Loading...
HomeMy WebLinkAboutR-96-07091i K All J-96-1100 9/24/96 RESOLUTION 1\19 6'- 7 0 9 A RESOLUTION, WITH ATTACHMENT, ESTABLISHING SPECIAL CHARGES, TERMS AND CONDITIONS, AS SPECIFIED HEREIN, FOR THE USE OF THE ORANGE BOWL STADIUM BY INTERNATIONAL SOCCER TOUR, INC., FOR ITS PRESENTATION OF THE INTERNATIONAL SOCCER TOUR '96 ON OCTOBER 26, 1996; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND INTERNATIONAL SOCCER TOUR, INC., FOR SAID PURPOSE, SUBJECT TO THE ORGANIZERS OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. WHEREAS, the Department of Conferences, Conventions and Public Facilities is responsible for the operation of the Orange Bowl Stadium and attempts to secure the presentation of community events; and WHEREAS, Section 530131 (C)(7) of the Code of the City of Miami, Florida, as amended, provides that the City Commission has the right to establish and fix special charges or special terms and conditions for the use of said Stadium, and f WHEREAS, International Soccer Tour, Inc., has requested the use of the Orange Bowl Stadium to stage the International Soccer Tour '96 for a use fee of Five Thousand s Dollars ($5,000), or 10% of the gross ticket sales with a cap of Ten Thousand Dollars f ($10,000), and i i l k �i WHEREAS, International Soccer Tour, Inc., has agreed to pay for event personnel and other costs, including police personnel and ticket surcharge for said event; 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. Special charges, terms and conditions, including a use fee of Five Thousand Dollars ($5,000) or 10% of gross ticket sales with a cap of Ten Thousand Dollars ($10,000) are hereby established for the use of the Orange Bowl Stadium by International Soccer Tour, Inc., for its presentation of the International Soccer Tour, '96 on October 26, 1996, subject to the organizers obtaining insurance to protect the city in the amount as specified by the City Manager or his designee Section 3. The City Manager is hereby authorized to execute an agreement, in i substantially the attached form, with International Soccer Tour, Inc., for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption. TE T: WALTE F AN CITY CLERK -2- Fim [i USE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA AND MIAMI INTERNATIONAL SOCCER TOUR, INC. THIS AGREEMENT made and entered into this day of 1996, by and between the CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter referred to as the "CITY" and INTERNATIONAL SOCCER TOUR, INC., a for profit corporation, with its principal office located'at 400 Kings Point Drive #1508, Miami, FL 33160, telephone number (305) 947-1804, hereinafter referred to as the "USER". R E C I T A L: 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 known as the Orange Bowl Stadium, hereinafter referred to as the "FACILITY", the said FACILITY to be entered upon or into for the purpose of presenting an international soccer game, hereinafter referred to as the "EVENT", and for no other purpose whatsoever. 1. Use Period: Said use for the EVENT shall be permitted for the period commencing at 8:00 a.m. on Saturday, October 26, 1996 and terminating at 12:00 midnight on that same day, not including set up and dismantle times. Set up shall commence no earlier than 7:00 a.m. one (1) day prior to the EVENT and dismantle shall begin immediately 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 7acil.ities, hereinafter to as the "DIRECTOR", or designee. The above hours of use, including set up and dismantl,;� times, shall hereinafter be referred to as the "USE PER.T.OD". -1- 9 6,— a 0 9 I y 4 if i �i 2. Use Fee: USER agrees to pay the CITY for use of said FACILITY: Five Thousand Dollars ($5,000), minimum use fee or 10% of gross ticket sales, exclusive of State of Florida Sales tax and CITY ticket surcharge, whichever is greater, plus 6.5% ; State o.:;_ Florida Use Tax, hereinafter referred to as the "USE FEE". The percentage portion of the USE FEE shall have - a cap of $10,000. 3. Deposit: A deposit of One Thousand Two Hundred & Fifty Dollars ($1,250.00) is required by the CITY. Said deposit shall be held by the CITY throughout the USE PERIOD to cover any and all unpaid sums due to CITY, and, if not used, shall be returned to USER, or shall be used to' cover the USE FEE and/or expenses for the USE PERIOD. 4, Surcharae: 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: Price of ,Admission Surcharge $1.00 to $5.00 $0.50 $5.01 to $1.5.00 $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 the .EVENT. Ticket surcharge revenue shall be paid upon demand, and/or as soon as possible after the conclusion of each EVENT, in accordance with City Code provisions and the terms of this Agreement. 5. Payment for Additional Services: USER shall pay to the CITY, on demand, such sum or sums as may be due to said CITY for additional services, accommodations, or material furnished to said USER. 6. Damage Repair: USER shall pay 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 expense borne by the CITY as a consequence of presentation of the EVENT. 7. Payments Due: Any other sums due to the CITY, pursuant to this Agreement, including ticket surcharge and personnel expenses, shall be paid upon the conclusion of this event. 8. Demand for Payment: The CITY, through the Director or his designee, at its sole option and discretion, shall be entitled to demand full payment for any unpaid use fee and/of expenses incurred through USER's use of -the facility -2 96-709 t 14Icl r i 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 premise gate receipts" or all monies held by USER's ticket sales agency for any unpaid use fee, expenses, surcharge, additional services, accommodations, ' materials furnished, cost of repair, rehabilitation, damage fcorrection, 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 to 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 any agreement entered into by the USER with a ticket sales agency or ' agencies will include the agencies' recognition that the ` CITY has first right of claim, and the CITY is to be paid from any and all monies held by the said ticket agency. On Premises Gate Receipts" shall be defined as all sums of money collected by the USER or his agent in connection with the EVEIN"T. 9. Forfeit Cancellation: All advanced sums, or advanced •for 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. Audit Ri-ghts_ a. City reserves the right to audit the records of USER at any time during the performance of this Agreement and for a period of Three years after the final payment is made under this Agreement. b. If so requested by the CITY, USER shall submit to the i Department of Conferences, Conventions & 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. Admission and Tickets: All entry to the FACILITY on the ' EVENT d& tes shall be by ticket only, purchased at the full ticket prices established by USER, except for employees of USER acid CITY whose presence is required for the presentation of the EVENT who have received passes issued by ` USER, or as otherwise provided by this AGREEMENT. t 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. A1.1 -3- 6.- 709 j 12. r.. ,admission tickets must be printed by a bonded printer if ; feasible and listed on a ticket manifest. The manifest shall be presented to the DIRECTOR or designee, and USER; { will prepare a complete box office statement of all'; `"` '"J admissicn tickets sold or distributed as complimentary' tickets. -om limeJ1tary Tickets: CITY shall permit USER to utilize a maximum _f 5% of the total. tickets printed for each EVENT as Complimentary Tickets for promotional purposes USER shall furnish to the DIRECTOR on hundred (100) complimentary tickets issued in excess of the 5% limitation shall have a value 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 Paragraph 2 of this Agreement. 13. Attendance Limitation: A maximum attendance of 35,000 persons will be permitted for the EVENT and no more than that nur :)er_ of tickets shall be printed. 14. Gate 0 enino_and Times of Performance: Gates are to be opened at least two hours prior to the start of the EVENT. All advertising shall indicate the gate opening time for the performance. The CITY reserves right to open gates or adjust rate opening time as it deems appropriate based on crowd control and other conditions. 15. Prohibited Items: 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 cans, bottles, glass containers, fireworks, weapons or other objects that may be used as missiles, are allowed in the ' FACILIT, . 16. Condition of FACILITY: CITY represents and warrants that the FAC]JITY and its fixtures and furnishings will be clean, and in good order and repair. USER agrees to accept said FACILITY in an "as is" condition at the start of the USE PERIOD. 17. ytiltie Items Furnished by CITY• CITY agrees to furnish, at its expense, except as may be otherwise provided herein, use of t-he FACILITY at no charge (waiver of the use fee), light for ordinary use, water for all reasonable purposes, and rest -.room supplies and nothing else. 18. Restrict.on for Playing Field: USER 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 :cor the FACILITY. 19. Facility_. Rules: USER acknowledges that it has read the "Rules and Regulations for Use of City of Miami Municipal Facilities" which are attached to the "Application for Use of City of Miami Municipal Facilities% that he or she fully C i rol 1-A understands said rules and regulations, and that by the execution of this Agreement, USER certifies that it shall -I abide by each and every rule and regulation set out therein without the need to have said Rules and Regulations repeated' in this Agreement. 20. Authority: USER agrees that any matters not herein expressly provided for in this Agreement shall be provided at the discretion of the CITY Manager or his designated representative. 21. Right of Entry: The CITY reserves the right to enter upon the FACILITY premises at any time during the USE PERIOD as it deems necessary. 22. EVENT Staff and Supplies Furnished by USER: USER shall furnish, at its sole 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. CITY Sta.ffina: If required in the estimation of the DIRECTORI., or designee, CITY will provide CITY personnel, including without limitation, event supervisor, office attendants, electricians, custodians, groundsmen, elevator operators and security staff necessary for the proper conduct of the EVENT. USER agrees to pay for said personnel directly to those individuals with a four (4) hour minimum at rates established by the DIRECTOR. When such personnel are required, notification of same, including the estimated hours of work and rates of pay, shall be furnished to the USER by the DIRECTOR or designee at least 72 hours prior to the Use Period. USER agrees to pay said personnel and shall be responsible for keeping proper employee records and the issuance of W-2 and 1099 statements for tax purposes, in accordance with federal, state, and/or local laws. 24. after Hours Setup/Dismantle: if staging and/or other structur,as are to be erected/dismantled after normal CITY working hours, USER shall pay for the services of a groundsman who will be assigned for the required off -duty period. F 25. Iffi-i-0n Requirements: USER shall ensure compliance with all ' f necessary union requirements (if applicable) in connection with the personnel and services engaged for presentation of the EVENT. The CITY shall use its best effort to inform USER of L-he terms of any trade or employee union agreement, l written or oral, affecting a1..1 relevant personnel or services used in connection with the EVENT and shall assist USER in complying with such agreements. -5- 96-709 �i 26 . Fire Safety and Personnel: USER shall provide a diagram of ' •"f"'�` 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 ta,. safety. Fire Department manpower requirements for the EVENT..` shall be as stipulated by the Fire Marshal and approved by.; the DIRECTOR or designee. USER shall be responsible for the direct payment of designated Fire services upon the conclusion of the EVENT. 27. Police Security: a. The DIRECTOR, or designee, after full discussion with the USER as to the type of event and related' acttvities, will 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. USER shall be responsible for the direct payment of designated Police services upon the conclusion of the EVENT. b. If, during the course of the EVENT, the EVENT Police commander determines that security for the EVENT is insufficient for proper crowd control, he may summon adcitional 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 normal hourly rate of pay. If such additional officers are off -duty, payment shall be made at the overtime rate 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. 28. Clean -Up and Dismantle: a. USER agrees to pay directly for the cleaning contractor to clean the FACILITY after the USE PERIOD (EVENT day) has ended. If -the FACILITY is not properly cleaned to the CITY's satisfaction, the CITY has the right to invoice the USER for such additional cleaning. The hauling of the trash from the FACILITY shall be performed by the CITY's Solid Waste Department, and the CITY is responsible for the payment of such trash disposal fees. b. User agrees to tear down and remove all USER effects im ediately after the Use Period has ended, which shall be completed not later than twenty-four (24) hours after the conclusion of the EVENT. ME 1 I I . •i 1 t '. ! 1 .'p 11 'N V'r`1yL����MMry ,r 29. RemQval of USER Effects: USER agrees to tear down and remove all USER effects immediately after the USE PERIOD has ended., { which shall be completed not later than twenty-four hours after the conclusion of the EVENT. The CITY reserves the, right to remove from the FACILITY all USER effects remaining in or on the grounds of the FACILITY after the end of USE PERIOD at the expense of the USER, or the CITY may charge storage, at the rate of $1,000 per day, for each day or part ' i of a day that said effects remain in or on the grounds of the FACILITY after the end of the USE PERIOD, unless otherwise permitted by the DIRECTOR or designee. 30. Parking :: a. The CITY shall furnish its normal and customary event parking facilities for public parking. The CITY will prov:Lde adequate personnel to man such parking facilities, at its own cost and expense. b. The CITY agrees that charges to the public for parking on 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 the cost of operating the parking facility for the EVENT. The CITY shall be entitled to 100% of all gross receipts from parking char.c7es . C. If parking revenue is less than CITY's cost, then the USER shall reimburse the CITY for the difference, in accordance with applicable CITY Code provisions. d. CITY will provide USER with 200 parking spaces at no charge, for use by officials and employees whose presence is required for the EVENT. i.�__... 31. Concession Rights: It is understood that concession rights for all events at the FACILITY belong to the CITY. For the purposes of this Agreement, USER shall be granted the right..; to sell programs, authorized novelties and/or other merchandise depicting the EVENT and/or performer(s) or player(s), limited to T-shirts, buttons, hats, other apparel, records, tapes, photographs and posters. Such items offered 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. music L.cense: USER will obtain a copy of the blanket BMI and/or ASCAP license in connection with the EVENT. USER represenr.s and warrants that all BMI and ASCAP fees for the concert will be paid by USER and further agrees to indemnify and hold the CITY harmless from any and all claims, losses, or expen;:es incurred with regard thereof. -7- 33. 34. 35. 1 Indemnification: The USER shall indemnify and save harmless forever the CITY, and all the CITY's volunteers, agents, officers and employees from and against all charges or claims .resulting from any bodily injury, loss of life, or s= damage to property, from any act, omission or neglect, by itself or its employees; the USER shall become defendant in'' -.;.;. every suit brought for any of such causes of action against the CITY or the CITY's volunteers, officials, agents and employees; the USER shall further indemnify CITY as to all costs, a•ttorney's fees, expenses and liabilities incurred in the defense of any such claims acid the investigation. thereof. &gk of Loss: The CITY shall not be liable for any loss, injury or damage to any personal property or equipment belonging to the USER, or to anyone whomsoever, during any times the FACILITY is under the control of and occupied by the USER. All personal property placed or moved in the FACILITY shall be at the risk of USER or the owner thereof. Furthermore, it is the responsibility of the USER to provide security whenever personal property either owned or used by the USEfi or its licensees is placed in the FACILITY during the USE ?ERIOD, including setup and dismantle times and, in particular, during those hours of the USE PERIOD when the FACILITY is not open to the general public. Insurance: Liability Insurance is required of USER and is to be cleared through the office of the CITY's Risk Management Division, Insurance Coordinator, Dupont Plaza, 300 Biscayne Way, Suite 328, Miami, Florida, telephone 579- 6058. The insurance policy must be endorsed to name the CITY as an additional insured. No qualification of the additional insured provision is permitted. The company affording coverage must be acceptable to the CITY in terms of Management Classification and Financial Category ratings as stipulated by the latest issue of Best's Key Rating Code The CITY is to be provided with a copy of such insurance policies and a certificate of same. 36. Default Provision: In the event that USER shall fail to comply with each and every term and condition of this AgreemerL� or fails to perform any of the terms and conditions contained herein, then CITY, in addition to other remedies available by law, shall have the right in its sole discreti,_;n, upon written notice to USER to cancel and terminate this Agreement, and all payments, advances, or other c,.;mpensation paid by USER while in default of the provisions herein contained, shall be forthwith retained by CITY. 9 61,— 7 0 9 �i 37. Assurances: Each party represents to the other that it has ' the power to enter into this Agreement and to grant and - accept the license herein ranted and accepted, as the cash P g F may be, and that the consent of no other person or eintit a�w.. (governmental or otherwise) is 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. 38. BindiR_q--Agreement: 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 same be in writing and mutually signed I)y the duly authorized agent or agents executing this Agreement. 39. Nondiscr_imination. USER shall not discriminate as to race, sex, color, religion, age, handicap, marital status or national origin in connection with its performance and/or any operation under this Agreement. 40. Intent cLf A_(iceement: The parties intend that this document shall be a License Agreement and that no leasehold interest is conferred upon the USER. 41. Court Casts and Attorneys' Fees: If it becomes necessary for the CITY to institute proceedings to collect any monies due it by USER, USER agrees to pay any and all court costs, reasonable attorney's fees and other expenses incurred in the collection thereof. f 42. Nonassigiunent: This Agreement may not be transferred or assigned. by USER without the express written consent of the CITY. 43. ,Entire ?=eement: This instrument and its attachments constitute the sole and only Agreement of the parties hereto relating to the use of the FACILITY and correctly sets forth the rights, duties, and obligations of each to each other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement i are of no force or effect. 1, 44. Amendmeri:.s: No amendments to this Agreement shall be E { binding Dn either party unless in writing and signed by both' parties. i • f -9-; r• • ..... ',.t.. � .. it �� stiff i IN WITNESS WHEREOF, the parties hereto have individually artd•' through their proper corporate officials executed this Agreement; the day and year first above written. THE CITY OF MIAMI, a municipal corporation of the State of ATTEST: Florida: Walter Foeman, City Clerk City Manager Attest: USER: INTERNATIONAL SOCCER TOUR, INC. a Florida for t profit corporation Corporate Secretary (signature) (print name and title) o (SEAL) APPROVED AS TO INSURANCE: APPROVED AS TO FORM AND j CORRECTNESS: E , Frank K. Rollason A. Quinn Jones, III Risk ManagemE;it Division City Attorney APPROVED AS TO DEPARTMENTAL REQUIREMENTS: t f Christina P. Nbrams, Director Department of Conferences, i Conventions & Public Facilities -10- 96,um 7p 9 �.. WHEREAS, the Board of Directors of INTERNATIONAL SOCCER TOUR, INC., desires to enter into an agreement with the CITY of Miami for use of the QRANGE BOWL STADIUM; and WHEREAS, the Board of Directors of INTERNATIONAL SOCCER TOUR, INC., has examined terms, conditions and 'obligations of the proposed Agreement with the CITY for said use; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the By -Laws of the corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS of INTERNATIONAL SOCCER TOUR. INC., that the President ( ) or Vice - President ( ) or Secretary ( ) (please check one) is hereby authorized and instructed to enter into a contract in the name of and on behalf of this corporation with the CITY of Miami for the use of the ORANGE BOWL STADIUM in accordance with the contract 1i documents furnished by the CITY of Miami, and for the price and upon the terms and payments contained in the proposed contract submitted by the CITY of Miami. h F s, 1 , CITY OF MIAMI, FLORIDA CA=8 ` INTER -OFFICE MEMORANDUM i TO : Honorable Mayor and Members DATE ; September 13, 1996 FILE of the City Commission SUBJECT : Resolution to set use fee and regulations for: International Soccer Tour, FROM : M/ee e n REFERENCES: Inc. Cv0pe ENCLOSURES: RECOMMENDATION: I { It is respectfully recommended that the City Commission adopt the attached proposed resolution establishing special charges, terms and conditions for the use of the Orange Bowl Stadium by the International Soccer Tour, Inc. for the presentation of the International Soccer Tour `96 which will j take place October 26, 1996. The legislation would also authorize the City Manager to execute an agreement, in substantially the attached form, with this organization for this purpose. i BACKGROVaD The Department of Conference, Conventions and Public Facilities wishes to allow the International Soccer Tour, Inc. to use said facility for the presentation of the International Soccer Tour `96 for said period. The administration has determined that modification to the standard charges, terms and conditions as specified in the City Code are appropriate for this event and has prepared an agreement with the International Soccer Tour, Inc. which delineates the various revised charges, terms and conditions for said use. INTERNATIONAL SOCCER TOUR `96 REVENUES/EXPENSE PROJECTIONS ORANGE BOWL STADIUM . OCTOBER 26, 1996 ATTENDANCE: 25,000 , USE FEE: $5,000 OR 10% OF GROSS TICKET SALES ($10,000 CAP) SURCHARGE: $18,750 CONCESSIONS: $1.60 PER CAP PARKING: $24,000 REVENUES: USE FEE $ 10,000 SURCHARGE 18,750 CONCESSIONS 40,000 PARKING 24,000 I