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Agreement with Young Musicians Unite For Miami Beach On Stage! DocuSign Envelope ID:41 F0633E-F341-43FA-8D86-1 DC1280E8640 '] DocuSign Envelope ID:823B5CB1-55E7-4544-85C2-E78913F96AE2 20 2 `I- 31 /95_ PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND YOUNG MUSICIANS UNITE FOR MIAMI BEACH ON STAGE! PROGRAMMING 4th This Professional Services Agreement I Agreement`) is entered into this day of March 2022 ( Effective Date'), between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida. 33139 (the City'). and YOUNG MUSICIANS UNITE, a Florida not for profit corporation, whose address is 1260 NW 29 ` Street #'03, Miami FL 33142("Consultant") SECTION 1 DEFINITIONS Agreement: This Agreement between the City and Consultant, including any exhibits and amendments thereto. City Manager The chief administrative officer of the City City Manager's Designee: The City staff member who is designated by the City Manager to adm nester this Agreement on behalf of the City. The City Manager s designee shall be the Tourism and Culture Department Director. Consultant For the purposes of this Agreement, Consultant shall be deemed to be an independent contractor, and not an agent or employee of the City. Services All services, work and actions by the Consultant performed or undertaken pursuant to the Agreement Fee: $14,090.00 Risk Manager. The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139. telephone number (305; 673-7000. Ext. 6435; and fax number(305)673-7023. 1 DocuSign Envelope ID:41 F0633E-F341-43FA-8D86-1 DC1 280E8640 DocuSign Envelope ID:823B5CB1-55E7-4544-85C2-E7B913F96AE2 SECTION 2 SCOPE OF SERVICES 2.1 In consideration of the Fee to be paid to Consultant by the City. Consultant shall provide the work and services described in Exhibit 'A" hereto(the 'Services"). Although Consultant may receive a schedule of the available hours to provide its Services, the City shall not control nor have the right to control the hours of the Services performed by the Consultant; where the Services are performed(although the City will provide Consultant with the appropriate location to perform the Services); when the Services are performed, including how many days a week the Services are performed; how the Services are performed, or any other aspect of the actual manner and means of accomplishing the Services provided. Notwithstanding the foregoing, all Services provided by the Consultant shall be performed in accordance with the terms and conditions set forth in Exhibit 'A" and to the reasonable satisfaction of the City Manager. If there are any questions regarding the Services to be performed. Consultant should contact the following person. Lissette Garcia Arrogante Director, Tourism and Culture 1755 Meridian Avenue, 5t" Floor Miami Beach, Fl 33139 2.2 Consultant's Services, and any deliverables incident thereto. shall be completed in accordance with the timeline and/or schedule in Exhibit "A"hereto. SECTION 3 TERM The term of this Agreement (Term") shall commence upon execution of this Agreement by all parties hereto(the Effective Date set forth on p. 1 hereof), and shall have no renewal options. to be exercised at the City Manager's sole option and discretion, by providing Consultant with written notice of same no less than thirty(30)days prior to the expiration of the initial term. Notwithstanding the Term provided herein. Consultant shall adhere to any specific timelines, schedules, dates. and or performance milestones for completion and delivery of the Services. as same is/are set forth in the timeline and1or schedule referenced in Exhibit "A" hereto. SECTION 4 FEE 4.1 In consideration of the Services to be provided, Consultant shall be compensated on a fixed fee basis, in the total amount not to exceed $14,090.00. Consultant shall receive its compensation in the following two (2) installments Payment #1- Seven Thousand and Forty-Five Dollars and No Certs ($7,045.00) To be paid upon execution of Agreement 2 DocuSign Envelope ID:41F0633E-F341-43FA-8D86-1DC1280E8640 DocuSign Envelope ID:823B5C81-55E7-4544-85C2-E7B913F96AE2 Payment #2- Seven Thousand and Forty-Five Dollars and No Cents ($7,045.00) to be paid upon completion of programming activities, as outlined in the Agreement and described above 4.2 INTENTIONALLY OMITTED 4.3 The fee is to be paid in two (2) insta;ments in the amount of $7,045 00 upon completion of the proposed services. 4.4 INVOICING Upon receipt of an acceptable and approved invoice, payment(s) shall be made within forty-five (45) days for that portion (or those portions) of the Services satisfactorily rendered (and referenced in the particular invoice). Invoices shall include a detailed description of the Services (or portions thereof) provided. and shall be submitted to the City at the following address Luis Wong. Administrative Services Manager Tourism and Culture Department 1755 Meridian Avenue, 5"' Floor Miami Beach, FL 33139 luiswong@miamibeachfl.gov With copy to: Lissette Garcia Arrogante, Director Tourism and Culture Department 1755 Meridian Avenue. 5" Floor Miami Beach. FL 33139 brandireddickgmiamibeachfl.gov SECTION 5 TERMINATION • 5.1 TERMINATION FOR CAUSE If the Consultant shall fail to fulfill in a timely manner, or otherwise violates, any of the covenants, agreements, or stipulations material to this Agreement. the City, through its City Manager shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the City shall notify the Consultant of its vio anon of the particular term(s) of this Agreement. and shall grant Consultant ten (10) days to cure such default If such default remains uncured after ten (10) days, the City may terminate this Agreement without further notice to Consultant Upon termination, the City shah be fully discharged from any and all liabilities, duties. and terms arising out of. or by virtue of. this Agreement. Notwithstanding the above, the Consultant snail not be relieved of liability to the City for damages sustained by the City for any breach of the Agreement by the Consultant. The City. at its sole option and discretion, shall be entitled to bring any and all Iegaliequltable actions that it 3 DocuSign Envelope ID:41 F0633E-F341-43FA-8D86-1 DC1280E8640 DocuSign Envelope ID:823B5CB1-55E7-4544-85C2-E7B913F96AE2 deems to be in its best interest in order to enforce the City's rights and remedies against Consultant. The City shall be entitled to recover all costs of such actions, including reasonable attorneys fees. 5.2 TERMINATION FOR CONVENIENCE OF THE CITY THE CITY MAY ALSO. THROUGH ITS CITY MANAGER, AND FOR ITS CONVENIENCE AND WITHOUT CAUSE. TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH TERMINATION, WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF SUCH NOTICE. ADDITIONALLY, IN THE EVENT OF A PUBLIC HEALTH, WELFARE OR SAFETY CONCERN, AS DETERMINED BY THE CITY MANAGER. IN THE CITY MANAGER'S SOLE DISCRETION, THE CITY MANAGER, PURSUANT TO A VERBAL OR WRITTEN NOTIFICATION TO CONSULTANT, MAY IMMEDIATELY SUSPEND THE SERVICES UNDER THIS AGREEMENT FOR A TIME CERTAIN. OR IN THE ALTERNATIVE, TERMINATE THIS AGREEMENT ON A GIVEN DATE. IF THE AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY. CONSULTANT SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE DATE OF TERMINATION: FOLLOWING WHICH THE CITY SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES. AND TERMS ARISING OUT OF. OR BY VIRTUE OF, THIS AGREEMENT 5 3 TERMINATION FOR INSOLVENCY The City also reserves the right to terminate the Agreement :n the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 5.2. SECTION 6 INDEMNIFICATION AND INSURANCE REQUIREMENTS 6.1 INDEMNIFICATION Consultant agrees :o indemnify, cefend and hold harmless the City of Miami Beach and its officers, employees, agents. and contractors from and against any and all actions (whether at law or in equity), claims, liabilities. losses, and expenses. Including. but not limited to, attorneys fees and costs. for personal. economic or body y 'njury. wrongful death, loss of or damage to property, which may arise or be alleged to have arisen from the negligent acts, errors. omissions or other wrongful conduct of the Consultant, its officers. employees. agents. contractors, or any other person or entity acting under Consultant s control or supervision. it connection with, related to, or as a result of the Consultants performance of the Services pursuant to this Agreement. To that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys fees expended by the City in the defense of such claims and losses, including appeals. The Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Consultant shall in no way limit the Consultant's responsibility to indemnify keep and save 4 DocuSign Envelope ID:41 F0633E-F341-43FA-8D86-1 DC1280E8640 DocuSign Envelope ID:823B5CB1-55E7-4544-85C2-E7B913F96AE2 harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The parties agree that one percent (1%) of the total compensation to Consultant for performance of the Services under this Agreement is the specific consideration from the City to the Consultant for the Consultants indemnity agreement. The provisions of this Section 6.1 and of this indemnification shall survive termination or expiration of this Agreement. 6.2 INSURANCE REQUIREMENTS The Consultant shall maintain and carry in full force during the Term, the following insurance. 1 Consultant General Liability, in the amount of$1.000.000; 2. Consultant Professional Liability. in the amount of$200,000; and 3. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes. The insurance must be furnished by insurance companies authorized to do business in the State of Florida. All insurance policies must be issued by companies rated no less than "B+ as to management and not less than 'Class VI as to strength by the latest edition of Best s Insurance Guide, published by A.M Best Company. Oldwick New Jersey, or its equivalent All of Consultant s certificates shall contain endorsements providing that written notice shall be given to the City at !east thirty (30) days prior to termination, cancellation or reduction in coverage in the policy. The insurance certificates for General Liability shall include the City as an additional insured and shall contain a waiver of subrogation endorsement Original certificates of insurance must be submitted to the City s Risk Manager for approval (prior to any work and/or services commencing;: and will be kept on file in the Office of the Risk Manager. The City shall have the right to obtain from the Consultant specimen copies of the insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required coverage. The Consultant is also solely responsible for obtaining and submitting all insurance certificates for any sub-consultants. Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and obligations under this section or under any other portion of this Agreement. The Consultant shall not commence any work and or services pursuant to this Agreement unti all insurance required under this section has been obtained and such insurance has been approved by the City's Risk Manager SECTION 7 LITIGATION JURISDICTIONNENUEiJURY TRIAL WAIVER This Agreement shall be construed in accordance with the laws of the State of Florida. This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County. Florida. By 5 DocuSign Envelope ID:41 F0633E-F341-43FA-8D86-1 DC1280E8640 DocuSign Envelope ID:823B5CB1-55E7-4544-85C2-E7B913F96AE2 entering into this Agreement, Consultant and the City expressly waive any rights either party may have to a trial by jury of any civil litigation related to or arising out of this Agreement. SECTION 8 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action, for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $10.000 Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of$10,000 Accordingly, and notwithstanding any other term or condition of this Agreement. Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an amount in excess of $10,000 for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida Statutes. SECTION 9 DUTY OF CARE/COMPLIANCE WITH APPLICABLE LAWS/PATENT RIGHTS; COPYRIGHT; AND CONFIDENTIAL FINDINGS 9.1 DUTY OF CARE With respect to the performance of the Services contemplated herein, Consultant she exercise that degree of skill, care, efficiency and diligence normally exercised by reasonable persons and/or recognized professionals with respect to the performance of comparable work and/or services. 9.2 COMPLIANCE WITH APPLICABLE LAWS In its performance of the Services. Consultant shall comply with all appiicable laws. ordinances and regulations of the City, Miami-Dade County. the State of Florida. and the federal government, as applicable 9.3 PATENT RIGHTS; COPYRIGHT; CONFIDENTIAL FINDINGS Any work product arising out of this Agreement, as well as all information specifications processes, data and findings, are intended to be the property of the City and shall not otherwise be made public and/or disseminated by Consultant, without the prior written consent of the City Manager, excepting any information, records etc which are required to be disclosed pursuant to Court Order and/or Florida Public Records Law 6 DocuSign Envelope ID:41 F0633E-F341-43FA-8086-1 DC1280E8640 DocuSign Envelope ID:823B5CB1-55E7-4544-85C2-E7B913F96AE2 All reports, documents, articles, devices, and/or work produced in whole or in part under this Agreement are intended to be the sole and exclusive property of the City and shall not be subject to any application for copyright or patent by or on behalf of the Consultant or its employees or sub-consultants. without the prior written consent of the City Manager. SECTION 10 GENERAL PROVISIONS 10.1 AUDIT AND INSPECTIONS Upon reasonable verbal or written notice to Consultant. and at any time during normal business hours (i.e. 9AM — 5PM. Monday through Fridays. excluding nationally recognized holidays) and as often as the City Manager may, in his/her reasonable discretion and judgment, deem necessary, there shall be made available to the City Manager, and/or such representatives as the City Manager may deem to act on the Citys behalf, to audit, examine, and/ or inspect, any and all other documents and%or records relating to all matters covered by this Agreement Consultant shall maintain any and all such records at its place of business at the address set forty ., the 'Notices'section of this Agreement 10.2 INSPECTOR GENERAL AUDIT RIGHTS A. Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the Office of the Inspector General which may, or a random basis, perform reviews, audits. nspections and investigations on ail City contracts, throughout the duration of said contracts This random audit is separate and distinct from any other audit performed by or on behalf of the City. B: The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and proposed City programs accounts, records. contracts and transactions In add bon, the Inspector General has the power to subpoena witnesses. adm;nister oaths. require the production of witnesses and monitor City projects and programs. Monitoring of an exsting City project or program may • include a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector Genera: shall have the power to audit. investigate. monitor, oversee, inspect and review operations, activities. performance and procurement process including but not limited to project design, bid specifications, (bidiproposal) submittals. activities of the Consultant. its officers, agents and employees. lobbyists. City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General (C) Upon ten (10) days written notice to the Consultant, the Consultant shall make all requested records and documents available to the Inspector General for inspection and copying. The Inspector General is empowered to retain the services of independent 7 DocuSign Envelope ID:41 F0633E-F341-43FA-8D86-1 DC1 280E8640 DocuSign Envelope ID:823B5CB1-55E7-4544-85C2-E7B913F96AE2 private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Consultant its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. (D; The Inspector General shall have the right to inspect and copy all documents anc records in the Consultant's possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project-related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract documents, back-change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. E) The Consultant shall make available at its office at all reasonable times the records. materials. and other evidence regarding the acquisition (bid preparation) and performance of this Agreement, for examination, audit, or reproduction, until three (3) years after final payment under this Agreement or for any longer period required by statute or by other clauses of this Agreement. In addition: If this Agreement is completely or partially terminated, the Consultant shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement: and ii. The Consultant shall make available records relating to appeals or to tigatior or the settlement of claims arising under or relating to this Agreement unti such appeals, litigation, or cla,r-s are finally resolved (F) The provisions in this section shall apply to the Consultant, its officers, agents. employees, subcontractors and suppliers The Consultant shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Consultant in connection with the performance of this Agreement. (G) Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Consultant or third parties. 10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING 10.3.1 Consultant shall not subcontract, assign, or transfer all or any portion of any work and/or service under this Agreement without the prior written consent of the City Manager. 8 DocuSign Envelope ID:41 F0633E-F341-43FA-8D86-1 DC1 280E8640 DocuSign Envelope ID:82385CB1-55E7-4544-85C2-E7B913F96AE2 which consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this Agreement, nor any term or provision hereof, or right hereunder. shall be assignable unless as approved pursuant to this section, and any attempt to make such assignment (unless approved)shall be void 10.3.2 Liability for Sub-Consultants and Sub-Contractors All sub-consultants or sub- contractors (if any) shall be subject to the written approval by the City Manager prior to their engagement by Consultant. Consultant shall be liable for its services, responsibilities and liabilities under this Agreement and the costs, services. responsibilities and liabilities of any approved sub-consultants or sub-contractor, and any other person or entity acting under the direction or control of Consultant (if any). In this regard, Consultant must furnish the City with all information relating to the subconsultant or sub-contractor which is requested by the City When the term "Consultant" is used in this Agreement, it shall be deemed to include any sub- consultants or sub-contractors (if any) and/or any other person or entity acting under the direction or control of Consultant(if any). 10 4 PUBLIC ENTITY CRIMES Prior to commencement of the Services, the Consultant shall file a State of Florida Form PUR 7068, Sworn Statemert under Section 287 133(3)(a) Florida Statute on Public Entity Crimes with the City's Procurement Division. 10.5 NO DISCRIMINATION In connection with the performance of the Services, the Consultant shall not exclude from participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race, color, national origin sex, age. disability, religion, income, or family status Additionally, Consultant shall comply fully with the City of Miami Beach Human Rights Ordinance, codified in Chapter 62 of the City Code as may be amended from time to time. prohibiting discrimination in employment, housing. public accommodations, and public services on account of actual or perceived race. color, national origin. religion, sex. intersexuality, gender identity. sexual orientation. marital and familia status. age. disability. ancestry, height. weight, domestic partner status. labor organizatio" membership, familial situation. or political affiliation. 10.6 CONFLICT OF INTEREST Consultant herein agrees to adhere to and be governed by all applicable Miami-Dade County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami-Dade County Code. as may be amenced from time to time. and by the City of Miami Beach Charter and Code, as may be amended from time to time, both of which are incorporated by reference as if fully set forth herein. Consultant covenants that it presently has nc interest and shall not acquire any interest. directly or indirectly, which could conflict in any manner or degree with the performance of the Services. Consultant further covenants that In the performance of this Agreement. Consultant shall not employ any person having any such Interest. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising therefrom 9 DocuSign Envelope ID:41F0633E-F341-43FA-8D86-1DC1280E8640 DocuSign Envelope ID'823B5CB1-55E7-4544-85C2-E7B913F96AE2 10.7 CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW A) Consultant shall comply with Florida Public Records a.ti under Chapter 119, Florida Statutes as may be amended from time to time (B) The term public records.' shall have the meaning set forth in Section 119.011(12), which means all documents. papers. letters, maps, books. tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. (C) Pursuant to Section 119.0701 of the Florida Statutes, if the Consultant meets the definition of 'Contractor'' as defined in Section 119.0701(1)(a). the Consultant shall: (1) Keep and maintain public records required by the City to perform the service; (2) Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law: (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract term and following completion of the Agreement if the Consulter! does not transfer the records to the City; (4) Upon completion of the Agreement, transfer, at no cost to the City, all public records in possession of the Consultant or keep and maintain public records required by the City to perform the service If the Consultant transfers all public records to the City upon completion of the Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the Agreement, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City (D) REQUEST FOR RECORDS: NONCOMPLIANCE. (1) A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Consultant of the request, and the Consultant must provide the records to the City or allow the records to be inspected or copied within a reasonable time. (2) Consultant's failure to comply with the City s request for records shall constitute a breach of this Agreement, and the City at its sole discretion. may: (1) unilaterally terminate the Agreement; (2) avail itself of the remedies set forth under the Agreement. and/or(3)avail itself of any available remedies at law or in equity. (3) A Consultant who fails to provide the public records to the City within a reasonable time may be subject to penalties under s 119.10. 10 DocuSign Envelope ID:41 F0633E-F341-43FA-8D86-1 DC1280E8640 DocuSign Envelope ID:823B5CB1-55E7-4544-85C2-E7B913F96AE2 (E) CIVIL ACTION (1) If a civil action is filed against a Consultant to compel production of public records relating to the City's contract for services. the court shall assess and award against the Consultant the reasonable costs of enforcement, including reasonable attorneys fees, if a The court determines that the Consultant unlawfully refused to comply with the public records request within a reasonable time: and b. At least 8 business days before filing the action. the plaintiff provided written notice of the public records request including a statement that the Consultant has not complied with the request, to the City and to the Consultant (2) A notice complies with subparagraph (1)(b) if it is sent to the City s custodian of public records and to the Consultant at the Consultant's address listed on its contract with the City or to the Consultant's registered agent. Such notices must be sent by common carrier delivery service or by registered. Global Express Guaranteed. or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format (3) A Consultant who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement ,i- IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES. TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO. CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADO(a)MIAMIBEACHFL.GOV PHONE: 305-673-7411 10 8 FORCE MAJEURE Al A Force Majeure event is an event that n fact causes a delay in the performance of the Consultant or the City s obligations under the Agreement, and (ii) 's beyond the reasonable control of such party unable to perform the obligation, and (:u, is not Cue to an intentional act, error omission. or negligence of such party. and (iv) could not have reasonably been foreseen and prepared for by such party at any time prior to the occurrence of the event Subject to the foregoing criteria, Force Majeure may include events such as war. civi; insurrection, riot fires epidemics. pandemics. terrorism, sabotage, explosions embargo restrictions quarantine restrictions. transportation accidents, strikes strong hurricanes or tornadoes. earthquakes, or other acts of God which prevent performance Force Majeure shall not include technological mpossibility. inclement weather or failure to secure any of the required permits pursuant to the Agreement '1 DocuSign Envelope ID:41 F0633E-F341-43FA-8D86-1 DC1280E8640 DocuSign Envelope ID:823B5C131-55E7-4544-85C2-E78913F96AE2 (B) If the City or Consultant's performance of its contractual obligations is prevented or delayed by an event believed by to be Force Majeure, such party shall immediately. upon learning of the occurrence of the event or of the commencement of any such delay. but in any case within fifteen (15) business days thereof, provide notice: (i) of the occurrence of event of Force Majeure, (ii) of the nature of the event and the cause thereof, (iii) of the anticipated impact on the Agreement, (iv) of the anticipated period of the delay, and (v) of what course of action such party plans to take in order to mitigate the detrimental effects of the event. The timely delivery of the notice of the occurrence of a Force Majeure event is a condition precedent to allowance of any relief pursuant to this section; however. receipt of such notice shall not constitute acceptance that the event claimed to be a Force Majeure event is in fact Force Majeure, and the burden of proof of the occurrence of a Force Majeure event shall be on the requesting party 1 No party hereto shall be liable for its failure to carry out its obligations under the Agreement during a period when such party is rendered unable, in whole or in part, by Force Majeure to carry out such obligations. The suspension of any of the obligations under this Agreement due to a Force Majeure event shall be of no greater scope and no longer duration than is required. The party shall use its reasonable best efforts to continue to perform its obligations hereunder to the extent such obligations are not affected or are only partially affected by the Force Majeure event, and to correct or cure the event or condition excusing performance and otherwise to remedy its inability to perform to the extent its inability to perform is the direct- result of the Force Majeure event with all reasonable dispatch. D Obligations pursuant to the Agreement that arose before the occurrence of a Force Majeure event, causing the suspension of performance, shall not be excused as a result of such occurrence unless such occurrence makes such performance not reasonably possible. The obligation to pay money in a timely manner for obligations and liabilities which matured poor to the occurrence of a Force Majeure event shall not be subject to the Force Majeure provisions. f E? Notwithstanding any other provision to the contrary herein, in the event of a Force Majeure occurrence, the City may. at the sole discretion of the City Manager, suspend the City's payment obligato-is under the Agreement, and may take such action without regard to the notice requirements herein. Additionally, in the event that an event of Force Majeure delays a party's performance under the Agreement for a time period greater than thirty (30) days, the City may. at the sole discretion of the City Manager. terminate the Agreement on a given date. by giving written notice to Consultant of such termination. If the Agreement is terminated pursuant to this section, Consultant shall be paid for any Services satisfactorily performed up to the date of termination: following which the City shall be discharged from any and all liabilities duties, and terms arising out of, or by virtue of, this Agreement. In no event will any condition of Force Majeure extend this Agreement beyond its stated term. 10.9 E-VERIFY (A Consultant shall comply with Section 448 095. Florida Statutes, "Employment Eligibll ty" ("E-Verify Statute'). as may be amended from time to time Pursuant to the E-Verify Statute. commencing on January 1. 2021. Consultant shall register with and use the E- Verify system to verify the work authorization status of all newly hired employees during the Term of the Agreement Additionally. Consultant shall expressly require any 12 DocuSign Envelope ID:41 F0633E-F341-43FA-8D86-1 DC1280E8640 DocuSign Envelope ID:823B5CB1-55E7-4544-85C2-E7B913F96AE2 subconsultant performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subconsultant during the contract Term. If Consultant enters into a contract with an approved subconsultant, the subconsultant must provide the Consultant with an affidavit stating that the subconsultant does not employ, contract with, or subcontract with an unauthorized alien. Consultant shall maintain a copy of such affidavit for the duration of the contract or such other extended period as may be required under this Agreement. B TERMINATION RIGHTS. (1) If the City has a good faith belief that Consultant has knowingly violated Section 448.09(1), Florida Statutes, the City shall terminate this Agreement with Consultant for cause, and the City shall thereafter have or owe no further obligation or liability to Consultant. (2) If the City has a good faith belief that a subconsultant has knowingly violated the foregoing Subsection 10.9(A), but the Consultant otherwise complied with such subsection, the City will promptly notify the Consultant and order the Consultant to immediately terminate the contract with the subconsultant. Consultants failure to terminate a subconsultant shall be an event of default under this Agreement. entitling City to terminate the Consultant's contract for cause. (3) A contract terminated under the foregoing Subsection (BX 1) or (BX2) is not it breach of contract and may not be considered as such. 4 r The City or Consultant or a subconsultant may file an action with the Circuit or County Court to challenge a termination under the foregoing Subsection (B)(1)or (B)(2) no later than 20 calendar days after the date on which the contract was terminated 5) If the City terminates the Agreement with Consultant under the foregoing Subsection (B)(1), Consultant may not be awarded a public contract for at least 1 year after the date of termination of this Agreement. 6 Consultant Is liable for any additional costs incurred by the City as a result of the termination of this Agreement under this Section 10.9. SECTION 11 NOTICES All notices and communications in writing required or permitted hereunder shall be delivered personally to the representatives of the Consultant and the City listed below or may be mailed by U.S Certified Mail, return receipt requested, postage prepaid. or by a nationally recognized overnight delivery service Until changed by notice, in writing, all such notices and communications shall be addressed as follows. TO CONSULTANT: Sammy Gonzalez, CEO Young Musicians Unite 1260 NW 29'" Street #103 Miami. FL 33142 TO CITY Lissette Garcia Arrogante. Director Tourism and Culture Department DocuSign Envelope ID:41 F0633E-F341-43FA-8D86-1 DC1 280E8640 DocuSign Envelope ID 823B5CB1-55E7-4544-85C2-E7B913F96AE2 1755 Meridian Avenue. 5 Floor Miami Beach. FL 33139 Notice may also be provided to any other address designated by the party to receive notice if such alternate address is provided via U.S. certified mail, return receipt requested. hand delivered. or by overnight delivery. In the event an alternate notice address is properly provided, notice shall be sent to such alternate address in addition to any other address which notice would otherwise oe sent, unless other delivery instruction as specifically provided for by the party entitled to notice Notice shall be deemed given on the date of an acknowledged receipt. or. in all other cases, on the date of receipt or refusal • SECTION 12 MISCELLANEOUS PROVISIONS 12.1 CHANGES AND ADDITIONS This Agreement cannot be modified or amended without the express written consent of the parties. No modification, amendment, or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 12.2 SEVERABILITY If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected and every other term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law 12.3 WAIVER OF BREACH A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A party's waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 12.4 JOINT PREPARATION The parties hereto acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been a joint effort of the parties, the language has been agreed to by parties to express their mutual intent and the resulting document shall not. solely as a matter of Judicial construction, be construed more severely against one of the parties than the other 12.5 ENTIRETY OF AGREEMENT The City and Consultant agree that this is the entire agreement between the parties This Agreement supersedes all prior negotiations correspondence. conversations, agreements or understandings applicable to the matters contained herein. and there are no commitments. 14 DocuSign Envelope ID:41 F0633E-F341-43FA-8D86-1 DC1280E8640 DocuSign Envelope ID:823B5CB1-55E7-4544-85C2-E7B913F96AE2 agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Title and paragraph headings are for convenient reference and are not .ntended to confer any rights or obligations upon the parties to this Agreement. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 15 DocuSign Envelope ID:41 F0633E-F341-43FA-8D86-1 DC1280E8640 DocuSign Envelope ID:823B5CB1-55E7-4544-85C2-E7B913F96AE2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officia s, as of the date first entered above FOR CITY CITY OF MIAMI BEACH, FLORIDA ATTEST r--DocuSigned by: By •--FAS.B°gDFaSG"Cc. Rafael E Granado, City Clerk Aline T Hudak, C y Manager 3/4/2022 i 12:56 PM EST Date FOR CONSULTANT YOUNG MUSCIANS UNITE ATTEST. By if - - — — — -- Tasiiima Mathis, Executive Assistant Sammy Gonzalez, CEO & Founder Print Name and Title Print Name and Tit e :;aye February 25, 2022 r, , . AS TO FORM & LANGUAGE & FOR EXECUTION 1.P-1-472. homey p�• eKy 6 DocuSign Envelope ID:41F0633E-F341-43FA-8D86-1DC1280E8640 DocuSign Envelope ID 823B5CB1-55E7-4544-85C2-E76913F96AE2 Exhibit A Scope of Services Young Musicians Unite will provide artistic services for cultural programming during the Miami Beach OnStage! Series Young Musicians Unite will launch a Rock Ensemble 50" Anniversary Concert scheduled to occur on Saturday. May 28, 2022 at the North Beach Bandshell DocuSign Envelope ID:41F0633E-F341-43FA-8D86-1DC1280E8640 DocuSign Envelope ID:823B5CB1-55E7-4544-85C2-E7B913F96AE2 YOUNMUS-01 LOURDESR ACC. RL) CERTIFICATE OF LIABILITY INSURANCE DA t9" ' 11/19/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions Or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CON PRODUCER NAMETACT Acrisure,LLC d/b/a InSource PHONE FAX 9500 South Dadeland Boulevard (MC,No Ear) (305)670-6111 (AIC,No)(305) 670-9699 4th Floor ADDRlEss email@insource-inc.com Miami,FL 33156-2867 IN S..RE R I S I AFFORDING COVERAGE NAIL a INSURER A Wesco Insurance CO. 25011 iNSJRED INSURER 8 Young Musicians Unite,Inc. INSURER C . 1260 NW 29th St. INSURER 0 Miami.FL 33142 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADM SUBR POLICY NUMBER IDPOLICY EFF POLICY ESP UNITSLTR INSO WVD_ IMMDIYYYYI IMMIDD/YYYYI A X COMMERCIAL GENERAL LIABIUTY EACH OCCURRENCE S 1.000,000 CLAIMS-MADE X OCCUR X WPP1832166-02 9/27/2021 9/27/2022 PREMI$ESOIEaEWED ircal S 100,000 MED EXP Any one woo, _S 5,000 PERSONAL&ADV INJURY S 1.000.000 GE AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE S 3.000,000 Genii. X POLICY 21ei LOC PRODUCTS_COMP/OPAGG $ 3,000,000 OTHER. SEXUAL ABUSE $ 1,000,000 A AUTOMOBILE LIABILITY LEA SINGLE LIMIT 1,000,000 LEA zrst4 tl _ • ANY AUTO WPP1832166-02 9/27/2021 9/27 2022 BODILY INJURY Per person) -$ OWNED SCHEDULED AUTOS ONLY AUTOSp Ep BODILY INJURY Per acntl-S ace TY X.AUTOS ONLY X gUN03 ONLY (Per mcent�AMAGE S $ UMBRELLA LIAR OCCUR EACH OCCURRENCE S I EXCESS LIAR CLAIMS-MADE AGGREGATE S i DED RETENTION S WORKERS COMPENSATION PER 0TH- AND EMPLOYERS'LIABILITY Y 1 N STATUTE ANY OR EXCLUDED, - NIA E EACH ACCIDENT S (Mandatory In NH) E: DISEASE•EA EMPLOYEE_S o yea desenbe under DESCRIPTION OF OPERATIONS oelow E- DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS'LOCATIONS/VEHICLES(ACORD 101,Additional Re.narss Sc hedute,/nay B.attached r more space'la motored) RE: North Beach Bandshell Performance The City of Miami Beach is included as an additional insured with respects to General Liability when required by written contract CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE I Cityof Miami Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS. 1700 Convention Center Drive Miami Beach.FL 33139 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) =; 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:41 F0633E-F341-43FA-8D86-1 DC1280E8640 DocuSign Envelope ID:823B5CB1-55E7-4544-85C2-E7B913F96AE2 YOUNMUS-01 LOURDESR Acc7fr CERTIFICATE OF LIABILITY INSURANCE OATS 11/19/2029/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S) AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER N MEACT Acrisure,LLC dlb/a InSource PH ONE No.Eat (305)670 6111 FAx No (305)670-9699 9500 South Dadeland Boulevard MI6 ESS ath Floor ADDR email@insource-inc.com Miami,FL 33156-2867 INSURER(S)AFFORDING COVERAGE NAIL INSURER A Wesco Insurance Co. 25011 NSuRED INSURER B Young Musicians Unite,Inc. INSURER C • 1260 NW 29th St INSURER 0 Miami,FL 33142I INSURER • INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADM SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR YV4D POLiCY NUMBER _-- I8858X YYYY) IMMJDOJYYYY) UNITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 5 1,000,000 CLAIMS-MADE X OCCUR WPP1832166-02 9/2712021 9/27/2022 RRA MGSESO(F.Fi rEo S 100,000 MED EXP(Any one pe sonl _S 5,000 PERSONAL 8 ADV INJURY S 1,000,000, GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE S 3.000.000 X POLICY JECT LOC PRODUCTS-COMPADP AGG ,S 3 000,000 OTHER SEXUAL ABUSE 1.000,000 A COMBINED SINGLE LIMIT 1.000,000 AUTOMOBILE LIABILITY (Eq scocieriu _S ANY AUTO WPP1832166-02 9i27.2021 912712022 BODILY PVJURY per person) -S OWNED SCHEDULED AUTOSRE� ONLY AUTOS Ep BODILY MUURY(Per a cAent) S X AUTOS ONLY X AUTOS ONLY (PI� de't)AMAGE S S UMBRELLA LIAB OCCUR EACH OCCURRENCE ,S EXCESS LIAB CLAIMS-MADE AGGREGATE _S DED RETENTIONS WORKERS COMPENSATION PER AND C- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR,PARTNER/EXECUTIVE Y/N E L EACH ACCIDENT S CERJMEn BER EXCLUDED? N I A - (Ma DQFFFIstory E L DISEASE�EA EMPLOYEE S I1 desa�be.,'der DESCRIPTION OF OPERATIONS beloW _ E. DISEASE-POLICY LIMIT S I I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IACORO 101,Additional Remarks Schedule.may be attached It more space is required) • • CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The Rhythm Foundation THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN yt ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 414625 Miami Beach,FL 33141 — AUTHORIZED REPRESENT A'vE ACORD 25(2016/03) c,1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:41F0633E-F341-43FA-8D86-1DC1280E8640 DocuSign Envelope ID:823B5CB1-55E7-4544-85C2-E7B913F96AE2 M I AM BEACH Contract/Document Routing Form _N/A —IIIEIIIIIIIIIIIIIIPSA-Young Musicians Unite-Rock Ensemble 50 Anniversary Concert N/A 'o,r s,-" &C.,7.,'e Lissette Garcia Arrogante Marcia Monserrat �. J s 411 IIType 1-Contract,amendment,change order or task order resulting from a procurement-issued competitive solicitation Type 2-Other contract,amendment,change order or task order not resulting from a procurement-issued competitive solicitation - Type 3-Independent Contractor Agreement(ICA) Type 6-Tenant Agreement El Type 4-Grant agreements with the City as the recipient Type 7-Inter-governmental agency agreement IIII Type 5-Grant agreements with the City as the grantor X Other:PSA Agreement . Professional Services Agreement-Young Musicians Unite-Rock Ensemble SO"'Anniversary Concert-On Stage r N/A N/A N/A Grant Funded- Yes X No State =edera: Other• 1 514,090 C11-9322-000353 Yes x No 2 Yes No 3 Yes No 4 I Yes No 5 Yes No 1.For contracts longer than five years,contact the Procurement Department. 2-Attach any supporting explanation needed. 3. Budget approval indicates approval for current fiscal year only. Future years are subject to City Commission approval of annual adopted operating budget. J City Commission Approved: X Yes No Resolution No.: CC Agenda tern No.• CC Meet.ng Date: 2021-31745 i If no,explain why CC approval is not required: k.egal Form Approved: X Yes I No If no,explain below why form approval is not necessary: Procurement: N/A Grants N/A c—DocuSipned y, Budget: Tameka Otto Stow rgi ptchnology: N/A ii@69fktSlf 4 Risk Management: Sonia Bridges fleet&Facilities: N/A ci.a... Human Resources: N/A 1F72E6E370111d01ttler DocuSign Envelope ID:41 F0633E-F341-43FA-8D86-1 DC1280E8640 DocuSign Envelope ID:823B5CB1-55E7.4544-85C2-E7B913F96AE2 1. Every field must be completed. If requested information is not applicable,enter NA. 2. It is advisable to confirm authority to sign,funding/account information,risk management compliance,and controlled purchases(IT or fleet/facilities)with the appropriate department prior to routing a document. 3. Attach all supporting documentation(e.g., resolutions,commission memorandums,etc.)when routing. 4. When creating workflow in DocuSign, in addition to the department head and applicable assistant/deputy city manager,make sure the individuals(or designees)indicated in the Required Compliance Approvals section below are included in the approval path. Note that compliance approvers must approve prior to ACM. 5. The City Manager does not need to sign the coversheet. 6. If you have any questions,contact the Procurement Department. When routing documents for approval by the city manager, in addition to the department head and applicable city manager, make sure the following individuals (or designees) are included in the approval path depending on each contract type. Type 1—Contract, amendment or task order for the purchase for the purchase of goods or services resulting from competitive solicitation. • Procurement(Alex Denis) • Budget(Tameka Otto Stewart) • Grants(Judy Hoanshelt)—if the purchase is grant funded • Controlled purchases- Facilities and Fleet(Adrian Morales)—if the purchase involves a facilities or vehicle item Information Technology(Frank Quintana)—if the purchase involves a technology item Type 2 —Other contract or amendment for the purchase of goods or services not resulting from a procurement- issued competitive solicitation. • Procurement(Alex Denis) • Budget(Tameka Otto Stewart). • Risk Management(Sonia Bridges) • Grants(Judy Hoanshelt)—if the purchase is grant funded • Controlled purchases— • Facilities and Fleet(Adrian Morales)—if the purchase involves a facilities or vehicle item • Information Technology(Frank Quintana)—if the purchase involves a technology item Type 3—Independent Contractor Agreements • Human Resources Director Type 4—Grant agreements when City recipient • Grants(Judy Hoanshelt) Type 5—Grant agreements when City grantor • As appropriate depending on grant type Type 6—Tenant agreements • Facilities and Fleet(Adrian Morales) Type 7—Inter-governmental agency agreement • Marcia Montserrat Any other type:Contact the Procurement Department for assistance.