HomeMy WebLinkAboutR-99-0023J-99-30
1.2/28/98
RESOLUTION NO. i'q9 203
A RESOLUTION, RELATING TO THE "CARNAVAL
NIGHT" CONCERT TO BE HELD MARCH 6, 1999, AT
THE ORANGE BOWL STADIUM AND PRESENTED BY
THE KIWANIS CLUB OF LITTLE HAVANA;
AUTHORIZING A CAP ON THE USER FEE IN THE
AMOUNT OF $12,500 FOR SAID EVENT; SAID
AUTHORIZATION CONDITIONED UPON: THE
ORGANIZERS PAYING FOR ALL OTHER NECESSARY
COSTS OF CITY SERVICES AND APPLICABLE FEES
ASSOCIATED WITH SAID EVENT; OBTAINING
INSURANCE TO PROTECT THE CITY IN THE AMOUNT
AS PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE; AND COMPLYING WITH ALL CONDITIONS
AND LIMITATIONS AS MAY BE PRESCRIBED BY THE
CITY MANAGER OR HIS DESIGNEE; FURTHER
CONDITIONED UPON THE CITY OF MIAMI
RECEIVING A TICKET SURCHARGE ON EACH PAID
ADMISSION, AS MORE SPECIFICALLY SET FORTH
IN THE ATTACHED AGREEMENT, AND RETAINING
ALL REVENUES DERIVED FROM FOOD, BEVERAGE,
AND PARKING CONCESSIONS; AUTHORIZING THE
CITY MANAGER TO EXECUTE A USE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH THE
LITTLE HAVANA KIWANIS CLUB FOR THE
HEREINABOVE PURPOSE.
WHEREAS, The Kiwanis Club of Little Havana has successfully
presented "Carnaval Night" at the Orange Bowl Stadium for the
past several years; and
WHEREAS, the "Carnaval Night" concert, which is an integral
part of the annual Calle Ocho Open House celebration, is
scheduled for March 6, 1999, and is anticipated to generate
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revenues for the City of Miami in excess of $40,000; and
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BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
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FLORIDA:
Section 1. A cap on the user fee, in an amount not to
exceed $12,500, for use of the Orange Bowl Stadium ("Stadium")
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for the "Carvanal Night" Concert to be presented at. said Stadium
on March 6, 1998 by the Little Havana Kiwanis Club, is hereby
authorized.
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Section 2. The herein authorization is hereby
conditioned upon: the organizers paying all necessary costs of
City services and applicable fees associated with said event,
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obtaining insurance to protect the City in the amount as
prescribed by the City Manager or designee, and complying with
all conditions and limitations as may be prescribed by the City
Manager or designee.
Section 3. The herein authorization is further
conditioned upon: the City of Miami receiving a ticket surcharge
on each paid admission, as more specifically set forth in the
attached Use Agreement ("Agreement"), and retaining all revenues
derived from food, beverage, and parking concessions.
Section 4. The City Manager is hereby authorized to
execute a Use Agreement, in substantially the attached form, with
2
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Little Havana Kiwanis Club, for said
Purpose. r.
Section 4. This Resolution
shall become effective '
immediately upon its adoption and signature of the Mayorl/.
PASSED AND ADOPTED this 12th
—�-- dad' of January
1999. t
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JOB CAROLLO, MAYOR
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In accordance with Miami Code Sec, 2-36, since k
this legislation b the Ra ',ror did not hdic4ts ao2mval of �
�' signing it in the designated +� le - becomes effective with the elapse of ten (iQ) da �. 'c �,rovid=, saint lecr;lctic,l ,not°r
ATTEST: regarding same, without the Mayor exercisin a y from the d,"e of Corr issicn action F
eto,
1h' Ite
WALTER FOEMAN any City Clerk .
CITY CLERK �n
�e
APPROVED
r; 4 AND CORRECTNESS :
RE LLO
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If the Mayor does not sign this Resolution
at
the end of ten calendar days from the date �ittwas pashall become effective if the Mayor vetoes this Resolution it shall become Passed and adopted. f `
effective immediately
upon override of the veto by the City Commission.
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This Agreement is entered into this , day of , 199_ and between the
City of Miami, a municipal corporation of the State of Florida ("City") and Kiwanis Club of
Little Havana, Inc., hereinafter referred to as the "User".
In consideration of the mutual covenants and promises herein contained, the City hereby
grants to User the right, privilege and permission to enter into and upon the municipal facility
owned by the City and knoxvn as the Miami Orange Bowl Memorial (the "Facility") for the
Permitted Use and during the Use Period. as the terms are hereinafter defined, subject the terms
and conditions set forth in this Agreement.
1. TERM: The term of this Agreement shall be commence upon full execution hereof
and shall terminate upon fulfillment of all the responsibilities and obligations of the parties
hereunder.
2. PERMITTED USE: User shall be permitted to enter the Facility for the purpose of
presenting "Carnaval Night concert (the "Event") during the Use Period and for no other
purpose.
3. USE PERIOD: The Use Period ("Use Period") shall consist of the periods for set-
up and dismantling and for presentation of the Event. There shall be one (1) presentation of the
Event, on the 6th day of March.., 1999. The period for presentation shall commence at 7:00 a.m.,
and shall terminate at 12:00. a.m., on the day of the Event. Unless otherwise agreed by the
Stadium Supervisor, the set-up period shall commence no earlier than 7:00 a.m. one (3) days
prior to the Event period, and dismantling shall begin immediately upon the conclusion of the
Event and conclude within twenty-four (24) hours thereafter. Should User require a longer
period for set-up and dismantle, or should User requires services outside normal City working
hours, the same may be allowed by the Stadium Supervisor, in consideration of an additional
fee.
4. USE FEE: The Use Fee shall be the sum total of the Basic Use Fee, the Ticket j
Surcharge, and the Additional Charges.
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A. The Basic Use Fee ("Basic Use Fee") for the use of the Facility for the Event shall
be the greater of $5,000 or 10% of gross admission price, exclusive of federal, state or locally
imposed taxes payable upon the admission price. Basic Use Fee shall have a cap of $12,500.
B. The Ticket Surcharge is based upon the actual admission price, excluding taxes.
User shall levy and collect, on behalf of the City, a Ticket Surcharge on each paid admission.
The amount of the surcharge shall be computed as follows:
Price f Admission Surchar c
$ 1.00 to $ 5.00 $0.50
$ 5.01 to $15.00 $0.75
$15.01 and over $1.00
Each printed ticket shall be itemized to show the admission price, applicable taxes, any
service charge from outside ticket agencies, and the City's ticket surcharge. User agrees to
record the Ticket Surcharge as a separate item in the statement of accounts for the Event. User
shall be responsible for the collection of the Ticket Surcharge, which shall be held by User in
trust for the City. User shall pay to the City the Ticket Surcharge upon demand, and/or as soon
as possible after the conclusion of each Event, but in no event later than the last day of the Use
Period. User shall maintain all books and records pertaining to the Event available for City's
inspection and auditing as provided herein.
C. In addition to the foregoing, the User shall pay the Additional Charges
("Additional Charges"), which shall include payment of additional services, facility equipment or
other accommodations or materials furnished to the User; all amounts due in connection with the
Permitted Use, all applicable taxes, including State of Florida sales tax, and all other amounts
due by User under this Agreement.
5. PAYMENT OF USEFEE: User agrees to pay to the City the Use Fee as follows:
A. Reservation Denosit: The Reservation Deposit shall be an amount equal to 50 %
of the Use Fee, and shall be paid upon execution of this Agreement, and as a condition to its
effectiveness. The Reservation Deposit shall be non-refundable, except where the Event is
canceled by the City under Section 22 A, below, or as a result of force majeure.
B. Balance of Use, Fee: The balance of the Use Fee shall be paid on or before the
presentation of the Event.
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C. Form ofPayxW : All payments form User to City shall be by cashier's or
certified check drawn on a local bank. User understands and agrees that the Stadium Supervisor,
at his/her option, shall have the right to demand payment of all amounts due to the City at the
time of the closing of the ticket gates for the Event. The moneys that are on hand, or held at all
remote ticket outlets, shall be deemed to be "on premises gate receipts" and shall be available to
the City to be applied against all amounts due the City.
6. 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 $2,500.00, to be held by the City
throughout the Use Period. The Deposit shall secure User's performance under this Agreement
and full payment of all amounts due hereunder, including the cost of any damage repairs,
replacement or restoration, payment of any Additional Charges; or to defray any other unusual
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but reasonable expense borne by the City as a consequence of presentation of the Event. The
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City shall return the Deposit, or the unexpended portion thereof, to the User upon full satisfaction
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of all of User's obligations hereunder.
7. EVENT PERSONNEL, UTILITIES AND SUPPLIES: Except as otherwise
specifically provided, User shall be responsible for the staffing of the Event and shall pay, as an
'
Additional Charge, all charges .for utilities, supplies or other services, required in connection
therewith, which include.
A. sent Personnel: User shall furnish, at its sole expense, the Event Personnel
"Event Personnel")
, ), which includes ticket sellers, ticket takers, ushering staff, stagehands,
spotlight operators, musicians, projectionists, box office personnel, installation personnel, etc.
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Event Personnel also includes City personnel, which shall be provided by the City at User's cost
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and expense, if in the estimation of the Stadium Supervisor such personnel is required (the "City
Event Staff") City Event Staff includes, but is not limited to, event supervisor, janitorial staff,
office attendants, groundsmen, elevator operators, technicians, security staff, and all other
personnel necessary for the proper conduct of the Event. When such personnel is required, the
Director shall, at least 72 hours prior to the commencement of the Use Period, advise User of
such requirement, including the estimated hours of work and rates of pay of City Event Staff.
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User agrees to pay the City Event Staff for its services, and shall be responsible for keeping
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proper employee records and for the issuance of W-2 and 1099 statements for tax purposes, in
accordance with federal, state and/or local laws.
B. Police: User shall be responsible for payment of police services required
for the Event. The Stadium Supervisor, after full discussion with the User concerning the type of
Event and related activities, shall contact the City's Police Department to ascertain the level of
police and/or other security staffing necessary for adequate crowd control, traffic circulation, and
safety and/or other required security prior to, during and after the Event. At least 72 days prior to
the Event, the Stadium Supervisor shall advise User or the security requirements, including an
estimate of the number of security personnel required, the estimated hours of work and
applicable rates of pay. User shall be responsible for the direct payment for police services upon
conclusion of the Event.
If, during the course of the Event, the City determines that security for the Event is
insufficient for proper crowd control, then the City may summon such additional officers as are
deemed necessary. User shall be responsible for payment of such additional security at the
applicable rate, which shall be the rate normally charged for such officer, depending on factors
such as whether the officer is off -duty or working overtime. In the event that off -duty police
officers are summoned, then. the compensation shall be based on the greater of four (4) hours or
the actual time devoted to the Event, including "administrative" time, such as time devoted to
booking prisoners, etc. Payment of additional security shall be made upon the conclusion of the
Event.
C. �i g: Not later than 15 days prior to the commencement of the Use Period, User
shall provide two (2) copies of a diagram/floor plan of the proposed Event layout to the office of
Fire Department Flans Examiner, 444 S.)Y-,P Avenue. loth Floor. Miami. Fl 33130. Similarly,
not later than ten (10) days prior to the commencement of the Use Period User shall obtain and
deliver to the Director an Assembly Permit, and such other permits as may be required by the
City relative to the Event. Fire depatiment manpower requirements for the Event shall be as
stipulated by the Fire Marshall and approved by the Stadium Supervisor.
D. Additional Utiliti, Services and Equipment: User shall pay to the City, as
an Additional Charge, the prevailing fee charged by the City for any utilities (such as electricity,
air conditioning and water), or for other services provided by the City at the request of User, such
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proper employee records and for the issuance of W-2 and 1099 statements for tax purposes, in
accordance with federal, state and/or local laws.
B. F-Qat: User shall be responsible for payment of police services required
for the Event. The Stadium Supervisor, after full discussion with the User concerning the type of
Event and related activities, shall contact the City's Police Department to ascertain the level of
police and/or other security staffing necessary for adequate crowd control, traffic circulation, and
safety and/or other required security prior to, during and after the Event. At least 72 days prior to
the Event, the Stadium Supervisor shall advise User or the security requirements, including an
estimate of the number of security personnel required, the estimated hours of work and
applicable rates of pay. User shall be responsible for the direct payment for police services upon
conclusion of the Event.
If, during the course of the Event, the City determines that security for the Event is
insufficient for proper crowd control, then the City may summon such additional officers as are
deemed necessary. User shall be responsible for payment of such additional security at the
applicable rate, which shall be the rate normally charged for such officer, depending on factors
such as whether the officer is off -duty or working overtime. In the event that off -duty police
officers are summoned, then the compensation shall be based on the greater of four (4) hours or
the actual time devoted to the Event, including "administrative" time, such as time devoted to
booking prisoners, etc. Payment of additional security shall be made upon the conclusion of the
Event.
C. DM Not later than 15 days prior to the commencement of the Use Period, User
shall provide two (2) copies of a diagram/floor plan of the proposed Event layout to the office of
Fire Department Plans Examiner, 444 S.W. 2� Avenue. loth Floor Miami Fl 33130, Similarly,
not later than ten (10) days prior to the commencement of the Use Period User shall obtain and
deliver to the Director an Assembly Permit, and such other permits as may be required by the
City relative to the Event. Fire department manpower requirements for the Event shall be as
stipulated by the Fire Marshall and approved by the Stadium Supervisor.
D. Additionai C1ti1_ ities, Services andEquipment: User shall pay to the City, as
an Additional Charge, the prevailing fee charged by the City for any utilities (such as electricity,
air conditioning and water), or for other services provided by the City at the request of User, such
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as the services of groundsmen, technicians and other City personnel for services rendered outside
of normal City working hours, including: setup and/or dismantled.
F. _CD5 ConflrtmHtlon: At least five (5) days prior to the Use Period, the City shall
provide to the User a "Cost Confirmation" sheet which shall describe, to the extent known and
available, the Additional Charges. User shall pay the Additional Charges at least three (3) days
prior to the Use Period. User understands and agrees that the Cost Confirmation represents the
City's good faith estimate of the additional charges, but the same may change in accordance with
the provisions of this Agreement.
8. UNION REOUI -EME.N—T-5: User shall ensure compliance with all necessary
union requirements (if applicable) in connection with the personnel and services engaged for
presentation of the Event. The City shall use its best efforts to inform User of the terms of any
trade or employee union agreement, written or oral, affecting all relevant personnel or services
used in connection with the Event.
9. PA ING: The City shall provide and control all parking for the Evert. The City
agrees that charges to the public shall not exceed the usual and customary charges for parking at
the Facility, unless otherwise agreed. All parking revenues and all parking rights shall belong to
the City. If parking revenues are less than the cost to the City of operating the parking
facility(ies) for the Event, then User shall pay to the City the difference as an Additional Charge.
10. ATTENDANCE LIMITATION: A maximum attendance of 30,000 persons will be
permitted for the Event. User represents and warrants that no more than 30,000 number of
tickets will be printed.
11. ADMISSION AND TICKET: All entry to the Facility on the Event date(s) shall be
by ticket only, purchased at the full ticket price established by the User, except for employees of
User and City whose presence is required for the presentation of the Event and who have
received passes issued by User, or as otherwise provided by this Agreement.
All tickets shall be printed by a bonded printer, if feasible, and listed on a ticket manifest
The ticket manifest, which shall specifically state the number of tickets printed and the serial
numbers, shall be presented to the Stadium Supervisor or his/her designee at the time of
execution of this Agreement. User shall prepare a complete box office statement of all admission
tickets sold or distributed as complimentary tickets
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City shall permit User to utilize a maximum of 1% of the total number of tickets which
User is authorized to have printed for each Event as Complimentary Tickets for promotional
purposes. Tickets issued in excess of the 1% limitation shall have a valuc equal to the average
ticket price offered for sale to the public and shall be included in the calculation of gross ticket
sales for determination of the Use Fee as described in Section 4 above.
12. (',ATE OPENING TIME_ Doors shall open as advertised and as approved by the City.
All tickets and advertising shall indicate opening time. The City reserves the right to change or
adjust the door opening time as it deems appropriate based on crowd control conditions.
13. CONCESSIQN RIGHTS User understands and agrees that this Agreement shall not
grant to the User any concession rights, which belong to an exclusive concessionaire for the
Facility. Accordingly, the sale of all food or beverages except by the exclusive concessionaire, is
strictly prohibited.
14. CONDIIJON OF FACILITY[RFMOVAL 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 Event.
B. User agrees to surrender the Facility to the City properly cleaned and in the same
condition existing upon User's acceptance. If the Facility is not properly cleaned to the City's
satisfaction, then the City shall have the right to invoice the User for such additional cleaning.
The cost of additional cleaning, as well as the cost of damage repairs, or any repairs necessitated
as a result of the use of the Facility by User, shall be deducted from the Deposit. Any deficiency
shall be paid by User upon demand.
C. The City shall have the right to remove from the Facility, at User's cost and
expense, any effects remaining in or on the grounds of the Facility at the end of the Use Period.
Alternatively, the City may charge the User for storage, at a rate equal to the lowest use rate, per
day, for each day or part of a day that said effects remain in or on the grounds of the Facility. All
amounts due by User under this Section shall be deducted from the Deposit and any deficiency
shall be paid by User upon demand.
D. The City shall have the right to enter upon the Facility at any time during the Use
Period as it deems necessary.
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14. AXJ1211_AND INSPSTION BJS.HTS: The City may, at reasonable times, and for a
period of up to three (3) years following the expiration of the Use Period, 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 Use Period.
15. PUBLIC RFCORUS: 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 cancellation of this Agreement by
the City.
15. COMPLIANCE WITH APPLICABLE LAWS: User agrees to obtain all required
licenses and permits and to abide by and comply with all applicable laws, rules, regulations,
codes and ordinances in the use of the Facility and/or presentation of the Event.
17. RULES AND REGULATIONS FOR THE FACILITY: By execution of this
Agreement, User acknowledges that it has received and fully understands the "Rules and
Regulations for Use of City of Miami Municipal Facilities" which has been furnished to User
prior to the execution hereof. User hereby represent 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.
18. INDEMNIFICATION: User agrees to indemnify and save harmless the City,
including all the City's volunteers, agents, officers and employees, from and against any and all
claims, liabilities, losses, and causes of action, which may arise out of User's activities under this
Agreement, whether caused by any action or omission of User or any of its employees or agents,
or by any person whatsoever acting for or on its behalf. User further indemnifies the City as to
all liabilities, costs and expenses, including legal fees and costs, at all levels, incurred in the
defense and/or investigation of any such claims.
19. RISK OF LOSS: User understands and agrees that the City shall not be liable for
any loss, injury or damage to any personal property or equipment brought into the Facility by
User or anyone whomsoever, during the time that the Facility is under the control of, or occupied
by the User. All personal property placed or moved in the Facility shall be at the risk of User or
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the owner thereof. User further agrees that it shall be responsible to provide security whenever
personal property either owned or used by the. User, its employees, agents or subcontractors is
placed in the Facility, including any property or equipment necessary for set-up and dismantle,
whether or not the Facility is open to the general public.
20. INSURANCE User shall obtain, at User's expense, and keep in effect during the
term of this Agreement, general li.+.ability insurance, in a comprehensive form, in the following
insurance limit amounts:
General Aggregate: $1,000,000
Products/complete operations: $1,000,000
Personal/advertising injury: $1,000,000
Fire damage (any one fire): $ 50,000
Liquor liability (where applicable): $1,000,000
Such insurance shall be written by insurance companies which are satisfactory to the City
and which are registered to do business in the State of Florida. All policies shall be endorsed to
name the City and its directors, officers, employees and agents, as additional insured, to provide
that the City shall be given thirty (30) days advance written notice of cancellation, and shall be
written on an occurrence basis.
User shall provide to the City certificates evidencing the required insurance coverage at
least thirty (30) days prior to the commencement of the Use Period and throughout the term of
the Agreement, as the insurance policies expire. Binders are not acceptable.
21. DEFAULT: If User fails to comply with any term or condition 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
immediately, upon written 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.
22. CIT'Y'S TERMINATION RIGHTS:
A. Tersnination for Cgnvenience: The City shall have the right to terminate
this Agreement for convenience, in its sole discretion, upon at least 6 months written notice to
User. Additionally, the City shall have the right to cancel this Agreement at any time if, in the
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scheduled time, is not in the best interest of the City due to circumstances beyond the City's
reasonable control.
B. The City shall have the right to terminate this
Agreement, without notice or liability to User, upon the occurrence of an event of default, as
described in Section 21 above.
C. Qth«r Termination Rights: The City shall have the right to terminate this
Agreement in the event that the Facility is condemned, or in the event of its damage due to fire,
windstorm, catastrophe or other act of God, and the City decides, in its sole discretion, not to
repair or rebuild.
D. 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.
23. 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.
25. AS. I NNMENT: This Agreement shall not be assigned by User, in whole or in part,
without the prior written consent of the City's, which may be withheld, or conditioned, in the
City's sole discretion.
26. NQTICES: All notices or other communications required under this Agreement shall
be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return
receipt requested, addressed to the other party at the address indicated herein or to such other
address as a party may designate by giving notice in the manner herein provided. Notice shall be
deemed given on the day on which personally delivered; or, if by mail, on the fifth day after
being posted or the date of actual receipt, whichever is earlier.
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Kiwanis Club of Little Havana, Inc.
1312 SW 27th Avenue
3rd Floor
Miami, FL 33145
27. SPECIAL RA, ION&
Special Regulations:
Christina P. Abrams
City of Miami
Conferences, Conventions
and Public Facilities
User agrees to comply with each of the following
A. Be�es, There shall be no bottles or cans of any sort brought into the
Facility during the presentation
P n of the Event. User agrees to advise the public of this provision
by including this restriction in all advertisement for the Event. f
B. Lieensing Contract: User shall provide to the Director� a copy of the licensing �
contract or any other licensing documents held by User in connection with the presentation of any
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copyrighted material for the Event. User, for itself and on behalf of the artist or promoter of th
e
Event, represents and warrants to the City that all copyrighted programming to be re f p seated has f
been duly licensed or authorized by the copyright owners or their representatives. User herebyf
indemnifies and holds the City harmless from and against any and all claims,expenses
that may arise in connection with the provisions contained herein. User understands
or expenses
that the Director shall have the right to cancel any event for which it has notreceived agrees
corresponding licensing documents at least seventy (72) hours prior to gate opening time, the
C. fie• triction for i g
F eld. User agrees to restrict all vehicles from the
grass and playing field. Any exception to this restriction may only be granted by the Facility
Grounds and Turf Manager for the Facility.
D. Music Livens User shall obtain a copy of the blanket BMI and/or AAP
license in connection with the Event. User represents and warrants that all BMI and/or ASCP
fees for the concert will be paid by User and further agrees to indemnify and hold the Crt
harmless from any and all claims, losses or expenses incurred with regard thereof. y
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A. User shall identify the City in all promotional material and press releases prepared
or issued in connection with the Event. The City shall be identified as "The City of Miami,
Florida" or "Miami.
B. User shall provide to the Director fifty (50 ) promotional tickets for the event, for
the purpose of promoting the Facility.
C. This Agreement shall be construed and enforced according to the laws of the State
of Florida.
D. Title and paragraph headings are for convenient reference and are not a part of this
Agreement.
E. 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.
F. 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.
G. 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.
29. SUCCESSORS -AND ASSIGNS; This Agreement shall be binding upon the parties
hereto, their heirs, executors, legal representatives, successors, or assigns.
30. ENTIRE AGREEMENT: This instrument, together with its attachments and all other
instruments incorporated herein by reference, constitute the sole and only agreement of the
parties hereto relating to the use of the Facilities. Any prior agreements, promises, negotiations,
or representations not expressly set forth in this Agreement are of no force or effect.
CoMACLRDOC
99- 23
31. !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.
32. APPROVAL, BY OVERSIGHT BOARD: The State of Florida has appointed an
Emergency Financial Oversight Board ("Oversight Board") which is empowered to review and
approve all pending City of Miami contracts. As a result, contracts shall not be binding on the
City until such time as they have been approved by the Oversight Board. Execution of this
contract by the City Manager shall constitute evidence of its approval by the Oversight Board.
THIS AGREEMENT SHALL BE RETURNED TO THE CITY,
PROPERLY EXECUTED BY USER, BY JANUARY 15, 1999,
AT 5:00 P.M. FAILURE TO COMPLY WITH THIS
PROVISION MAY RESULT IN THE CANCELLATION OF
THIS AGREEMENT BY THE CITY AND FORFEITURE OF
ANY DEPOSIT, .ADVANCE OR PAYMENT MADE BY USER
TO RESERVE THE USE PERIOD.
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:
Walter Foeman, City Clerk
CoMACMDOC
"CITY"
CITY OF MIAMI, a municipal
corporation
By:
Donald Warshaw, City Manager
12 9J-- 3
y1�e,P�e'•.'F�'e� �,"�. ri, ^"' r"sue'% * ,Tf�."e r-� ;7/,'1Giw'� `r.�r; ''�S/;S' 1�Ct�'Ta'��7i72�n .say-,- „s,.`�39✓! c''v �n,.}i..;...Y}fY'�ii?,at.�a'�i�Ltf+i,�e�1iv r=;c�a7�-�f`�'�C�`'i� "� * t ^rr�+ �,y. r ;w✓ _ >n� ..; t< . ...r-s �r.�
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s:
"USER"
Kiwanis Club of Little Havana
Print Name:
---_—__ By:_---_
Title: Corporate SecretaryPrint Name:
Title: President
Approved as to f,Orm and
Correctness
Approved as to Insurance
Requirements
Alejandro Villarello
x 3°
City Attorney
Mario Soldevilla
Insurance Administrator
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COM:KCLH,DOC
13
NOW
CITY OF MIAMI. FLORIDA CA=27
INTER -OFFICE MEMORANDUM
TO: Honorable Mavor and Members DATE .BAN 4 1999 FILE
of the City Commission + 4:
SUBJECT: Resolution Establishing a Use Fee
for the Use of the Orange Bowl Stadium
�� :.. for "Carnival Night" on March 6, 1999
FROM: aldH�Iahaw REFERENCES:
1! n
City Manager ENCLOSURES:
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RECOMMENDATION {
It is respectfully recommended that the City Commission adopt the attached Resolution establishing
a cap of $12,500 for the Use Fee for the presentation of "Carnival Night" at the Orange Bowl
Stadium on March 6, 1999.
BACKGROUND
The Department of Conferences Conventions and Public Facilities recommends the Use Fee to be
capped at $12.500. For the last several years, the Kiwanis Club of Little Havana, Inc. (the
"Kiwanis) have presented "Carnival Night" at the Orange Bowl Stadium in March as part of their
annual festival series, which includes the Calle Ocho Open House.
The City will receive a Ticket Surcharge and retain all revenues from food and beverages and
parking, in addition to the Use Fee. The event organizers will pay for all necessary costs of City
services and applicable fees associated with the event. This event is expected to produce net
revenues to the City in excess of $40,000.
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