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HomeMy WebLinkAboutR-95-0013J-95-18 12/29/94 RESOLUTION NO . `; 5 — 13 i A RESOLUTION, WITH ATTACHMENT, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S EMERGENCY ACTION IN ESTABLISHING SPECIAL CHARGES, TERMS AND CONDITIONS FOR THE USE OF A PORTION OF THE ORANGE BOWL STADIUM BY CONCACAF, A NON-PROFIT ORGANIZATION, ON DECEMBER 2ND AND 4TH, 1994, FOR THE PRESENTATION OF "LA COPA" INTERNATIONAL SOCCER FINALS; AUTHORIZING THE CITY MANAGER f TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND CONCACAF FOR THIS PURPOSE. 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 various sporting and other events at said facility; and WHEREAS, CONCACAF wishes to present "La Copa" International Soccer Finals at the Orange Bowl Stadium on December 2nd and 4th, 1994; and WHEREAS, the Director of the Department of Conferences, Conventions and Public Facilities and the City Manager have determined that modifications to the standard use charges, terms and conditions as specified in the City Code are appropriate for said events and recommend approval of same; and CITY CO:�UOSSION DIEETT,?G OF 9 5Resolutioq No, r 13 WHEREAS, said Director and the City Manager have determined i that a use fee of $2,500 per event day, with a cap at $5,000, is appropriate for said events; and WHEREAS, CONCACAF will collect and pay to the City all applicable surcharges, and will cover all city event expenses; and WHEREAS, the Department of Conferences, Conventions and Public Facilities has prepared an agreement for the City Manager's signature which delineates the various charges, terms and conditions for said use; and ` WHEREAS, Section 53-131(C)(7) of the Code of the City of 1 IMiami, 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; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals 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. The City Manager's emergency action in establishing special charges, terms and conditions for the use of a portion of the Orange Bowl Stadium by CONCACAF, a non-profit organization, on December 2nd and 4th, 1994, for the presentation of "La Copa" International Soccer Finals is hereby ratified, approved and confirmed. Section 3. The City Manager is hereby authorized to execute an agreement, in substantially the attached form, between the City of Miami and CONCACAF for this purpose. 9 5 - 13 -2- Seotion 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 12th day of January 1995. ( ?k" �, Q,- S PHEN P. CLA MAYOR AT S i MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: RAFAEL 0. DIAZ DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A .' QUIf N JON S, I I I CITY ATTORN ROD:osk:M4856 M19 95- 13 i USE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA AND CONCACAF THIS AGREEMENT made and entered into this day of 1994, by and between the CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter referred to as the "CITY" and CONCACAF with its principal office located at 725 Fifth Ave., 17th Floor, New York, NY 10022, telephone number (212) 308-0044, hereinafter referred to as the "USER". R E C I 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 international soccer games, hereinafter referred to as the "EVENT(S)", and for no other purpose whatsoever. 1. Use Period: Said use for tho events shall be permitted for Friday, December 2, 19941, beginning at 7:00 pm and terminating that same date and Sunday, December 4, 1994, beginning at 3:00 pm and terminating that same date as well. Said use does not include set up and dismantle times. Set up shall commence no earlier than 7:00 am on the day prior to the EVENT and cleanup shall begin immediately upon the conclusion of the EVENT and conclude within a twenty-four hour period, unless otherwise mandated by the DIRECTOR or designee. The above hours of use, including set up and dismantle times, shall hereinafter referred to as the "USE PERIOD". 2. Use Fee: USER agrees to pay the CITY for each use of said FACILITY: Two Thousand Five Hundred Do Lars ($2,500.00) per USE PERIOD (EVENT day) as a minimum gua r antee, or ten percent (10%) of 95- 13 gross ticket sales, after taxes, whichever is greater, hereinafter referred to as t e "USE FEE". The total USE FEE for any USE PERIOD shall notbe greater than $5,000. 3. Deposit: A deposit of One Thousand Two Hundred and Fifty Dollars ($1,250.00) is required by CITY. Said deposit shall be held by CITY throughout the USE PERIOD to cover any and all unpaid sums due 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. Surcharge: 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 $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. 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, accommodation or material requested by and furnished to said USER for the EVENT. 6. Damage Repair: USER shall pay to the CITY the cost of any repair, rehabilitation, dam ge 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: The minimum guaranteed portion of all USE FEES and applicable taxes, shall be due ten (10) days prior to each use of said FACILITY for the immediately ensuing USE PERIOD. The balance of all USE FEES (the percentage portion), and any other sums due CITY pursuant to this Agreement, including the ticket surcharge and personnel expenses, shall be paid upon the conclusion of the EVENT. 8. Demand for Payment: The CITY, through the DIRECTOR or designee, at its sole option and discretion, shall be entitled to demand full payment for any unpaid use fee 95- 13 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 p�id from all monies that are on hand such as "on Premises 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 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 any 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 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 con ection with the EVENT. 9. Forfeit for Cancellation: 11 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. Audit Rights: 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 final payment is made under this Agreement. b. 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 date shall be by tick t only, purchased at the full ticket price established by USER, except for employees of USER and CITY whose presence is required for the presentation of the EVENT whd have received passes issued by USER, or as otherwise provided by this Agreement. 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. All 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 admission tickets sold or distributed as complimentary tickets. 95- 13 12. Complimentary Tickets: CITY shall permit USER to utilize a maximum of 5% of the total tickets printed for each EVENT as complimentary Tickets for promotional purposes. USER shall furnish 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 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 25,000 persons will be permitted for the EVENT and no more than that number of tickets shall be printed unless otherwise agreed to by both parties. 14. Gate Opening and Times of Performance: Gates are to be opened at least two hours p for to the start of the EVENT. All tickets and advertising hall indicate the gate opening time for each performance. he CITY reserves right to open gates or adjust gate 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 FACILITY. 16. Condition of FACILITY: CITY represents and warrants that the FACILITY and its fixtures and furnishings will be clean, in good order and repair, and reasonably fit for the purpose for which they are to be used, in safe condition for the use intended, and will be free o defects which would prevent or impede the proper conduct f the EVENT. USER agrees to accept said FACILITY in an s is" condition at the start of the USE PERIOD. 17. Utilities, Items Furnished by CITY: CITY agrees to furnish, at its expense, except as may be otherwise provided herein, light for ordinary use, water for all reasonable purposes, restroom supplies and nothing else. 18. Restriction 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 Ground and Turf Manager for the Stadium. 19. Facility Rules: USER acknowledges that it has read the "Rules and Regulations for Use of City of Miami Municipal 95- 13 Facilities" which are attached to the "Application for Use 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 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 ensue that staffing levels for such personnel are adequate to handle attending crowds. USER shall also furnish, at its sole cost and expense, all game officials and gamefield personnel, and all supplies and consumable goods for the sideline areas, locker rooms, game officials' room, including without limitation, ice, soft drinks, towels, and soap. 23. CITY Staffing: If required in the estimation of the DIRECTOR, 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. When such personnel are required, notification of same, including the estimated hours of work and rates of pay, shall be :furnished to, if agreed to by, the USER and the DIRECTOR �r designee at least 72 hours prior to the USE PERIOD. If staging and/or other structures are to be erected after normal CITY working hours, USER shall additionally pay for the services of a groundsman who will be assigned for the required off -duty period. 24. Union Requirements: 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 effort 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 and shall assist USER in complying with such agreements. 95- 13 2 . F' d LER shall provide a d'a ram of 5 r �y P � S the proposed EVENT layout �tojthe office of Fire Prevention, 275 N.W. 2nd Street, Miami, F1, and obtain fire permits required by the Code of the CITY of Miami, relative to fire safety. Fire Department 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. 26. Police_$ec 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 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 d direct payment of approved designated Police ansecurity 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 additional officers yin 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 t e like. 27. 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 order additional cleaning of the FACILITY and 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 USER is responsible for the payment of such trash disposal fees as are established by the CITY. b. USER agrees to tear down and remove all USER effects 95- 13 immediately after each USE PERIOD has ended, which shall be completed not later than twenty-four hours after the conclusion oeach EVENT. The DIRECTOR or designee may allow USER's effects to remain at the FACILITY overnight between USE PERIODS when such use is authorized for consecutive days. When USE PERIODS are authorized for consecutive days, USER effects shall be removed on the last day in accordance with this provision. 28. Removal of USER Effects: The CITY reserves the right to remove from the premises all USER effects remaining in or on the grounds of the FACILITY and/or STADIUM after the end of the 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 of a day that said effects 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. 29. Parking: ! a. The CITY shall furnish its normal and customary 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 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 charges. C. The CITY shall furnish the USER with 250 parking passes for parking lot S2 to be used for media and all USER' s staff. 30. Concession Rights: It is understood that concession rights for all events at the STADIUM and 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. 31. Indemnification: The USER shall indemnify and save harmless forever the CITY, and all the CITY's agents, officers and employees from and against all charges or claims resulting 95- 13 from any bodily injury, loss of life, or damage to property, from any negligent act, or o ission or neglect, by itself or its employees unless caused y the negligent act or omission of CITY or its employees or agents; the USER shall become defendant in every suit brought for any of such causes of action against the CITY or the CITY's officials, agents and employees; the USER shall further indemnify CITY as to all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claims and the investigation thereof. 32. Risk 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 premises are under the control of and occupied by the USER. All personal property placed or moved on the subject premises 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 USER or its licensees is placed on the premises during the AGREEMENT TERM, including setup and dismantle times and, in particular, during those hours of each USE PERIOD when the FACILITY are not open to the general public. i 33. 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 o same. 34. Default Provision: In the !event that USER shall fail to comply with each and every material term and condition of this Agreement or fails to perform any of the material terms and conditions contained herein, then CITY, at its sole option, upon written notice �o USER may cancel and terminate this Agreement, and all payments, advances, or other compensation paid by USER while in default of the provisions herein contained, shall be forthwith retained by CITY. 35. 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 granted and accepted, as the case may be, and that the consent of no other person or entity (governmental or otherwise) is required in connection 95- 13 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. Binding 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 by the duly authorized agent or agents executing this Agreement. 37. Nondiscrimination: There shall be no discrimination because of race, color, religion sex, national origin, age, handicap or marital status. 38. Intent of Agreement: The parties intend that this document shall be a License Agreement and that no leasehold interest is conferred upon the USER. 39. Court Costs 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. 40. Nonassignment: This Agreement may not be transferred or assigned by USER without the express written consent of the CITY. 41. Entire Agreement: 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 if its date. Any prior agre'ments, promises, negotiations, or representations not expre sly set forth in this Agreement are of no force or effect. 42. Amendments: No amendments' to this Agreement shall be binding on either party unless in writing and signed by both parties. 43. Signage: CITY agrees that all field perimeter signage rights at the EVENT shall belong to USER, and that USER shall be permitted to hang signs of all its national and international sponsors at the EVENT. 95- 13 44. Liability: CITY and USER agree that any claims arising from this Agreement may o ly be asserted by one party against the other party not against the directors, officers, employees or agents of such party). IN WITNESS WHEREOF, the parties hereto have individually and through their proper corporate officials executed this Agreement the day and year first above written. ATTEST: Matty Hirai, City Clerk ATTEST: Corporate Secretary APPROVED AS TO INSURANCE: Frank K. Rollason Deputy Chief Risk Management Department THE CITY OF MIAMI, a municipal corporation of the State of Florida: Cesar H. Odio, City Manager USER: CONCACAF-FORT LAUDERDALE STRIKERS, a Non -Profit Organization (signature) (print name and title) (SEAL) 1 APPROVED AS TO FORM AND CORRECTNESS: A. Quinn Jones, III City Attorney Law Department APPROVED AS TO DEPARTMENTAL REQUIREMENTS: Tony Pajares, Director Department of Conferences, Conven ions, and Public Facilities 95- 13 CORPORATE R WHE AS, the Executive Committee of CONCACAF-FORT LAUDERDALE STRIKERS, desires to enter into an agreement with the CITY of Miami for use of the ORANGE BOWL STADIUM; and WHEREAS, the Executive Committee of CONCACAFR-FORT LAUDERDALE STRIKERS, has examined terms, conditions and obligations of the proposed Agreement with the CITY for said use; and WHEREAS, the Executive Comm ttee at a duly held corporate meeting has considered the matter, in accordance with the By -Laws of the corporation; NOW, THEREFORE, BE IT RESOLVtD BY THE BOARD OF DIRECTORS of CONCACAF-FORT LAUDERDALE STRIKERS, 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 documents furnished by the CITY Cf Miami, and for the price and upon the terms and payments contained in the proposed contract submitted by the CITY of Miami. 95- 13 IN WITNESS WHEREOF, this da of Attest: , 199 CHAIRMAN, Executive Committee By (Signature) Print or Type Name (SEAL) Corporate Secretary Signature Print or Type Name i EXHIBIT 1 95- 13 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM : Ces� adi Cit ager CAI =13 DEC 2 2 1994 TE FILE . SUBJECT Resolution to set use fee and regulations for CONCACAF, a non-profit organization based in New REFERENCES :York City. ENCLOSURES It is respectfully recommended th t the City Commission adopt the attached proposed resolution establishing special charges, terms and conditions for the use of ;a portion of the Orange Bowl Stadium by CONCACAF, for the presentation of the "La Copa" international soccer finals on December 2nd & 4th, 1994. The legislation would also authorize !the City Manager to execute an agreement, in substantially the attached form, with this organization for this purpose. The Department of Conferences, Conventions and Public Facilities has been working with CONCACF to complete arrangements for the presentation of the "La Copa" international soccer finals at the Orange Bowl Stadium. Countries scheduled to play include Mexico, Honduras, Barbados & Guatemala. During the past few years, soccer events have attracted incr asing numbers of spectators and the Department of Conferences, Conventions and Public Facilities would like to see this trend continue. The administration has determined that modifications to the standard use charges, terms and ponditions as specified in the City Code are appropriate for this event and has prepared an agreement with CONCACAF which delineates the various revised charges, terms and conditions for said use. Under the terms of the agreement, the user has agreed to pay to the City a use fee of $2,500 vs 10% of gross ticket sales with a cap of $5,000 per event day. The organization will also collect and pay to the City all applicable surcharges, and will cover all City event expenses related to the event. 95- 13 eW19-/