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HomeMy WebLinkAboutR-96-0616J-SS-103S 8/22/96 RESOLUTION Nth':6 � 61.6 A RESOLUTION, WITH ATTACHMENTM, ESTABLISHING SPECIAL. CHAAGES, TEAMS AND CONDITIONS FOR THE USE OF THE ORANGE 13OWL STADIUM BY COMMAND PERFORMANCE, INC., FOR PRESENTATION OF THE *19.96 MIAMI METROP'OLMAN HIGH SCHOOL &A TTLE OF THE SANDS" ON NOVEMBER 24, 1996; FURTHER AUTHORIZING THE CITY MANAGER TO (EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND COMMAND PERFORMANCE, INC., FOR THIS PURPOSE, SUBJECT TO THE ORGANIZERS OBTAINING INSURANCE TO PROTECT THE CITY IN AN AMOUNT AS DESIGNATED BY THE CITY MANAGER OF HIS DESIGNEE. „WHEREAS, the Department of Public Facilities Is responsible for the operation of the Orange Bowl Stadium and attempts to secure the presentation of entertainment events for the community; and WHEREAS, Section 53-131(C)(7) of the Code of the City of Miami, Florida, as amended, provifts that the City Commission has the right to establish and fix special charges or spacial tarms and conditions for the use of said stadium; and WHEREAS, Command Performance, Inc., has requested the use of the Orange Bowl Stadium: to stage the m 1996 Miami Metropolitan High Schoo'l Battle of the Bands'° for a use fee of five thousand dollars (06,000) or ten percent (10%) of the gross ticket sales, whichever is°greater, with a' cap of fifteon thousand dollars 01 a,000); and WHEREAS, Command Performance, Inc., has agreed to pay for event personnel and other costs, as weail as the cost of police, personnel and ticket surcharge for said evesnt;,- i CONTAINED , cZ°'ii'' COMMESION METMG OF 1996 awn I&& 96' 616 NOW, THEREFORE, 13E 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. a P j Section 2. Special charges, terms and conditions as set forth in the attached th greament, are hereby established for use of the Orange Bowl Stadium by Command rlformance, Inc., for presentation of the, "19®6 Miami Metropolitan_ High School Fettle of e Bonds" on November 24, 19P6. Section 3. A use fee of $5,000.00 or ten percent (10%) of the gross ticket sales, whichever Is greater, with a cap of fifteen thousand dollars ($15,000.00) is hereby stablished for said event. Section 4. The City Manager is hereby authorized to execute the attached greement, 'In substantially the attached farm, with Command Performance, Inc., for said _ use. Section 5. The herein authorization is hereby conditioned upon the organizers obtaining insurancs to protect the City in an amount as prescribed by the City Manager or his designee. r a Section S. This Resolution shall become effective immediately upon Its adoption. ' PASSED AND ADOPTED this 1 2th day of September, 1656. � CAROLLO, MAYOR..�...,.�. AMST: f `N4►'A TO j I1�IA I ► Y CLERK M 96— 616 PREPARED AND APPR©VeD BY: 14 fT�ANNT t9L�R�-S 1 ASASCi'�"�' A REV APPROVED AS TO FORM AND CORRECTNESS: W107a:CSK 96- 616 r :.y USE AGRNNNSNT BETRENN THE CITY OF MIAMtI, FLORIDA. AND COMi4A D PE"ORHANCE, INC. THIS AG('tEMENYT made and ent+erod ,into this day of 1996, by and betwoen the CITY OF MIIAMI r a municipal corporation of the State of Florida, hereinafter referred to as the "CITY" and COMMAND PERFORMANCE, INC., a for profit corporation, with its principal office located at 127 Peachtree Street, Suite 605, Atlanta, Georgia 30303, telephone number (404) 827-0170, hereinafter referred to as the "USER". R E C I T°ALs In consideration of the covenants and agreements hereinafter .set forth, the CITY' does hereby grant unto the USER the privilege of entry upon or into the municipal facility of the CITY knoern as the Orange Bowl, Stadium, hereinafter referred to as the "FACIL.ITY", the said FACILITY to be entered upon or into for the purpose of presenting a musical band festival known as the 1996 Miami ,Netropol.itan High School Battle of the Bands, hereinafter referred to as the "EVENT'", and for no other purpose whatsoever. 1• Mae Reriodt Said use for the EVENT shall be permitted for the period commencing at 800 an. on Sunday, November 24, 1996 and terminating at. 1200 0 ant can that saute day, not including set up and dismantle times. Set up shall commence no surlier than 700 o0 am one (1) day prior to the EVENT and cleanup shall begin i�.-=ediately upon the conclusion of the EVENT and conclude within a twenty-four hour period, unless otherwise mandated by the Director of the Department of Public 'Facilities, hereinafter "DIRECTOR", or designee. The above hours of use, including set tip and dismantle times, shall hereinafter preferred to as the "tySE PERIOD". 96- 616 ' .. ..�aii:i•.ta:.. 2. g__Z"�t USER agrees to pay the CITY for use of said FACILITYs Five Thousand Dollars ($5, 000. 00) minimum use fee or 10% of the gross ticket sales, exclusive of State of Florida sales tax and CITY ticket surcharge, whichever is greater, plus 5.5% State of Florida Use Tax, hereinafter referred to as the "USE FEE". Than percentage portion of the USE FEE shall have a cap of $151.000 3. Qg2g6j&& .ear deposit, of Five Thousand Dollars ($5, 000) in the force of a caahier's check is required by the CITY. Said deposit- shall be held by C'ITY throughout the USE PERIOD to cover any and all unpaid sums due to CITY,1, and, if not used, shall be returned to USER, or shall be uA d to cover t .,USE FEE and/or expenses for the' USE PERIOD. 4. �y, Based upon an 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 based on the admission price as follows: �:�c�#_.8d'rais3 s ion ;�lrcha�v�g. $ 1.00 to, $ 5.00 $0.50 $ 5.01 to $15.00 $0.75 $15.01 and Over $1.00 USER shall, record collection of the surcharge and shall list such revenue as a separate item in the statement of accounts for each EVENT. `Picket surcharge revenue shall be paid upon deraaa.nd, and/gar as soon as possible after the conclusion of each EXTENT, in'accordance with City Code provisions and the terms of this Agreement. 5. fo di oval erv,( es . USER shall pay to the CITY, on demand, such suss or sums as may be due to said CITY'' for additional services, accontmodrations or material requested Day and furnished to said, USER. f . Damage sirs USER shall pay to the CITY the cost of any repair, reha3bIlitation, dtawa3ge correction, replacement or restoration of . the FACIIL'I'TY., or to defray any other unusual but reasonable expense borate by the CITY as .a;e ,consequence of presentation of the EVENT. 7. E �L3 �, Any Other sums due to the CITY, the cost of any repair, rehabilitation, damage correction, replacement or restoration of the, FACILITY, or to defray any other unusual but reasonable expenses borne by the CITY as a consequence of presentation of the EVENT. 2 96- 616 ne ,,sad .kaMentt This CITY,. through the DIRECTOR car. designee, at its sole option and discretion, shall be - entitled to demand full payment for any unsaid use fee . and/or expenses incurred through USER's use of the FACILITY at the close of the event. USER grants to the CITY the first right of claim to be paid from all monies that are on hand such as "on Premises gate receipts" or all monies 'held by USER's ticket scales agency for any unpaid, use fee, expenses, surcharge, additional services, accommodations, materials furnished, coat of repair,, rehabilitation, damage correction, and/or replacement or restoration of the FACILITY as a consequence of the presentation of the event. The DIRECTOR or designee shall be entitled to collect all such funds due the CITY and the CITY shall be paid prior to payment of any other bills or sums of money owed by the USER to other parties. USER agrees that aRy agreement entered into by the USER with a ticket sales agency or agencies will include the,.. agency's recognition that the CITY has first right of claim, and the CITY is to be braid from any and all monies held by the said ticket agency. "On Premises gate receipts" shall be defined as all suns of money collected, by the USSR or his,agent in connection with the EVENT. 9.. E or, All advanced sums, or advanced payments for services shall be forfeited if, through the fault or action of the USER, the EVENT is not held on the date and time contracted. 10. AM1Lt R$g±&3 a . CITY reserves the right to audit the records of USER relating to the EVENT at any time during the performance of this Agreement and for a period of three years after the fins]. pa.y�reent is made under this Agreement. b. If so requested by the CITY, USED shall submit to the Department of Public Facilities an independent audit, by a certified public, accountant. Said audit must include the expression of an opinion as to the actual and budgeted receipts and expenditures of the funds for the said EVENT. Said audit shall be submitted to the department no later than sixty ( 60) days after receipt of CITY`s request. C. At CITY`s request., USER shall furnish a copy of its. most recent Federal Income Tax return. .11. ,Si.on anl. �'ick�� All entry to the FACILITY on the EVENT date shall be by ticket only, purchased at the full ticket prime established by USER., except for employees of USER €snd CITY whose presence is required for the preventation of the EVENT who have received passes issued by USER, or as otherwise provided by this AGREEMENT. 3 96- 616 Each printed ticket; shall be itemi rod to show the admission price►, applicable taxes, any service charge from outaide ticket agencies, and the CI`P"Y' s ticket: surcharge. All... admission tickets must be printed by a bonded printer if, feasible and listed on a ticket manifest. The manifest: shall. be presented t o the DIRECTOR or designee, and USER will prepare a complete box office statement of' all admission tickets sold or distributed as complimentary tickets. 12. C,om©fie ax : CITY shall permit USER to utilise a maximum of 5% of the total tickets printed for each EVENT as Complimentary Wickets for promotional purposes. USER shallfurnish to the DIRECTOR one hundred (100) complimentary tickets for the EVENT for the purpose of promoting the CITY and the FACILITY for future events. All complimentary tickets issued .in excess of the 5% limitation small have a value equal to the average ticket price offered for sales to the public and shall be included in the calculation of gross ticket scales for determination of the USt rEE as described in Paragraph 2 of this Agreement. 13. utmdaaaare g,l�i.tat ion: A waximum attendance of 40, d00 persons w3 i:l be permitted for the EVENT and no more than that number of tickets shall be printed unless otherwise agreed to by both ' paasr tieas . 14. Gato Que?ni a . $;sal 1i df P. erforanance3 - Gates are to be opened at least two hours prior to they start of the EVENS'. All tickets and advertising shall indicate the sate ripening time for each performance. The CITY reserves right to open gates or adjust gate opening time as it deems appropriate based on crowd control and ether conditions., 15EXQ Lam.: -W9U USER agrees to .include in its advertising that bottles and cans cannot be brought into the FACILITY. The CITY and USER will use Best efforts to ensure that no cams, bottles, glass containers, fireworks, weapons or other objects that may be used as missiles, are allowed in the FACILITY. 16. �Q do i.tio s2 ' G YL CITY represents and warrants that the FACILI%T and its fixtures and furnishings will be clean, in good ordor and repair. USE'P. agrees to accept said FACILITY in an "as is" condition at the start of the USE PERIOD. 17. r�1. .�_. ' ��dshed v Cilyi CITY agrees to furnish, at its expense, except as may be ¢therw:ise provided herein, ,light: for )rdina.ry use, water for all reasonable purposes, restrcoom supplies and nothing else. -- 4 - 96- 616 • •a ,'..lid:;`!. 1s. �. , .� a� _ na Fie At. USOR agrees to restrict all vehicles from the grass and playing field. Any exception to this restriction may only be granted by the Grounds and 'turf Manager for than FACILITY. 19. Faci1 &108_:- USER acknowledges that .it hoe read the "Rules and Regulations for Ilse of City of Miami Municipal. Facilities" which are attached to the "Application for . 119a . of City of Miami Municipal Facilities", that he or she fully understands said rules and regulations, and that by the execution of this Agreement, USER certifies that it shall abide by each and every rule and regulation set out therein without the need to have said Rules and Regulation's ;repeated in this Agreement. 20. &utb9x,,jjX : USER agrees that any matters not herein expressly Orovided .for in this agreement shall be provided at the discretion of the CITY Manager or his designated representative. 21. Entr,X. The CITY reserves the right to enter, upon the FACALITY premises at any time during the TISE PERIOD as It deems necessary. 22. .f - Ftd.X.n &hcad by USERt USER shallfurnish, at Lies sale cost and expense, ticket: sellers, ticket takers;, and ushers. USER shall. consult with the DIRECTOR or designee to ensure that staffing levels for such personnel are adequate to handle attending crowds. 23. CIT` gt<a€fjjWt. If required in the estimation of the DIRECTOR, or designed, CITY shall provide CITY personnel, including without limitation, evert supervisors, office attendants, electricians, custodians~, groundsmen, elevator operators and security staff necessary for the proper conduct of the EVENT. USER agrees to pay said event personnel directly to those individuals with a four (4) hour minimum at rates established by the DIRECTOR or his designee. When such personnel are required, notification, of same, including the estimated hours of work and rates of payj shall, be furnished to the USER by the DIRECTOR or designee at least 72 hours prior to the USE PERIOD. USER agrees to pay for said personnel and shall be responsible for keeping proper employers records and the issuance of w-2 and .1099 st:atoments for tax purposes, in accordance with federal, state, and/or local lawa. 24 • ALtgW, .H2u _5,fli.p,L=AAk4Vt e: If staging and/or other structures are to he erected/dismantled after nortral CITY working hours, USER shall pay for the services of a groundsmart who will be assigned for the required off -duty period.. - 5 96- 616 25. t ._H rg menu: USER shall ensure compliance wrath all' necessary union requirements (if applicable) in connection with the personnel and servicas engaged for presentation of the EVENT. The CITY shall use its beat; effort to informs USER of the torwmss of any trade or employee union agreement, written or oral, affecting all relevant personnel or services used in connection with the EVENT and shall assist USER in complying with such agreements. 26. ereonneYt USER shall provide a diagram of the proposed EVENT layout to the office of Fire Prevention, 275 N.W. 2nd Street, Miami, FL, and obtain fire permits required by the Code of the CITY of Miami, relative to fire safety. Fire Dopac`ment manpower requirements for the EVENT shall be as stipulated by the Fire Marshal and approved by the DIRECTOR or designee. The USER shall be responsible for the payment of .approved Fire Department services, if any. 27. ko.li9Q_.%$ uxit.yi a. The DIRECTOR, or designee, after full discussion with the USER as to the °type of event and related activities, will contact the CITY's Police Department to ascertain the level of Police and/or ether security staffing necessary for adequate crowd control, traffic circulation and safety and/or other required security prior to, during and after the EVENT. USER. shall be responsible for the direct payment of approved designated Police and security services upon the conclusion of the EVENT. b. If during the course of the EVENT, they EVENT Police commander determines that security for the EVENT is insufficient for proper crowed control, he may summon additional officers in sufficient numbers to effectively control the situation. The USER will assume the responsibility of paying for the services of these additional officers. If such additional officers are already on duty, payment shall be made at their narm►al hourly mate of pay. If such additional offidara are off -duty, payment shall be m&de at. the overtir.�e rater of one and one-half times the normal hourly rate, Total compensation to such off -duty officers shall be the greater of the following; four hours' minimum compensation, or, compensation for the actual time devoted to the EVENT problem, including time spent booking Prisoners and the like. a. LASER agrees to pay directly for the cleaning contractor to clean the FACILITY after the USE PERIOD (EVENT day) has ended. The hauling of the trash from the FACILITY 96- 616 ::yaw r r r • . ahall be performed by the CITY's Solid Waste Depa±srtment, and the USER 18 responsible for that paymnt. of such crash disposal foes i , b. USER agreerg to tagaatr down and remove all USER seff efts immediately after each USE PERIOD has ended,, which . shall be completed not later than twenty-four hours after the conclusion of each .EVENT. 29. 1 JaCts s The CITY reserves the right to remove from the premises all USER effects remaining la's: or on the grounds of the FACILITY and/or STADIUM after the end of the 1169 PERIOD At the expense of the USER, or the CITY may charge storage, at the rate of $1, 000 pet day, for each daft or part of , a daffy that said eftectas remain in or on the grounds of the FACILITY And/or STADIUM :after the end of the USE PERIOD, unless otherwise permitted by the DIRECTOR or designee. - inal- a. The CITY shall furnish its normal andcustomary event parking facilities for public parking. The CITY will provide adequate personnel to man such parking facilities, at its own cost and expense. b. The CITY agrees that charges to the public for parking can CITY property shall not exceed the usual and customary charges for such parking, and provided that such charge is sufficient to ensure that total parking revenues are not less than they cost of operating the parking facility for the EVENT. The CITY shall be entitled to 100% of all gross receipts from parking charges. c:., The CITY shall; furnish the USER with 250 parking passes for parking lot S2 to be used for media and all USER' ss staff. > gign R 7htat Tt is understood that concession rights for all events at the STADIUM and FACILITY belong to the CITY. IFor the purposes of this Agreement, USER shall be granted the right to sell programs, authorized novelties anal/or other, merchandise depicting the EVENT end/or performer(6) o.r player (sa) , limited to T-shirts, buttons, hate, other apparel e records, tapes, photographs and posters. Such items of fared for sale: to the public: are subject to the advance approval of the DIRECTOR or designee. The sale of food or beverages by the USER is strictly prohibited. 32, Huff icen :es USER. will obtain as copy of the blanket 'AMI and/or ASCAP license in connection, with the EVENT. USER represents and warrants that all, SMI and A.SCAP fees for the concert will be paid by USER and further agrees to indemnify 96- 616 Jl � A and held the CITY 'armless from any and all clasims# loah6i r or expenses incurred with regard thereof. 33. The USSR shall indemnify and save harml,esao forever the CITY, and all the CITY's agents, offi.cars , and employees from and against all charges or claims resulting from any 3xadi.ly in jury, loss of life, am damage to propelrtyA,.. �. - -0N4V@0WA1MVft= 'Of -he USER shall becom defendant in every suit brought for ax y of such causes f Action against the CITY or the CITY's officials, agents a d employees; the USER shall further indemnify CITY as to a 1 coasts, attorney's fees, expenses and liabilities incurred n the defense of any such claims and the investigat on thereof. 34. Ries of,_, i 1LL The CITY shall not be liable for anyJgpa e, injury or damage to any personal. property or eqnt belonging to the USER, or to anyone whomsoever, durny times the premixes are under the control of; and oc:cuby the USER. All personal property placed or moved onhe subject premises shall be at the risk of USER or theer thereof. t~'urthexmore, it is the responsibility of tER to provide --security whenever. personal property eitheed or used by the USER tar its licensees is placed he premi.ses3 during the AGREEMENT TERM, including setnd dismantle times and, in pa�rticulaar, during those hoof each USE PERIOD when the FACILITY are not open he general public. , 35. Ins acnce;, Liability Insurance is required of USF��d and is to be cleared through the office of the CITY,$ Risk Management Division, Insurance Coordinator, Dupont Pla�ea, 300 Biscayne Way, Suite 325, Miami, Florida, teleph ae 5i9�- 6058. The irisuraance, policy must be endorsed to acme the CITY as an additional insured. No qualification the additional insured provision is permitted. The company affording coverage must be acceptable to the CITY in terms of Management Classification and Financial Ca�teggor ratings as stipulated by the latest isBue of Best.' s Key Rat ng ,Coda • The CITY is to be provided with as copy of such nsurance policies and a certificate of same. 36, f 11t rit�ic�n . In the event that USER shal fail to comply with each and every term and co . 'ition of this Agreement or fails to perform any of th4by'IT tter:acts and conditions contained herein, then CITY,its aol.e option, upon written notice to USER may cancterminate tYtia3 Agreement, aaari all payments, advances,or ether compensation paid by USER shall be forthwith retaine��. �Ii? 114t as Ili&a Gl it s2 t7 � 37. range$: Each party represents to the other that it has the power to enter into this Agreement and to grant and accept the license herein granted and accepted, as the case may be, and that the consent- of no other person or entity (governmental or otherwise) in required in connection therewith, except as otherwise provided in this Agreement and that this Agreement constitutes a valid and binding obligation of such party, enforceable against such party in accordance with the terms hereof. 36. LLad . ilreemer►tv All terms and conditions of this written ,agreement shall be binding upon the parties, heirs and assigns, and cannot be varied or waived by any oral representation or promise of any agent of 'the parties hereto or other person unless the sane be in writing and mutually signed by the duly authorized agent or agents executing this Agreement. 37. Hoad3gri g There .shall be no discrimination .because of race, colter., religion sen, national origin, age, handicap or marital statues. 30. ?ntc�nt oLA%re, m -L The parties .intend that this document shall be .a License Agreement and that no leasehold .interest is conferred upon the USER. 39. r �o�.ta a� �} At.to news-ZOR&L If it becomes necessary for the CITY to institute: proceedings to collect any monies .. due it by USERe USER agrees to pay any said all court costs, reasonable at:torrneyas fees and other expenses incurred in the collection thereof. C40 • 11Q1-6jgl&el3:LL This Agreement may not be transferred or assigned by USER without the express written consent of the CITY. 41. , _Ag �ez�ents This instrument and its attachments constitute the role and only Agreement of the parties hereto relating to the use of the FACILITY and correctly sets fokth the rights, duties, .and obligations of each to each other as if its `date. Any prior agreements, promises, negotiations, or representations not: expressly set forth in this Agreement are of no forge or ©ifact . „ 42. AmsjWMga,O L No amendments to this Agreement shall be binding op either party un.less in writing and signed by both parties. 96- 616 IA IN WITNESS WHEREOF, the parties horeto have individually and through their proper corporate officials executed this Agreement the day and year first above written. ATTESTs City Cleric ATTESTt Corporate Secretary APPROVED AS TO INSURANCE: THE CITY OF MIAMI, a. municipal corporation of the State of Florida% Cesar H. Odio, City Manager USERS COMEi.AND PERroRmANc.E, , INc. , a for profit Organization. (signature) ( print name grid t it3� )) (SEAL) .APPROVED AS TO FORM AND C+ORRECT.NESS % Frank KG' Rollason '�— A. Quil Junes, III w� Deputy Chief City Attorney Risk Management Department Law Department APPROVED AS TO, DEPARTMENTAL REQUIR£,MENTS s Chri$tina . .: Department Publi.G.* Facilities - 10 - 96 616 i I I Use Fee o15400 i Ticket Surcharge $ 25 v 000 Concessions $ 25,000 Parking S-15,4-m 3 , $ 80,000 �I 1 1 96- 616 a i CITY OF MIAM1. FLORIDACAsm I INTER -OFFICE MUMORANDU� ro. Honorablo Mayor and Hambers DAY{C: , „ ., .. FILla: 4��1: c: r Isa6 of the City Commission GUBJEC,•: Resolution to sett use fee and regulations fort Command Perform nce# Inc. rhom: Cesar REFERENCES: City ty h ENCLOS+URFS: It is respectfully recommended that the City Commission adapt the attached proposed resolution establishing special charges, terms and conditions for the use of the Orange Bowl Stadium by Command Performance fo.r , the presentation of the Miami Metropolitan High School Battle of the Hands which will take place an November 24, 1996. The legislation would also authorize the City Manager to execute an agreement, in substAn tially the attached form, with this organization for this purpose. s The Department of Public Facilities wishes to allow Command, Performance, Inc., to use, said facility for the presentation of the Miami Metropolitan thigh School Battle of the Bands, a musical band festival, -for said period. The administration has determined that modifications to the standard use charges, rerms and condition as specified in the City Code ,are appropriate, for this event and has prepared an agreement with Command Performance, Inc. which delineates the various revised charges, terms and conditions for said use. 1 56- 616 a wsorls 1996 13 UJo� � e SUTC- �� p gall I? tog 4 l 4 i i