: City of Miami,
Customer Services, 444 SW
2"4 Avenue, Room 636-1,Miami,
Florida 33130.
DETACH
BEFORE MAILING
4•
11
143001
City of Miami
Customer Invoice
Manuel Artime Miscellaneous Invoices
Send Payment To:
PO Box 71234
Charlotte NC 28272-1234
Page1 of 1
INVOICE DATE INVOICE NUMBER LIEN NUMBER NEW CHARGES PAST DUE AFTER FOLIO NUMBER
13-MAR-19 143001 13-MAR-19
DOCUMENT NUMBER
DESCRIPTION
BILLING UNITS
TRANSACTION AMOUNT
M104-0012 TICKETED EVENT (PROFIT) 2 HOURS OR LESS
1.00
420.00
M104-0013 REHEARSAL (NON-EVENT DAY)
4.00
840.00
MI04-0014 REHEARSAL (ON EVENT DAY) 4 HOURS OR LESS
1.00
105.00
M104-0034 SOUND TECH
1.00
300.00
MI04-0035 LIGHT TECH
1.00
300.00
MI04-0025 REHEARSAL 4 HOURS OR LESS SOUND TECH
4.00
400.00
MI04-0026 REHEARSAL 4 HRS OR LESS LIGHT TECH
4.00
400.00
MI04-0045 0083 - PROJECTOR
1.00
400.00
MI04-0032 0092 - OVERNIGHT
1.00
150.00
MI04-0053 0099 - CLEANING CREW ON EVENT
1.00
100.00
For online payments, visit: http://miamigov.com/pay.
SERVICE/PROPERTY ADDRESS CUSTOMER NUMBER LEGACY REFERENCE
TOTAL AMOUNT DUE
59441 Event Date 5/18/2019
$ 3,415.00
SEE REVERSE SIDE FOR BILLING INQUIRES
• ' DETACH HERE AND PLEASE RETURN THE BOTTOM PORTION WITH YOUR PAYMENT - RETAIN TOP PORTION AS YOUR RECEIPT `Y
City Of Miami
FINANCE DEPARTMENT,444 SW 2nd Avenue, Miami, FL 33130
CUSTOMER NUMBER INVOICE NUMBER
59441 143001
TOTAL AMOUNT DUE
3,415.00
SERVICE/PROPERTYADDRESS
NEW CHARGES PAST DUE AFTER
13-MAR-19
MAILING ADDRESS CHANGE
SOUTH MIAMI K-8 CENTER
6800 SW 60 STREET
SOUTH MIAMI FL 33143
PAYMENT AMOUNT ENCLOSED
•
143001
DO NOT WRITE BELOW THIS LINE
1. Do NOT send cash. Make
Check payable to: City of Miami
and send to the address above.
2. Restrictive endorsements will
NOT be honored.
3. Include account number on face
of check or money order.
4. If there are names and/or
accounts status changes, make
corrections to the right of the
typed mailing information and
mail your payment along with
such changes to: City of Miami,
Customer Services, 444 SW
2", Avenue, Room 636-1,Miami,
Florida 33130.
DETACH
BEFORE MAILING
00059441 3 00143001 4 0000341500 1 5
Miami -Dade County Public Schools
Superintendent of Schools
Alberto M. Carvelho
March 13, 2019
Yunior Santana
City of Miami
900 SW 1st Street
Miami, FL 33130
giving our students the world
RE: Dance & Drama Magnet End of Year Performance
Dear Mr. Santana:
Miami -Dade County School Board
Perla Taberes Hantman, Chair
Dr. Martin Karp, Vice Chair
Dr. Dorothy Bendross-Mindingall
Susie V. Castillo
Dr. Lawrence S. Feldman
Dr. Steve Gallon ill
Lubby Navarro
Dr. Marta Perez
Mari Tere Rojas
This letter is written in response to the request to provide a Certificate of Insurance for
the use of Manuel Artime Theater by Miami -Dade County Public Schools on May 11, 2019
and May 17, 2019.
Please be advised that the School Board of Miami -Dade County, Florida maintains an
ongoing self-insurance program for Public Liability, Automobile Liability and Workers'
Compensation Insurance covering the School Board's members, officers and employees.
We ask that you accept this confirmation of our self-insurance program, subject to the
limitations of Florida Statute 768.28, in lieu of submitting a certificate of insurance.
If you have any questions, please feel free to contact me at (305) 995-7155.
Sincerely,
JWrg. Davila
Executive Director
Office of Risk and Benefits Management
School Board Administration Building • 1501 N. E. 2nd Avenue • Suite 335 • Miami, FL 33132
305-995-7129 • 305-995-7170 (FAX) • riskmanagement.dadeschools.net