Loading...
HomeMy WebLinkAboutR-99-0975J-99-1046 12/2/99 RESOLUTION NO. 5 - 975 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RELATED TO THE KING ORANGE BOWL JAMBOREE PARADE ("PARADE") TO BE CONDUCTED BY THE ORANGE BOWL COMMITTEE, INC. ("COMMITTEE") ON DECEMBER 31, 1999; PROVIDING FOR THE CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC AND ESTABLISHING A PEDESTRIAN MALL SUBJECT TO THE ISSUANCE OF REQUIRED PERMITS BY THE POLICE DEPARTMENT AND OTHER DEPARTMENTS REGULATING SUCH EVENTS; WAIVING THE APPLICABLE FEE FOR THE USE OF THE PUBLIC RIGHT-OF-WAY FOR SAID PARADE; GRANTING VENDING RIGHTS TO THE COMMITTEE CONSISTENT WITH AN AGREEMENT WITH THE BAYFRONT PARK MANAGEMENT TRUST; FURTHER ESTABLISHING AN AREA PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD OF THE PARADE, ALL SUBJECT TO AND CONTINGENT UPON THE COMMITTEE'S COMPLIANCE WITH SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY OF MIAMI, INCLUDING OBTAINING INSURANCE TO PROTECT THE CITY IN AN AMOUNT AND FORM AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. WHEREAS, the Orange Bowl Committee, Inc. ("Committee") will conduct the King Orange Bowl Jamboree Parade ("Parade") on December 31, 1999; and WHEREAS, the Committee has agreed to certain assurances related to the Bayfront Park Management Trust regarding control of vending rights and bleachers for the Parade; and WHEREAS, to ensure the safety of the participants and pedestrians attending the Parade, it is necessary to close CITY COMMISSION MEETING OF DEC 1 4 1999 Resolutiou No. certain streets to vehicular traffic and impose certain vending restrictions during specific dates and hours; and WHEREAS, the City Code, Chapter 39, Article II, specifically provides, inter alia, that Street Vending Franchises in the Downtown Miami Special Vending Districv may be displaced during designated special events occurring in the an, -a; and WHEREAS, the City Commission wishes to waive the fee for the use of the public right-of-way for special events and festivals, required pursuant to Subsection 54-3(d)(2) of the Code of the City of Miami, Florida, as amended, for said Parade; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. (a) In order to effectuate safe passage and establish a temporary pedestrian mall during the King Orange Bowl Jamboree Parade ("Parade"), the following streets are hereby closed to through vehicular traffic from 6:00 P.M. to 11:00 P.M. on December 31, 1999, as specified below: Biscayne Boulevard from Northeast 13`h Street to East Flagler Street; Flagler Street from Biscayne Boulevard to North River Drive; - 2 - 09- "� Northeast 11"' Terrace from Northeast 2na Avenue to Biscayne Boulevard; Entrance ramp to eastbound I-395 from Biscayne Boulevard at Northeast llth Terrace; North River Drive from Southwest 2na Avenue to Northwest 5th Street; South River Drive from Southwest 2na Avenue to Northwest 5th Street; and Included in the herein closure are all streets, avenues, alleys, ways and thoroughfares which intersect the enumerated areas delineated in this Section. (b) The fee for the use of the public right-of-way for said Parade is hereby waived. Section 3. Such closing of streets is subject to requisite State approval and issuance of permits by the Departments of Police, Public Works, Fire -Rescue, and such other departments as may be specified in the City Code. The permit from the Department of Police is to be issued upon the full approval of the Chief of Police after giving all due consideration to the safety and traffic needs of residents, businesses, and religious institutions in the area for entering and crossing through said arterials and upon the favorable exercise of the City Manager's judgment predicated upon all factors set forth herein. Section 4. Pursuant to the provisions of Chapter 39 of the Code of the City of Miami, Florida, as amended (the "Code"), all retail peddlers' occupational licenses issued under. the Code, shall not be valid on December 31, 1999, during the hours of - 3 VJ , 12:00 A.M. to 11:00 P.M. on the above designated streets and on all intersecting streets for two blocks in all directions ("Designated Area"). In the Designated Area, only business entities duly licensed by the City through the "Committee" specifically for this Parade will be permitted to advertise their products, sell their products, or distribute free samples to the public. Section 5. Vending rights are hereby granted to the Orange Bowl Committee, Inc., consistent with an agreement with the Bayfront Park Management Trust. Section 6. The aforementioned authorizations are hereby subject to and contingent upon the Committee's compliance with any and all conditions and limitations as may be prescribed by the Administration of the City of Miami, including obtaining insurance to protect the City in the amount and form as prescribed by the City Manager or his designee. Section 7. This Resolution shall become effective -49_ � s'�, �1 c c. immediately upon its adoption and signature of the Mayor.''-'. PASSED AND ADOPTED this l4th ATTEST: WALTER J. FOEMAN CITY CLERK S S : Z�/ RD70 VILARELLO ATTORNEY day of Deceinber , 1998. JOE CAROLLO, MAYOR 4004:RCL In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of this legislation by signing it in the designated plr e providcd, said becomes effective with the elapse of ten ( a from the � e of Ccnnn-;': ;on regarding same, without the Mayo�xerc'sin vet City Clerk �i If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. ORANGE BOWL PARADE CONCESSIONS AGREEMENT THIS AGREEMENT made and entered into this day of , 1999, by and between the Bayfront Park Management Trust (hereinafter referred to as "Trust"), and the Orange Bowl Committee, Inc., a Florida corporation (hereinafter referred to as "OBC"). RECITALS WHEREAS, since 19_ OBC has been conducting the Orange Bowl Parade in downtown Miami, Florida (the "Parade"); and WHEREAS, in connection with the presentation of the Parade, OBC has traditionally been granted exclusive vending rights on the parade route and surrounding areas; and WHEREAS, the Commission of the City of Miami, by Resolution No. 99- , adopted on , 1999, has approved the grant of exclusive vending rights to OBC during the Parade and has authorized the Trust to execute a contract for this purpose. NOW THEREFORE, in consideration of the premises and of the terms, covenants and conditions hereinafter contained to be kept and performed by the respective parties, it is agreed as follows: 1. Recitals: The Recitals are true and correct and are hereby incorporated into and made a part of this Agreement. 2. Vending Rights: Subject to the terms and conditions set forth herein, the Trust hereby grants to OBC the exclusive right and privilege to sell food, beverage and merchandise on the Parade route, outside of Bayfront Park's fence along Biscayne Boulevard, as depicted in Exhibit "A," (the "Property") commencing at 12:01 a.m. on December 31, 1999 through 11:50 p.m. on December 31, 1999. OBC shall have the right to extend this agreement for the Parade to be held in the year 2000 and in 2001 provided that OBC continues to be the presenter of the Parade and has not violated any of the terms of this Agreement or of any other agreement relating to the presentation of the Parade. Each period of time for which vending rights are herein granted is referred to herein as the "use period." 3. OBC's covenants: In consideration of the rights herein granted, OBC covenants and agrees, for each use period, as follows: (a) to obtain and maintain all permits required in the performance of this Agreement, including but not limited to the required assembly permit and other permits required for the sale of alcoholic beverages. (b) to comply with all applicable laws and regulations, including specifically, without limiting the generality of the foregoing, all rules and regulations of the Trust for the use of Bayfront Park, including, specifically, the requirement that OBC use the Trust's alcohol wrist banding staff to ensure that consumers of alcohol are of appropriate age, the Oki f requirement that all beverages be dispensed in plastic or paper cups and not in bottles or cans, and the prohibition against the sale of more than two (2) beers, or wine, to one person, at one time. (c) OBC agrees that under no circumstances will the signage of any of the Trust's sponsors be covered during the term of this Agreement. (d) OBC has inspected the Property and accepts it in its present condition. OBC agrees to repair any damages caused during its use of the Property. At the expiration of each use period OBC shall leave the Property in at Ieast the same condition as it was at commencement of each use period, normal wear and tear excepted. (e) OBC agrees, at its sole cost and expense, to comply with all police, security, fire & rescue, and insurance requirements of the Trust in connection with OBC's performance under this Agreement. OBC shall be responsible for all costs involved in its performance of this Agreement. (f) OBC shall provide its own janitorial services, and shall pick up, clean up and dispose of all litter for all areas used in its operations promptly after the termination of each use period. 4. Consideration: In consideration of the rights herein granted, OBC agrees to pay to the trust the following amounts, together with all applicable taxes: (a) Security/Damage Deposit: The Deposit shall be in the sum of $1,000 and shall be paid to the Trust, in the form of a money order, cashier's check or cash, not later than _ days prior to each use period. Within _- hours after the termination of a use period, the Trust will conduct an inspection of the Property and, if any repair or replacement is needed, the Deposit shall be applied toward the cost of same. In the event the amount necessary to repair any damage exceeds the amount of the Deposit then OBC shall pay the balance to the Trust, upon the Trust's request. Should there be no damage to the Property, the Trust shall either apply the Deposit toward the payment of the Use Fee or will return the Deposit to OBC. (b) Use Fee: OBC shall pay to the Trust the amount of the Use Fee, together with all applicable taxes, not later than _ days prior to the use period. The amount of the Use Fee for each use period shall be as follows: (i) for the 1999 use period the Use Fee is: $2,000; (ii) for the 2000 use period the Use Fee is: $4,000; and (iii) for the 2001 use period the Use Fee is: $6,000. 5. Risk of Loss: Neither the Trust nor the City of Miami assume any responsibility for any property placed on the Property by OBC or by any other person during the use period. OBC hereby releases the Trust and the City of Miami from any and all liability for any loss, injury, theft, damage or destruction of goods or personal property in or about the Property regardless of the cause. (I (-% V AJ tl r ;15- Q Q 6. insurance: OBC shall obtain and maintain at all times during the term of this Agreement such insurance coverage as may be required by the City of Miami Risk Management Administrator (the "Insurance"). The insurance shall include Comprehensive General Liability and shall name the Trust and The City of Miami as additional insureds. OBC shall deliver to the Trust evidence that it has complied with these requirements at least _ days prior to the use period. All questions regarding insurance requirement shall be addressed to, Risk Management Administrator, 444 S.W. 2nd Avenue, Miami, Florida 33130, (305) 416-1604. 7. Indemnification: OBC shall indemnify, defend and hold harmless the Trust and the City of Miami, and their respective officials, employees and agents (collectively referred to as "Indemnities") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of (i) any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with the performance or non- performance of the services contemplated by this Agreement, regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent or contributing) by any act, omission, default or negligence of the Indemnities, or any of them, or (ii) the failure of the OBC to comply with any of the provisions of this Agreement, or of any applicable statutes, ordinances or other regulations or requirements, in connection with the performance of this Agreement. 8. Default / Resolution Of Disputes: If OBC fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, then the Trust, in addition to all remedies available to it by law, shall have the right to terminate this Agreement and to retain all sums paid by OBC as Deposit hereunder. 9. Assignment: OBC shall not sublet, transfer, convey, assign nor permit the use of the rights, privileges or premises granted under this Agreement in whole or in part to any other person, firm or corporation without written consent of the City which consent may be withheld, in the City's sole discretion. 10. Audit And Inspection Rights_ The City or the Trust may, at reasonable times, and for a period of up to three (3) years following the date of final payment by OBC to the Trust under this Agreement, audit, or cause to be audited, those books and records of OBC which are related to this Agreement. pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. 11. Compliance With Laws, Regulations And Directives: OBC agrees to comply with and observe all applicable laws, codes, ordinances and regulations in the performance of this Agreement, as the may be amended from time to time. 12. Non -Discrimination: OBC shall not discriminate against any person on account of race, color, creed, sex, age, national origin, marital status or handicap. 13. Notices: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other S9_ 575 r r.. i sky,; Q address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. TO OBC: Keith Tribble, Executive Director Orange Bowl Committee, Inc. 601 Brickell Key Drive, Suite 206 Miami, Florida 33131 TO THE TRUST: Ira Katz, , Executive Director & General Manager 301 N. Biscayne Blvd. Miami, Florida 33132 TO THE CITY: Donald H. Warshaw, City Manager City of Miami 444 S.W. 2"d Avenue, I O'h Floor Miami, Florida 33130 With copy to: Alejandro Vilarello, City Attorney City of Miami 444 S.W. 2' Avenue, 9' Floor Miami, Florida 33130 Commissioner Joe Sanchez Chairperson 3500 Pan American Drive Miami, Florida 33133 14: Miscellaneous Provisions A. This Agreement shall be construed and enforced according to the laws of the State of Florida. B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. C. 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. D. 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. 00 it e I of fi 4.1 0 a. E. This Agreement constitutes the sole and entire .agreement between the patties hereto. No modification or amendment hereto shall be valid unless in writing and executed by property authorized representatives of the parties hereto. 15. Approval By The Oversight Board: The State of Florida has appointed an Emergency Financial Oversight Board (the "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. Attestation of this Agreement by the City Clerk shall constitute evidence of its approval by the Oversight Board. 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. «City» CITY OF MUM, a municipal ATTEST: corporation By: Walter Foeman, City Clerk Donald h. Warshaw, City Manager "Trust" BAYFRONT PARK MANAGEMENT TRUST Witnesses: By: Print Name: Commissioner Joe Sanchez, Chairperson By: Print Name: Ira Marc Katz, Executive Director & General Manager ATTEST: OR Corporate Secretary "OBC" The Orange Bowl Committee, Inc. By: Keith Tribble, Executive Director 5 qj Approved As To Form And Correctness: Approved As To Insurance Requirements: Alejandro Vilarello, City-A-ttomey Mario Soldevilla, Administrator, Risk Management C! P-) . d "k J r5 �i��A �. CITY OF MIAMI, FLORIDA 0 35 INTER -OFFICE MEMORANDUM TO: The Honorable Mayor' and DATE: DEC -- 1 ` FILE Members of the City Commission SUBJECT: Orange Bowl Parade Street Closure Resolution FROM: (I /nal(ldd4flwarsnawREFERENCES: December 14, 1999 City Manager ENCLOSURES: City Commission Agenda RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached resolution concerning the Orange Bowl Parade to be conducted by the Orange Bowl Committee on December 31, 1999, providing for the closure of designated streets and restricting retail peddling from the parade. BACKGROUND: The proposed resolution concerns the closing of streets and restriction of peddling along the parade route: Biscayne Boulevard from Northeast 13th Street to East Flagler Street; Flagler Street from Biscayne Boulevard to North River Drive; Northeast 11'h Terrace from Northeast 2d Avenue to Biscayne Boulevard; Entrance ramp to Eastbound I-395 from Biscayne Boulevard at Northeast 11`h Terrace; North River Drive from Southwest 2"a Avenue to Northwest 5`h Street; South River Drive from Southwest 2°a Avenue to Northwest 5", Street; and Included in the herein closure are all streets, avenues, alleys, ways and thoroughfares which intersect the enumerated areas delineated in this section. Street closures are, as usual, subject to the final approval of State authorities and the Chief of Police, and to the issuance of required safety permits. The Committee will provide liability insurance and pay all expenses, including those for City services, as they have in the past. DHW/RM/1/lrb r: _