HomeMy WebLinkAboutR-95-0120U-95-93
2/1/95
RESOLUTION NO.
95- 120
A RESOLUTION, WITH ATTACHMENT(S), RATIFYING,
APPROVING AND CONFIRMING THE CITY MANAGER'S
ESTABLISHMENT OF SPECIAL CHARGES, TERMS AND
CONDITIONS FOR THE USE OF THE BOBBY MADURO
MIAMI BASEBALL STADIUM BY MAYOR SAMPEDRANA
SOCCER LEAGUE OF MIAMI FOR THE PRESENTATION
OF SOCCER GAMES DURING THE PERIOD BEGINNING
JANUARY 8, 1995 THROUGH DECEMBER 31, 1995;
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH MAYOR SAMPEDRANA SOCCER LEAGUE OF
MIAMI FOR SAID USE, SUBJECT TO THE ORGANIZERS
OBTAINING INSURANCE TO PROTECT THE CITY IN AN
AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR
HIS DESIGNEE.
WHEREAS, the Department of Conferenoes, Conventions, and
Public Facilities is responsible for the operation of the Bobby
Maduro Miami Baseball Stadium and attempts to secure the
presentation of athletic events for the community; and
WHEREAS, Mayor Sampedrana S000er League of Miami requested
permission to present socoer games on Sundays throughout the said
use period; and
WHEREAS, Section 53-131(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 speoial oharges or special terms
and conditions for the use of the Bobby Maduro Miami Baseball
Stadium; and
ATTACHAAENT ( )
CITY COMIUMON
MEETING OF,
FED 0 9 1995
Resolution No.
95- 120
WHEREAS, said Director and the City Manager have determined
that a flat fee of $125.00 to the standard use charge of $500.00
minimum guarantee is appropriate for this event; and
WHEREAS, said organization will oolleot and pay to the city
all applicable surcharges and operating expenses for the events;
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. The City Manager's establishment of special
charges, terms and conditions, as set forth in the attached
agreement, for use of the Bobby Maduro Miami Baseball Stadium by
Mayor Sampedrana Soccer League of Miami for the presentation of
soccer games on Sundays, during the period of January 8, 1995
through December 31, 1995, is hereby ratified, confirmed and
approved.
Section 3. The City Manager is hereby authorized to
execute an agreement, in substantially the attached form, with
Mayor Sampedrana Soccer League of Miami for said use, subject to
the organizers obtaining insurance to protect the city in an
amount as prescribed by the City Manager or his designee.
95- 120
-2-
Seotion 4. This Resolution shall beoome effeotive
immediately upon its adoption.
PASSED AND ADOPTED this 9th day of February 1995.
4 ' S& G. (�
S PHEN P. CLA MAYOR
AT4&4-0�-
MATTY HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
OLGA MIREZ-SEI S
ASS TANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
M4930:osk:ORS
95- 120
-3-
-USE AGREEMENT
BETWEEN THE CITY OF MIAMI, FLORIDA AND
MAYOR SAMPEDRANA SOCCER LEAGUE OF MIAMI
THIS .AGREEMENT made and ent red into this day of
19_, by and betweer the CITY OF MIAMI, a municipal
corporation of the State of Florida, hereinafter referred to as
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the "CITY" and MAYOR SAMPEDRANA SOCCER LEAGUE OF MIAMI, a non-
profit organization, 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 Bobby Maduro Miami Baseball S adium, hereinafter referred to
as the "FACILITY", the said FACI ITY to be entered upon or into
for the purpose of presenting soccer games, hereinafter referred
to as the "EVENTS", and for no ot�er purpose whatsoever.
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1. Relinquishment: The USER acknowledges that if the CITY
schedules any special events, including without limitation
concerts, major sporting events, or other major events, at
the FACILITY, the USER shall relinquish its use of the
FACILITY on the conflicting date. CITY will give USER at
least seven (7) days notice of said special event.
2. Use Period: Said use for the EVENTS shall be permitted
for the period beginning o Sunday, January 8, 1995 and
terminating on Sunday, December 31, 1995. Games will only
be played on Sundays during this period. Set up shall
commence no earlier than 11 00 a.m. on each EVENT day and
dismantle shall begin immediately upon the conclusion of
each EVENT and conclude within a twenty-four hour period,
unless otherwise mandated by Ithe DIRECTOR, or designee. The
above hours of use, including set up and dismantle times,
shall hereinafter be referred to as the "USE PERIODS".
4- q� - DPI 95- 120
3. Use Fee: USER agrees to pay the CITY for the use of said
FACILITY: One Hundred Twenty Five Dollars ($125.00) flat use
fee per EVENT day, plus 6.5% State of Florida use tax and
expenses hereinafter referred to as the "USE FEE".
4. Surcharge: Based upon an actual admission price, excluding
taxes, USER shall levy and c llect 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:
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Price of Admission Surcharge!
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$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 AdditionalServices: 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 for edch EVENT.
6. Damage Repair: USER shall ay to the CITY the reasonable
cost of any repair, reha ilitation, 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 EVENTS.
7. Payments Due: The USE FEE and applicable taxes for each
EVENT shall be paid no later than (5) days prior to each
EVENT. Any other sums due CITY pursuant to this Agreement,
including the ticket surcharge, field lighting, cleanup, and
personnel expenses, shall be paid as soon as possible after
the conclusion of each EVENT.
B. Forfeit for Cancellation: All advanced sums, or advanced
payments for services shall be forfeited if, through the
fault of the USER, the EVE IT is not held during the USE
PERIOD.
9. Audit Rights
a. CITY reserves the right;to audit the records of USER at
any time during the term of this Agreement and for a
period of three years after the final payment is made
under this Agreement.
95- 120
b. If so requested by CITY, USER shall submit to the
Department of Conferences, Conventions and 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 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, USE shall furnish a copy of its
most recent Federal Income Tax return.
10. Prohibited Items: USER agre s to include in its advertising
that bottles and cans canno be brought into the FACILITY.
The CITY and USER will use their 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.
11. Condition of FACILITY: CITY represents aQa that
the FACILITY and its fixtures and furnishings will be clean,
in good order and repair,
. USER agrees to
accept said FACILITY in an s is" condition at the start of
each USE PERIOD.
12. Utilities, Items Furnished b' ITY: CITY agrees to furnish,
at its expense, except as ma be otherwise provided herein,
light for ordinary use, wat r for all reasonable purposes,
restroom supplies and nothin else.
13. 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 Grounds and Turf
Manager for the Stadium.
14. 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
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 sait Rules and Regulations repeated
in this Agreement.
15. 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.
95- 120
16. Right of Entry: The CITY reserves the right to enter upon
the FACILITY at any time during the USE PERIODS as it deems
necessary.
17.
furnish, at its sole cost
ticket takers, and ushers.
DIRECTOR or designee to ensu;
personnel are adequate to
shall also furnish, at its
officials and gamefield pe
consumable goods for the sic
officials' room, including
drinks, towels, and soap.
�rnished by USER: USER shall
and expense, ticket sellers,
USER shall consult with the
e that staffing levels for such
andle attending crowds. USER
ole cost and expense, all game
sonnel, and all supplies and
;line areas, locker rooms, game
without limitation, ice, soft
18. CITY Staffing If required in the estimation of the
DIRECTOR, or designee, CITY will provide CITY personnel,
including without limitation, Event: Supervisor, office
attendants, stadium assistants, groundsmen and others
necessary for the proper conduct of the EVENTS. USER must
pay for an electrician provided by the CITY throughout the
duration of the USE PERIOD, for night use. USER agrees to
pay said personnel directly to those individuals at rates
established by the DIRECTO . When such personnel are
required, notification of ame, including the estimated
hours of work and rates of ay, shall be furnished to the
USER by the DIRECTOR or desi nee at least 72 hours prior to
the USE PERIOS.
If staging and/or other str ctures are to be erected after
normal CITY working hours, SER shall additionally pay for
the services of a groundsman who will be assigned for the
required off -duty period.
19. 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 EVENTS. 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 vith the EVENTS and shall assist
USER in complying with such agreements.
20. Fire Safety: USER shall provide a diagram of the proposed
EVENT layout to the office oE Fire Prevention, 275 N.W. 2nd
Street, Miami, F1, and obtain permits required by the Code
of the CITY of Miami, r lative to fire safety. Fire
Department manpower requirements for each 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 Fire Department services.
95- 120
21.
22.
23.
police Security: , 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 EVENTS. USER shall be
responsible for the dir ct payment of designated Police
and security services upon the conclusion of each
EVENT.
b. If during the course o the EVENTS, the EVENT Police
commander determines t at security for the EVENT is
insufficient for prope crowd 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
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 f llowing: four hours' minimum
compensation, or, comp nsation for the actual time
devoted to the EVENT problem, including time spent
booking prisoners and t e like.
Clean-up and Dismantle:
a. USER agrees to pay for a cleaning contractor to clean
up the FACILITY after each U E PERIOD (EVENT day) has ended.
If the FACILITY is not prop6rly cleaned, the CITY has the
right to order the cleaning bf the site and charge the USER
for the cleaning. The hauling of the trash from the
FACILITY may only 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
immediately after each EVENT has ended, and shall be
completed no later than twenty-four hours after each EVENT.
responsible to install wha
and/or structures are requir
at USER's sole cost and expe
JSER Effects: USER will be
ever lighting, staging, props
d for the conduct of the EVENTS
se.
The CITY reserves the right o remove from the premises all
USER effects remaining in or on the grounds of the FACILITY
after the end of each USE PE IOD at the expense of the USER,
or the CITY may charge storage, at the same rate stated in
Paragraph 4 of this Agreement, for each day or part of a day
that said effects remain in or on the grounds of the
FACILITY after the end of each USE PERIOD.
95- 120
24. Concession Rights: It is understood that concession rights
for all events at the FACILITY belong to the CITY.
25. Parking: It is understood that all parking revenue belongs
to the CITY.
26. Indemnification: The USER shall indemnify and save harmless
forever the CITY, and all the CITY's agents, officers and
employees from and against 11 charges or claims resulting
from any bodily injury, loss of life, or damage to property,
from any act, omission oi neglect, by itself or its
employees; the USER shall hecome 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.
27. Risk of Loss: The CITY shall not be liable for any loss,
bodily injury or damage to any personal property or
equipment of the USER, or anyone whomsoever, during any
times the premises are under the control of and occupied by
the USER. All personal pr perty 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 USE PERIODS, including setup and
dismantle times and, in par icular, during those hours of
each USE PERIOD when the remises are not open to the
general public.
28. Insurance: Liability Insurance is required of USER and is
to be cleared through the office of the CITY's Risk
Management Department located in the Dupont Plaza, 300
Biscayne Blvd., Way, Suite 420, 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 and the types and limits of liability
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.
29. Default Provision: In the event that USER shall fail to
comply with each and ever term and condition of this
Agreement or fails to pe form any of the terms and
conditions contained herein,�then CITY, at its sole option,
upon written notice to 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.
95- 120
30. 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
therewith, except as otherwise provided in this Agreement
and that this Agreement constitutes a valid and binding
obligation of such party, en orceable against such party in
accordance with the terms he eof.
31. 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.
32. Nondiscrimination: USER agrees that it shall not
discriminate as to race, sex, color, religion, handicap,
age, marital status or national origin in connection with
any operation under this agreement.
33. Intent of Agreement: The pa ties intend that this document
shall be a License Agreement and that no leasehold interest
is conferred upon the USER.
34. Court Costs and Attorneys ' Fees: If it becomes necessary
for the CITY to institute pr ceedings to collect any monies
due it by USER, USER agrees o pay any and all court costs,
reasonable attorney's fees nd other expenses incurred in
the collection thereof. USER agrees that venue in any
litigation and/or abitration arising from this Agreement
shall be located within Dade County, Florida.
35. Nonassignment: This Agreement may not be transferred or
assigned by USER without the express written consent of the
CITY Manager.
36. Entire Agreement: This instrument and its attachments
constitute the sole and only Agreement of the parties hereto
relating to the use of the F CILITY and correctly sets forth
the rights, duties, and obli ations 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 force or effect.
37. Amendments: No amendments to this Agreement shall be
binding on either party unle s in writing and signed by both
parties.
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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: CITY: THE CITY OF MIAMI, a
municipal corporation of the
State of Florida:
Matty Hirai, City Clerk Cesar H. Odio, City Manager
USER: MAYOR SAMPEDRANA SOCCER
LEAGUE OF MIAMI.
Secretary (signature)
(print name)
(title)
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APPROVED AS TO INSURANCE: APPROVED AS TO FORM AND
CORRECTNESS:
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Frank K. Rollason A. Quinn Jones, III
Risk Management Department City Attorney
APPROVED AS TO DEPARTMENTAL REQUIREMENTS: 11,
Tony Pajares, Director
Department of Conferences,
Conventions and Public Facilities
95- 120
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members
of the City Commission
FROM
Ces Ali
Cit ager
WDIGIO)TYEVORi� _ •
CA=1 1
JAN 31 1995 FILE :
SUBJECT : Resolution to set use fee
and regulations for:
Mayor Sampedrana Soccer
League of Miami, a non-
REIFERENCES :profit organization.
ENCLOSURES:
It is respectfully recommended that the City Commission adopt the
attached proposed resolution establishing special charges, terms
and conditions for the use of the Bobby Maduro Miami Baseball
Stadium by Mayor Sampedrana Soc er League of Miami, for the
presentation of weekly soccer g es to be held on Sundays, from
January 8 to December 31, 1995. The legislation would also
authorize the City Manager t execute an agreement, in
substantially the attached form, with this organization for this
purpose.
The Department of Conferences, Conventions and Public Facilities
wishes to allow Mayor Sampedrana Soccer League of Miami to use
said facility for the presentation of several soccer games
throughout the 1995 year. During the past few years, soccer
events have attracted increasing 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 onditions as specified in the
City Code are appropriate for this event and has prepared an
agreement with Mayor Sampedrana Soccer League of Miami 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 $125.00 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- 120 C�##_(