HomeMy WebLinkAboutR-95-0764LT- 95-934
10/30/95
RESOLUTION NO. 9 5 .- 764
A RESOLUTION, WITH ATTACHMENT (S), RATIFYING,
APPROVING AND CONFIRMING THE CITY MANAGER'S
WAIVER OF ALL USER FEES FOR THE USE OF THE
BOBBY MADURO MIAMI BASEBALL STADIUM BY MIAMI
DADE COMMUNITY COLLEGE-WOLFSON CAMPUS FOR THE
PRESENTATION OF GAMES AND PRACTICES BY SAID
SCHOOL'S BASEBALL TEAM, THE BARRACUDAS, FROM
SEPTEMBER 20, 1995 THROUGH MAY 10, 1996;
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, BETWEEN THE CITY OF MIAMI AND MIA.MI
DADE COMMUNITY COLLEGE-WOLFSON CAMPUS FOR
SAID PURPOSE, 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 Conferences, Convention and
Public Facilities is responsible for the operation of the Bobby
Maduro Miami Baseball Stadium and attempts to secure the
presentation there of events for the community; and
WHEREAS, presentation of baseball games by Miami Dade
Community College -Wolfson Campus is representative of the type of
community sports events the city desires to promote; and
WHEREAS, Section 53-146(c)(6) 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
iT , T . ACHAIENT (S)
n` CONTAINED �
CITY COMMISSI02d
MEETING OF
0 C i 2 6 'q95
Resolution No.
95-- 764
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 action in waiving all user
fees for the use of the Bobby Maduro Miami Baseball Stadium by
Miami Dade Community College -Wolfson Campus for the presentation
of games and practices by said school's baseball team, the
Barracudas, for the period September 20, 1995 - May 10, 1996, 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 Miami Dade Community College -Wolfson Campus
for said purpose, subject to the organizers obtaining insurance
to protect the city in an amount as prescribed by the City
Manager or his designee.
Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 26th
ATTEST:
WALTER�- OEMAN
CITY CL K
-2-
day of October , 1995.
1;4n
STE EN P. OCLARf, MAYOR
95r- 764
USE AGREEMENT
BETWEEN THE CITY OF MIAMI, FLORIDA
AND MIAMI-DADE COMMUNITY COLLEGE
This AGREEMENT made and entered into this day of
19 , by and between the CITY OF MIAMI, a municipal
corporation of the State of Florida, hereinafter referred to as
the "CITY" and MIAMI-DADE COMMUNITY COLLEGE - WOLFSON CAMPLJ;.
ATIiLETICS, with its office located at 300 N.E. Second Avenue,
Miami, FL 33132-2297, telephone number (305)347-3081, hereinafter.-
referred to as the "USER".
R E C I T A L:
In consideration of the covenants and agreements hereinafter se:-.
forth, the CITY does hereby grant unto the USER the privilege of
entry upon or into the municipal facility of the CITY known a
the Bobby Maduro Miami Baseball Stadium, hereinafter referred to
as the "FACILITY", the said FACILITY to be entered upon or into
for the purpose of presenting baseball team games and practices,',
hereinafter referred to as the "EVENT(S)", and for no othP).
purpose whatsoever.
1. USE PERIOD: Said use for the events shall be permitted for
the period commencing on September 20, 1995 and terminating
on May 10, 1996, on specific dates as may be available,
excluding night games, subject to the approval of the
Director of Conferences, Conventions and Public Facilities.
All paid events for the Bobby Maduro Miami Baseball Stadium
shall take precedence during said USE PERIOD.
2. USE FEE: Said USE FEE is waived, as approved by the City
Commission.
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95- 764
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3.
Paynent 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 for each EVENT.
Damage Repair: USER shall pay to the CITY the reasonable
_
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 EVENTS.
5.
Payments Due: All sums due to the CITY pursuant to this
Agreement, including personnel expenses, if applicable,
shall be paid as soon as possible after the conclusion of
each EVENT.
6.
Forfeit for Cancellation: All advanced sums, or advanced
payments for services shall be forfeited if, through the
fault of the USER, the EVENT is not held during the USE
PERIOD.
7.
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.
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, USER shall furnish a copy of its
most recent Federal Income Tax return.
8.
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 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.
9.
Condition of FACILITY: CITY represents and warrants that
the FACILITY and its fixtures and furnishings will be clean,
in good order and repair, a��eps
-
_- USER agrees to
accept said FACILITY in an "as is" condition at the start of
each USE PERIOD.
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95- 764
10. 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.
11. Restriction for Pl_ying--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.
12. 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 said Rules and Regulations repeated
in this Agreement.
13. 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.
14. Right of Entry: The CITY reserves the right to enter upon
the FACILITY at any time during the USE PERIODS as it deems
necessary.
15. 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. 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.
16. CITY Staffina: 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 DIRECTOR. When such personnel are
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95- 7164
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 PERIODS.
If staging and/or other structures are to be erected after
normal CITY working hours, USER small additionally pay for
the services of a groundsman who will be assigned for the
required off -duty period.
17. .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 with the EVENTS and shall assist
USER in complying with such agreements.
18. Fire Safety 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 permits required by the Code
of the CITY of Miami, relative 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.
19. 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 direct payment of designated Police
and security services upon the conclusion of each
EVENT.
b. If during the course of the EVENTS, the EVENT Police
commander determines that security for the EVENT is
insufficient for proper 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
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95- 764
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 PERIODS.
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.
17. 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 with the EVENTS and shall assist
USER in complying with such agreements.
18. Fire Safety: 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 permits required by the Code
of the CITY of Miami, relative 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.
19. 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 direct payment of designated Police
and security services upon the conclusion of each
EVENT.
b. If during the course of the EVENTS, the EVENT Police
commander determines that security for the EVENT is
insufficient for proper 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
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95- 764
20.
21.
are already on duty, payment shall be made at their
normal hourly rate of pay. 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.
Cleanup and Dismantle:
a. USER agrees to pay for a cleaning contractor to clean
up the FACILITY after each USE PERIOD (EVENT day) has ended.
If the FACILITY is not properly cleaned, the CITY has the
right to order the cleaning of 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.
Placement and Removal of USER Effects• USER will be
responsible to install whatever lighting, staging, props
and/or structures are required for the conduct of the EVENTS
at USER's sole cost and expense.
The CITY reserves the right to remove from the premises all
USER effects .remaining in or on the grounds of the FACILITY
after the end of each USE PERIOD 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.
22. Concession Rights: It is understood that concession rights
for all events at the FACILITY belong to the CITY.
23. Parking: It is understood that all parking revenue belongs
to the CITY.
24. 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
from any bodily injury, loss of life, or damage to property,
from any act, omission or neglect, by itself or its
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95- 764
employees; 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, attornev's fees,
expenses and liabilities incurred in the defense of any such
claims and the investigation thereof.
25. 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 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 USE PERIODS, including setup and
dismantle times and, in particular, during those hours of
each USE PERIOD when the premises are not open to the
general public.
26. 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
affordingcoverage 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.
27. Default Provision: In the event that USER shall fail to
comply with each and every term and condition of this
Agreement or fails to perform 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.
28. 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, enforceable against such party in
accordance with the terms hereof.
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29.
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.
30.
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.
31.
Intent of Agreement: The parties intend that this document
shall be a License Agreement and that no leasehold interest
is conferred upon the USER.
32.
Court Costs and Attorney' 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. USER agrees that venue in any
litigation and/or arbitration arising from this Agreement
shall be located within Dade County, Florida.
33.
Nonassignment: This Agreement may not be transferred or
assigned by USER without the express written consent of the
CITY Manager.
34.
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 agreements, promises, negotiations,
or representations not expressly set forth in this Agreement
are of no force or effect.
35.
Amendments: No amendments to this Agreement shall be
binding on either party unless in writing and signed by both
parties.
IN WITNESS WHEREOF, the parties hereto have individually an-)
through their proper corporate officials executed thi-I
Agreement the day and year first above written.
ATTEST:
Walter Foeman, City Clerk
CITY: THE CITY OF MIAMI,.a
municipal corporation of the
State of Florida:
Cesar H. Odio, City Manager
USER: MIAMI DADE COMMUNITY
COLLEGE-WOLFSON CAMPUS
ATHLETICS.
Secretary (signature)
(print name)
(title)
APPROVED AS TO INSURANCE:
Frank K. Rollason
Risk Management Department
APPROVED AS TO FORM AND
CORRECTNESS:
A. Quinn Jones, III
City Attorney #/)/
APPROVED AS TO DEPARTMENTAL REQUIREMENTS:
Tony Pajares, Director
Department of Conferences,
Conventions and Public Facilities
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and Members DATE October 25, 1995 FILE
of the City ommission
SUBJECT Pocket Item
FROM (Willy) Gort REFERENCES:
COm issloner ENCLOSURES
Letter attached
I would like to bring up as a pocket item at the October 26, 1995 City Commission meeting a
request by Dr. Castell V. Bryant, President of Miami Dade Community College, Wolfson
Campus. She is requesting that the Bobby Maduro Stadium rental fees be waived for the
college's baseball 1.995 season.
Thank you for your cooperation.
WG/rr
cc: Cesar Odio, City Manager
A. Quinn Jones, City Attorney
Walter Foeman, City Clerk
95-- 764
. ' Office of the leis ""'President
? itltl NTf 2nd A�
Miami,Hotida 33U2.2297
1 05) 2;--4221
Miami -bade
LFV COMMUNITY COLLEGE
District Administration
October lb, 1995
The Honorable Willy Gort
Commissioner
City of Miami
3500 Pan American Drive
Miami, Florida 33135
Eduardo]. Padrbn
District President
Dear Comm' oner Gort:
We are extremely proud of the existence, not to mention achievements, of the Barracuda athletic
program at the Wolfson Campus of Miami -Dade Community College, which is generally considered
an underdog, albeit with a sharp bite. Since its inception in 1973, a legacy of success has been firmly
established, underdog label notwithstanding. This is remarkable due to the fact that there are no
training facilities at the Wolfson Campus and our student athletes must be transported to practices
at off -campus locations.
The men's Barracuda baseball team is a case in point. Since Head Baseball Coach Steve Hertz
arrived at the Wolfson Campus in 1986, the Barracudas have made seven appearances in the State
tournaments, and achieved top ranking at the State and national levels. This year, as you may already
be aware, the Wolfson Campus men's Barracuda baseball team was most impressive in its
performance, posting a record 37-12, making it to the State Championship playoffs. I am enclosing
a copy of the 1994 MDCC-Wolfson Campus Barracuda Baseball guide for your perusal.
An integral part of the men's baseball team's success is access to the field at the City of Miami's
Bobby Madura Stadium for practice sessions during the Fall and Spring semesters each season. The
Wolfson Campus has previously leased the stadium for a yearly fee of $4,000.
This year, our athletic program faces a grave crisis due to financial constraints and has no money to
rent the facility. We therefore need your help in obtaining the use of the field for us, at no cost to the
College. We have no other quality field on which to play and we wish to continue playing games at
Bobby Maduro Stadium during the 1995 season. The Wolfson Campus would also continue to do
all of its own maintenance on the field, including watering, dragging, raking, lining and cleaning up.
The Fall schedule for the men's Barracuda baseball team will consist of practices beginning the first
week of September and ending by Thanksgiving. The team is scheduled to play approximately 10
home games during that period and 10 away games. Practices will be conducted on days during
95- 764
Gort, Bobkj, Maduro ,Stadiuon, p. 2
which the team is not playing. The team will not be playing on weekends. Enclosed please find the
regular season schedule for 1994 which runs from February 1 through April 20. The 1995 season
will be similar with practices scheduled to begin on January 10 at Bobby Maduro Stadium.
Willy, once again, I need your help to secure the stadium under the same terms as last year and
especially at no cost to the College. We need your support and assistance so that we can reassure
the coaching staff and players, and finalize the training schedule for the Wolfson Campus' men's
Barracuda baseball team.
I appreciate whatever you can do to help us. Please contact me at 237-3310, if you have any
questions or require additional information.
Sincerely,
Castell V. Bryant
c: Steve Hertz
Enclosures
95- 764