HomeMy WebLinkAbout23853AGREEMENT INFORMATION
AGREEMENT NUMBER
23853
NAME/TYPE OF AGREEMENT
THE SCHOOL BOARD OF MIAMI-DADE COUNTY SOUTH
MIAMI K-8 CENTER
DESCRIPTION
USE AGREEMENT/MANUEL ARTIME PERFORMING ARTS
CENTER/RECITALS 05/23-24/2022/MATTER ID: 21-3046/#71
EFFECTIVE DATE
January 25, 2022
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
3/28/2022
DATE RECEIVED FROM ISSUING
DEPT.
4/8/2022
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: South Miami K-8 05/23-24/2022
IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ❑ NO
TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? ❑ YES ❑ NO
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT
❑ PROFESSIONAL SERVICES AGREEMENT
❑ GRANT AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT
❑ LICENSE AGREEMENT
OTHER: (PLEASE SPECIFY) User Agreement
PURPOSE OF ITEM (BRIEF SUMMARY):Recital
2 3g.53
❑ PUBLIC WORKS AGREEMENT
❑ MAINTENANCE AGREEMENT
❑ INTER -LOCAL AGREEMENT
❑ LEASE AGREEMENT
❑ PURCHASE OR SALE AGREEMENT
COMMISSION APPROVAL DATE: / / FILE ID:
ENACTMENT NO.:
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN:
This is a theater event which the use is consistent with the function of the facility
ROUTING INFORMATION
Date
/
PLEASE PRINT AND ION
APPROVAL BY DEPARTMENTAL DIRECTOR
'
PRINT: Hans Maichel
SIGNATURE:
SUBMITTED TO RISK MANAGEMENT
3/S ( /Z'
PRINT: Ann-Marie
SIGNATURE: ��/
SUBMITTED TO CITY ATTORNEY
Matter ID#: 21-3046
3llZ2
/ w /
PRINT: Vic'uria Mend z
SIGNATURE• '
APPROVAL BY ASSISTANT CITY MANAGER
`'�' (®
11./45
RINT: Fern •. , mayor
P•
SIGNA
APPROVAL BY DEPUTY CITY MANAGER
PRINT: Nzeribe Ihekwaba
SIGNATURE:
RECEIVED BY CITY MANAGER
PRINT: Arthur Noriega
SIGNATURE:
1) ONE ORIGINAL TO CITY CLERK,
2) ONE COPY TO CITY ATTORNEY'S OFFICE,
3) REMAINING ORIGINAL(S) TO ORIGINATING
DEPARTMENT
PRINT: Todd Hannon
SIGNATURE:
PRINT:
SIGNATURE:
PRINT:
SIGNATURE:
PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE
EXECUTION BY THE CITY MANAGER
Miami -Dade Count Public Schools
Superintendent of Schools
Alberto M Carva/ho
February 16, 2022
Yunior Santana
Manuel Artime Theater
900 SW 1 Street
Miami, FL 33130
RE: Drama Magnet End of Year Performance
Dear Mr. Santana:
giving our students the world
Miami -Dade County School Board
Perta Tabares Hantman, Chair
Dr. Steve Gallon Ilf, Vice Chair
Lucia Baez -Geller
Dr. Dorothy Bendross-Mindingall
Christi Frage
Dr. Lubby Navarro
Dr. Marta Perez
Mari Tare Rojas
Luisa Santos
This letter is written in response to the request to provide a Certificate of Insurance for
the use of Manuel Artime Theater by Miami -Dade County Public Schools on May 24, 2022
and May 27, 2022.
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.
JorDavila
Executive Director
Office of Risk and Benefits Management
1501 N.F. 2' Avenue, Suite 335 • Miami, FL 33132
305-995--7129 • 305-995-7170 (FAX) • risknnonogement.dodeschools.net
FOR ROUTING SEND TODSAINTPREUX a@DADESCHOOLS.NET
SCHOOL OPERATIONS. -'CONTRACTED SERVICES
1460 NE 2nd Avenue, Suite 806, Miami, Ftorida,33132
Ph: (306).996.1946
:Fax: ,(305) 623-067
PROFESSIONAL SERVICES CONTRACT FOR;
MANUEL ARTIME PERFORMING ARTS CENTER
@SOUTH MIAMI K 8 CENTER (May 23-24, 2022)
1.
t .2&2= " -
MS. LOURDES LOPEZ
Principal (Charge: Location)'
5241=South Miamt.K 4 Center
:INITIAL& DATE
2•
Ai
j%t �( I
CM,
Rio: �-
DR. MICHAEL A. LEWIS
Region Superintendent `
Centred Region
t.L&DATE .
3•
'? Digltallysigned by Jorge L Davila
�1 • \Lacation; OffceofRisk and
(tt��• ReneRts management
!Mei 2022.01.281551:01.05'00'
_
MR.'JORGE L.; DAVILA,
Executive Director; Risk& Benefits Management
SBAB/Annex:. Room 325 '
INITIAL& DATE
4•
` ''r
-'• , 1j31/2022
MR.;MARIO A. :DE BARROS,.
Chief Procurement Of icer : Procuremgent M mt. Services .
SBAB/Annex - Room 650.
ITIAL & DATE
5.Asst..School
9/6Id2/1 /22
John tafelice
Board: Attorney,. Board Attorney's Office
S,BAB = Room'400
INITIAL & DATE ..
6.
. =4-n'•-ea'76"6°'434 02/01/2022
LINDA AMICA-ROBERTS, PH. D:, on behalf of:
DR: JOHN D. PACE, Ut (or DESIGNEE)
:Chief Operating Ofticer,.School Operations.
r6PAI3,905
INITIAL & DATE
7• .
:MR. ALBERTO M._CARVA(.HO'(or DESIGNEE)
Superintendent of Schools.
INITIAL & DATE
For any ctarilfeaHons/questlons/concerns; please. conlact;
• Ms ,Da�a�rnie Saint7eiweAI Ade tipi: Asst.
dsa7ntorenx@cdadeschooknot —(305)_095404s `
Schcot:Opereffons
Contract Number CP5240
USE AGREEMENT
MANUEL ARTIME PERFORMING ARTS CENTER
This Use Agreement ("Agreement") is entered into this 25 day of January , 2022, 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 Centers a political subdivision
of the state of Florida ("User").
RECITALS
A. User has requested that the Citymake available to it the use of the Manuel Artime
Performing Arts Center ("Facility"), for the fee specified herein.
B. The City owns and operates the Facility and is willing to permit User to use the
Facility during the use period subject to the terms and conditions set forth herein.
C. The City Commission, by Ordinance 12403, has approved the fees and rates being
charged to the User hereunder, and has authorized the execution of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, the City hereby grants to User a limited license for the right,` privilege and permission
to enter into and upon Facility for the Permitted Use and during the Use Period, as the terms are
hereinafter defined, subject the teens and conditions set forth in this Agreement.
I. TERM: The term of this Agreement shalt commence upon full execution hereof and
shall terminate upon fulfillment of all the responsibilities and obligations of the parties hereunder
("Term").
2. PERMITTED USE: User shall be permitted to enter and occupy certain portions
of the Facility for the purposes of presenting Recitals ("Event") as follows:
(a) Other Uses; Should User wish to use the Facility at any other times or for any
other purposes, then the proposed use and the charges to be paid in connection therewith shall be
as customarily charged by the City for similar use of the Facility.
(b) Reservation by other users: For purposes of this paragraph, the
auditorium or any portion of the Facility shall be deemed to have been reserved by another user if,
as of the date hereof, such areas are reserved for use by another user or if the City notifies User of
a prior reservation at least fifteen (15) days prior to the date of the reserved event or use.
(c) No Interest Conferred: This Agreement confers no exclusive possession of
the Facility. The User cannot exclude the .City from the Facility. This Agreement solely provides
a license that 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 characterin the Facility and to use the Facility,
subject to the terms of this Agreement. The City retains dominion, possession and control of the
Facility,
3. USE PERIOD: the .use period shall consist of the periods for set-up and dismantle
and for presentation of the Event ("Use Peried"..)..
• The period for presentation of the Event#1 shall commence at 7:00pm, on the 24 day of
May, 2022, and shall terminate at 9;00pm, on the 24 day of May, 2022.
• The period for rehearsal_#1:of the Event#1 shall_commence at 9:00am, on the 23, day of
May, 2022, and shall terminate at I :00pm, on the-2 day of Mav, 2022.
• • The .period for rehearsal #2 of the Event#I shall commence at 2:00pm, .on the 23 day of
May, 2022, and shall terminate at 6:00pm, on the 23 dayof, 2022.•
• The period for rehearsal #3 of the Event#1 shall commence at 9:00am, on the 24.day of
May, 2022, and shall terminate at i :00pm, on the 24 day of May, 2022.
• The period for rehearsal #4 of the Event#1 shall commence at 2:00pm; on the 24 day of
May, 2022, and shall terminate at 6:00pm, on the 24 day of May, 2022.
• Unless otherwise agreed by the Director of the Facility (the "Director"), the set-up period
shallcommence no earlier than 10:00am, on the 24 day of i i , 2022, prior to the Event# 1
period, and dismantle shall begin immediately upon the conclusion of the Event#1
terminating no later than 10:00pm, on The 24 day of May, 2022.
In consideration of an additional fee, the Director may allow User a longer period for setup
and dismantle, should User require additional time. Any equipment or stage props left in the
Facility after the expiration of the time allowed for dismantle shall be disposed of by the City at
User's sole cost without any right of claim by the User, or at the City's option, may be stored at
User's cost.
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4. USE RATE:
(a) Basle Use Rate: In consideration of the use of the Facility as described above,
User agrees to pay to the City the sum of $420.00 per Event, plus the sum of $210.00. per non event
day rehearsal, and $105.00 per on event day rehearsal, plus $NIA per hour (MAI on additional
time for setup and dismantle ("Basic Use Rate") with a total amount due of $1230.50, to be paid
no later than April 11 th, 2022. 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 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 $2,100.00 (Including Rehearsals), to be paid no later than April
1I ith, 2022.
Should the User not use the City's theater staff, one (1) theater staff member will be
scheduled to oversee operations at no charge to the User for a maximum of eight (8) hours. Any
additional time beyond the initial eight (8) hours, the User shall be charged a rate of forty dollars
($40.00) an hour for the theater staff member. For any Filming event, one (1) theater staff member
will be scheduled to oversee operations at a rate of two hundred dollars ($200.00) per event for a
total of eight (8) hours; any additional staff time required beyond eight (8) hours, the User shall
be charged a rate of forty dollars ($40.00) an hour per theater.staff member. If the Auditorium
Manager determines that it is in the best interest' of the City to require a second theater staff member
be present for the event, the User shall be charged a fee of three hundred dollars ($300.00) for the
initial eight (8) hours; any additional time required beyond eight (8) hours, the User shall be
charged a rate of forty dollars ($40.00) an hour per staff member. A. subtotal amount due of $N/A
plus forty ($40.00) per hour/per technician W/_A_ hours) for a total amount due of $NIA, to be paid
no later than N/A•
(c) Additional Charges: User shall be responsible for the staffing of all Events
and shall pay for all supplies or other services, needed or provided in connection with the use of
the Facility and/or the presentation of an Event as listed in the Additional Charges Form, which
by this reference is incorporated into and made part of this Agreement in the In House Equipment
List included as "Exhibit C" (all such costs and expensesbeing referred to herein as "Additional
Charges"). Payment of Additional Charges not previously agreed to prior to the Event, shall be
3
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: 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, orto 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.
6. ATTENDANCE: User understands that the maximum attendance at any one event is
nine hundred (900) persons and that User shall not print more than eight hundred and forty one..
(841) tickets per Event.
7. EVENT PERSONNEL. UTILITIES AND SUPPLIES: Except as specifically
provided herein, User shall be responsible for all staffing in connection with the use of the Facility
and/or the presentation of an Event which includes ticket sellers, ticket takers, ushering staff,
stagehands, spotlight operators, etc. Additionally, User understands and agrees that it shall only
utilize the services of sound and/or lighting technicians who have been approved by the City to
operate the Facility's sound and/or lighting equipment. If the Auditorium Manager determines
that it its in the best interest of the City to require additional staffing to be present for an Event, the
User shall be charged the fees as defined in Section 4 of this Agreement for the additional
personnel.
8. CONDITION OF FACILITY/REMOVAL OF USER'S EFFECTS:
(a) User has inspected the Facility and Accepts it in "as -is" condition. User agrees to
tear down and remove all of User's effects immediately after the presentation of an Event and/or
expiration of the Term. User shall not permit the Facility to suffer any damage or disrepair.
(b) User shall not construct or erect any fixtures within the Facility without the
Auditorium Manager's prior written approval, which may be withheld in the Auditorium
Manager's sole discretion and subject to any restrictions and conditions as may be prescribed by
the City, including but not limited to requirements imposed by the City's Risk Department and
Building Department, as applicable. Upon issuance of a notice to proceed the User shall contact
4
the Auditorium Manager and the Risk Management Department at (305) 416-1700 to schedule any
necessary .inspection(s).
(c) At the conclusion of each Event, and upon expiration of the Term, User agrees to
surrender the Facility to the City properly cleaned and in the same condition existing upon User's
acceptance. If the Facility is not properly cleaned to the City's satisfaction, then the City shall
have the right to invoice the User for such additional cleaning. The cost of additional cleaning, as
well as the cost of damage repairs, or any repairs necessitated as a result of the use of the Facility
by User, shalt be deducted from the Deposit. User shall pay any deficiency upon demand.
(d) User shall not be permitted to remove the piano from the stage under any
circumstances. Additionally, the removal of ,lights from their original setting is prohibited.
Changing of the original positioning or focusing of.the lighting equipment or reprogramming of
the lighting computer can only be done with the City's prior written approval and supervision. If
any such changes are made with City's permission, User shall pay for any technical labor involved
in returning the equipment to its original standard design. Any violation of this section may result
in the immediate termination of this Agreement and will subject User to liability for all damages
arising from, or in connection with, said violation.
(e) The City shall have the right to enter upon the Facility at any time during the Use
Period or the Term, as it deems necessary.
9. AUDIT AND INSPECTION RIGHTS: The City may, at reasonable times, and for a
period of up to three (3) years following the expiration of the Term, audit, or cause to be audited,
those books and records of User which are related to this Agreement. User agrees to maintain all
such books and records at its principal .place of business for a period of three (3) years after
expiration of the Term.
10. PUBLIC RECORDS: User understands that the public shall have access, at all
reasonable times, to all documents and information pertaining to City contracts, subject to the
provisions of Chapter.119, Florida Statutes, and agrees to allow access by the City and the public
to all documents subject to disclosure under applicable law. User's failure or refusal to comply
with the provisions of this section shall result in the immediate termination of this Agreement by
the City.
11. COMPLIANCE WITH APPLICABLE LAWS AND RULES AND REGULATIONS:
User agrees to obtain all required licenses and permits and to abide by and comply with all
applicable federal, state, and local laws, rules, regulations, codes and ordinances in the use of.the
Facility and/or presentation of an Event. By execution of this Agreement, User acknowledges that
it has received and fully understands the "Rules and Regulations for Use of. City of Miatni
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.
5
12. MUTUAL INDEMNIFICATION -AND HOLD HARMLESS: To -the. extent
-permitted by Section 768.28, PleridaStatutes, and any .other applicable Florida law, and without
waiving -their respective rights. olsovereigri immunity, the City and the User shall each indemnify
.and hold harmless the other, and their respectiveofficers, employees, agents, and instrumentalities
from any and all liabilities, loSses, or dainages, Which' the City OrUser, or their respective officers,
employees, agents, or instrumentalities may Incur as'a result of claims, deMands,- suits, causes of
actions, or proceeding of .any kind or nature arising out --4.relating to, or resulting from the
negligent or intentional acts or 'omissions of the City or User, or their. respective • officers,
employees, agents, or instrumentalities: arising out of, 'relating to, or resulting.. from the parties'
respective Obligations and perforinance under this Aereernent., No party to this Agreement shall
seek or obtain attorney's fees or'ccsts for the defense of claims arising out of, relating to or resulting
from the:negligent or intentional 'acts or omissions Of the City or User, or their respective officers,
employees, agents, or instrumentalities arising out of, relating to, or resulting from the performance
of this Agreement.
13. RISK User understands and agrees that the Cityshail.not boliable for any -
loss, injuryor.damage to any personal property .or equipment brought into the Facility by User or:
by anyone whomsoever, during the time that the -FOUR); is under .the contra!' of, or occupied by
the User. All personal property placed o moved in Ethe 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 FaeilitY, 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
NI 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 l3". The City reserves the right to solicit from the user copies of any and all insurance
policies and contsponding 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 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
6
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 duo 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 Vibe 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 anevent 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 eventof its damage due to
fire, windstorm, catastrophe or other net 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, not of foreign enemies, events in foreign countries that affeot 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.
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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 nay 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 snail
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, whicheveris .earlier.
TO USER:
Ms. Lourdes Lopez
South Miami K-8 Center
6800 SW 60th Street
Miami, FL 33143
WITH COPY TO:
Alberto Carvalho, Sunerintendent,
The School Board of Miami -Dade County
1450 NE Second Avenue, Suite 912
Miami, FL 33132
Walter Harvey
School Board Attorney
1450 NE Second Avenue, Suite 430
Miami, FL 33132
8
TO THE CITY:
Arthur Noriega V
City Manager
444 SW 2" Avenue, 10th Floor
Miami, FL 33130
Victoria Mendez
City Attorney
444 SW 2"d Avenue, Ste. 945,
Miami, FL 33130
20. MISCELLANEODUS 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 shalt be construed and enforced according to the laws of the State
of Florida and each partyshall be responsible for its own attorney's fees. Venue for the resolution
of any disputes, including litigation, shall be in Miami -Dade County, Florida.
(e) Title and paragraph headings are for convenient reference and are not a part of this
Agreement.
(d) No waiver or breach of any provision of this Agreement shall constitute a waiver
of any subsequent breach of the same or any other provision hereof, and no waiver shall be
effective unless made in writing.
(e) Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida or the City of Miami, such provision,
paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to
conform with such laws, or if not modifiable, then same shall be deemed severable, and in either
event, the remaining terms and provisions.of this Agreement shall remain unmodified and in full
force and effect or limitation of its use.
(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 incorporatedherein 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. This Agreement may be signed by digital or electronic means and
be considered an original as described herein.
23. INSPECTIONS: The User will allow City inspectors, agents or representatives the ability
to monitor its compliance with safety precautions as required by federal, state or local laws, rules,
regulations and ordinances. By performing these inspections, the .City, its agents, or
representatives are not assuming any liability by virtue of these laws, rules, regulations, and
ordinances. The User shall have no recourse against the City, its agents, or representatives from
9
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 :inspeetion(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, andany 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 andfrom the United States as promulgated by the U.S.
Department of Treasury, Office of Foreign Assets Control ("OFAC") and the U.S. Department of
State.
Violation of any federal,state and local law shall subject the User to immediate
cancellation of this Agreement.
26. CHALLENGE OF EVENT (DATE (S):
Another potential user may challenge an existing reservation for an Event ("Challenger"), in
writing to the Theater, when the first User with such existing reservation has paid the associated
deposit but the contract for such event has not yetbeen.fully executed ("Challenge"). In this event,
the Challengershall furnish a challengepayment of seven hundred forty nine dollars ($749.00) per
day the first User has an existing reservation, in addition to the total amount due to Theater for the
Challenger's .proposed event, .inclusive of all associated rehearsals, Additional Fees, etc.
("Challenge. Payment"), to be retained by Theater. Simultaneously, User with an existing
reservation has no later than two (2) weeks from the date of the Challenge to return an executed
contract with prepayment in full for the Event. If these two (2) weeks pass without the first User
executing the contract and tendering payment in full for the Event, the Challenger shall be entitled
to such reservation and the Theater shall keep such prepayment in full. In the event that the first
User submits the executed contract and payment in full for the Event, the Challenge Payment shall
be returned in full to the Challenger.
10
27. COVID-19 PROTOCOLS: User hereby acknowledges and confirms its commitment to
holding the Event in a safe and hygienic manner and User shall take reasonable measures to protect
its staff, agents, invitees and others from the spread of COVID-19 and other infections and
diseases. User shall implement its own safety protocols and utilize measures during the entire Term
for the safe and hygienic preparation, operation, and dismantling of the Event. Additionally, User
has executed the attached Release included as Exhibit "D" in furtherance of User's commitment
to combat the spread of COVID-19. Notwithstanding any language contained in this Agreement
to the contrary, the City .expressly retains all rights and benefits of sovereign immunity in
accordance with Section 768.28, Florida Statutes (2022). Nothing in this Agreement shall be
deemed as a waiver of sovereign immunity or as increasing the City's liability beyond any statutory
limitation of liability.
28. AUTHORITY TO EXECUTE: The below signatory represents and warrants that it
has full authority to enter into, deliver, and perform under this -Agreement, and that ail acts and
actions have been taken to grant such authority, and that no third -party consent, which has not
already been obtained, is required. User further represents and warrants that the below signatory
is authorized to execute this Agreement on its behalf.
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.
ATTEST:
TODD B. HtNNDD
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
VL Ok1 MENDEZ
City Attorney
12
CITY OF MIAMI, a municipal corporation
Of the State of Florida
ARTHUR NORIEGA V.
City Manager
APPROVED AS TO INSUR NC
REQUIREMENTS:
ANN-MARIE Si-IARPE Director
Division of Ric Management
"USER"
SUBMITTED BY:
Signature Date
Regio al S por(ntend n iv sion
(as pplIcab►e)
Signetu
/P4/PD
Date
Office of Grants Administration Signature Date
(as applicable)
NOTE: Signature of Aesistant Superintendent for the Office or
IntergovernmontelAffehi and t3ranta Adminlatration required ONLY for contracts
financed from Contracted Programs Funds (Pert V).
THE SCHOOL BOARD OF MIAMI-DADE COUNTY,
FLORIDA
BY; a -' .''r C - �'"""'r • Signature
perintendent-of-Schools-or Designee)
Jai:Mt t':, C4. TT.)
1•
(Name Typed)
Date: r (s /oz.
APPROVED AS TO RISK AND BENEFITS
(as to the School Board);
Digitally signed by Jorge L. Davila
Location; Office of Risk and
Benefits Management
Date: 2022.01.28 15;52;06 -05'00'
Risk Management Signature
Date
APPROVED S TO PROCUREMENT AUTHORITY
s to the chool Board):
• <<'0.4
1/31/2022
Procurement Managt V7 Signature Date
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
(as to the School Board):
e -P
Schet Board Attomey Signature
2/1/2022
Date
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 —instrumental
Consumer Shows
Dance Competitions
Dance Recital
TULIP Rating Schedule
Daily Attendees
(Spectators/Participants)
A. 1 - 100
B. 101 - 500
C. 501 -1,500
Rn[ly 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
S6ances
Seminars
Social Receptions
Speaking Engagements
Story Teller
'Symphony Concerts
Teleconferences
Telethons
Voter Registration
A. Total Event Rates (1-4 Days)
Class I Class II Class III
$75.00
100.00
150.00
$100.00
135.00
185.00
$150.00
200.00
310.00
B. Total Event Rates (5 or More Days)
Class I Class II Class III
$95.00
140,00
235.00
$170.00
215.00
355.00
$300.00
360,00
455.00
* Add 10% to the premium,foreach Additional Insured (other than the programs sponsor. and venue), up
toa maximum of $1,000,00.
Handling Fee: $35.00
14
TULIP Chas Two Events
Bingo Denies
Carnivela -;.SchoelEvents with no mechanical
Christmas.Tree Lighting
Clown.- No Motorized Vehicles
Comedians
Cencet19:-.50% Otro 70's or 80's Music
Concerts.-Bloosslo
Concerts- Ccicetit Music
.Concerts-..pnge Music
Concerts
Concerto- Motown
Concerts Seul.Mnolc
pogi Cat,. ski*. $...Q0ier..Porttestk.ApIrnatShows/Events
FestivolOontlC41001*Outi*,7104nOro'...
Imperannato.r.,,c001#1*..or.17101Kaigigracter
Impressionist
inggiera.(No Pyro)
Magician
Marlac1i1 Band
Scheel Bend. Competitions or.Events
Union Meeting
TULIP Ratline Schedule
A. Total Event Rates (14 Dap)
Pally Attendees Class I Class II Class m
(Spectators/Participants)
' .
A. .1 - 100 $75.00 s 100.00 $150,00
B. 101 - 500 I00.00 135.00 200.00
C. 501 - 1,500 150.00 185.00 310.00
Daily Attendees
(Spectators/Participants)
A. 1 - 100
B. 1.01 500
C. 501 - 1,500
B. Total Event Rates (5 orMorePRO
.Class I . .4i/esti Clot:gin
$95,00 .$0.0.00 VOA
1.40.00 .2 0,09 • 30040
235,00 35$.00 455.60
* Add 10% to the premium ter each AdclItionattnsured (ether t1lart theiprograrns,sPonsor and venue), up
to aniaxththn�tLO0OM0.
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
A. Total Event Rates,(1-4 Days)
Daily Attendees Class I Class II Class III
(Spectators/Participants)
A. 1 - 100 $75.00 $100.00 $150.00
B. 101- 500 100,00 135,00 200.00
C. 501 - 1,500 150.00 185.00 310.00
B. Total Event Rates (5 or More. Days)
Daily Attendees Class I Class It Class Ill
(Spectators/Participants)
A. 1 100 $95.00 $170.00 $300.00
B. 101- 500 140.00 215.00 36.0.00
C. 501 -1,500 235.00 355.00 455.00
* Add 10%tothe 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
•"MMIT
INSURANCE REQUIREMENTS- SPECIAL EVENTS INSURANCE
I. Commercial General Liability
A. Limit,l,orijabijity
injury and Property Damage Liability
Each pccumncp St,pop„ogo
Gene* Agog* Limit $:7,o9pAgo
Pro40.0 OMPleted,Operations
Personal. and Adv, Injury
B„ EntiorgOmeults gctinired
City of Miami 44044 as an additional insured (Endorsement is requ(red)
Pr.oaiyt**0 Clause
000004 ock:ccotoppootowty
Premises 04:01*0100,:uttbliity
11. Business 44041.000 tiabiwy (tfApplkabk)
A. Limits pf
Dodo 1,0kity and Property Damage Liability
Combined slngle Limit
Burrowed or NonnOwuedi Autos
Any One ::$00,000
B. Endorsements Required
City of Miami included as an Additional Insured
In. Worker's CoraPeasation r
Limits.of
Statutory -State of Florida
Employer's Liability
C. Limits of Liability
$100,000 for bodily rnjuiy caused by an accident, each accident
$100,000 for bodily injury caused by disease, each employee
$500,00 for bodily injury caused by disease, Polley Limit
iv. Host Bottor/Lktuor OE APPLICABLE)
D. Limits of Liability
Each occurrence
Aggregate
CABLE)
17
$LOW=
S1,000,000
The Department of Risk Management reserves the right to solicit additional. coverage or
higher limits Of liability as may be applicable.
The aboye 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,
shallissue all insurance policies required above:
The company must be rated no less than"A-" as to Managements and no less than "Class
V" as to Financial Strength, by the latest edition ofBest'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.
"EXHIBIT C"
In House Equipment')
.Sound System
Control: l Allen &Heath — ML3000-32 System
1 Cassette Player
1 Nuinark Dual CD Player
Speakers: 2 Sound Physics Labs=TDlsub Dual 12" subwoofer
3 Sound Physics Labs-TD) 3-way full range loudspeakers
7 Tannoy V-8 8"dual concentric loudspeakers
(balcony & under balcony)
4 Tannoy V-.12 12" duet concentric Loudspeakers
(stage monitors)
Accessories:
6 AKGD770 handheld microphones.
Light System,
5 CYC
2 Comet Follow Spots
17 PAR64
13 Altam.360Q (6" x 9")
20 Aitam:360Q(6" x 12")
22 Allman 360 Q (6" x 16")
4' Not ali equiprnent may be"available on the date of the event.
18
TldtetS®les
Cost Unit Units Total
Profit 2 Hours or less $ 420.00
1 $ 420.00
Rehearsal
Cost Unit Units Total
non event date after 5pm $ 210.00
on event day 4 hours or less $ 105.00
RehearsalCieanIn
8 hours or less $ $
Additional Hour $ 52.50 $ -
In•kouaesound or Li Te
ht chnician
Cost Unit Units Total
No tech $ 300.00
Rehearsal 4 hrs or less Tech1 $ 100.00
420.00
$ 210.00
$ 100.00
Theater Rental Subtotal
Tax 7%
Theater Rental Total
Setup and Dbmantie
Cost Unit Units Total
1,150,00
$ 80.50
1,230.50
Extra E.0!. ment
Cost Unit
Wireless Mic (Max2) $ 50.00
t.avaliers (Max2) $ 50.00
(2) Spot tights $ -
Mfni Plaza / Event $ 5250
Total
I>escrI • tfon
Clean! Crew Event
Theater Cleanirr_
Additional Ex.enses
Cost Unit
$ 120.00
$ 301.00
19
Total
Techs
$
300.00
300,00
600.00
Units Total
2 $ 100.00
2 $ 100 00
2
1 $ 52,50
$ 252,50
Unit
1
1
Extras
Total
Rental
Total
$ 120.00
$ 301.00
$ 673.50
S _ 2,504.00
Exhibit"D"
RELEASE OF LIABILITY RELATING TO CORONAVIRUS:
I am aware of the novel coronavirus, ("COVID-19"), which has been declared a worldwide pandemic by
the World Health Organization. COVID-19 Is extremely contagious and is believed to spread mainly
from person -to -person contact. As a result, federal, state, and local governments and federal and. state
healthagencies recommend physical distancing and have, in many locations, prohibited the congregation
of groups and people.
The City of Miami encourages preventative measures to reduce the spread of COVID-19. The City cannot
guarantee that you, your business; your employees, client, contractors, guests, invitees, or any other person
that may utilize the Facility, will riot become infected with COVID-19. Further, attending or hosting any
event in the Facility could increase my risk and/or any attendees of my Event and/or employed by myself
or the company, of contracting COVID-19.
I acknowledge that the circumstances regarding COVID-19 are changing from. day to day and much
information regarding COVID-19 is still unknown, I fully understand and appreciate both the known arid
"unknown potential dangers of utilizing the City's Facility. I acknowledge that myuse Of any City facilities
and services despite' the City's reasonable efforts to .rnitigate such ,dangers, may result, in exposure to
COVID-19, which could result in quarantine requirements, serious illness, disability, and/or death. By
signing .this release, I acknowledge the contagious nature of COVID-19 and voluntarily release the City
from any liability if 1 or -any invitee, employee, attendee ofthe Event ifexposed to; Or infected by, COVID-
19by utilizing any City facilities or services.
I hereby RELEASE, WAIVE, DISCHARGE, INDEMNIFY, HOLD HARMLESS AND PROMISE
NOT TO SUE the City, any of its employees, agents, representatives, volunteers, or contractors from and
against any and all liability to myself, my employees, my clients, my invitees, and any personal
representatives, assigns, heirs, and next of kin and any claim or demands on account of any property damage
or Injury, illness, death of, myself, my child, any personal representatives, assigns, heirs, and next of kin as
a result of exposure to or infection with COVID-19, whether caused by negligence of the City or otherwise.
I VOLUNTARILY ACCEPT SOLE RESPONSIBILITY FOR ANY INJURY TO MYSELF,
EMPLOYEES, OR ATTENDEES, including, but not limited to, personal injury, disability, death, illness,
damage, loss, claim, liability, or expense of any kind, that may be experienced or incurred in connection
with my Event. On behalf of the School Board of Miami -Dade County, by and through the South Miami
K-8 Center and on behalf of my employees, 1 understand and agree That this release includes any claims
based on .the actions, omissions, or negligence of the City, its employees, agents and representatives,
whether a COVID-19 infection occurs before, during, or atier participation in any City program or facility.
Print Name & Title:
Date:
20
2 35S'3