HomeMy WebLinkAboutR-94-0007U-94-14
12/29/93
94- 1
RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENT, CONCERNING THE
USE OF THE DAMES L. KNIGHT CONVENTION
CENTER'S RIVERFRONT HALL BY THE DEPARTMENT OF
FIRE -RESCUE FOR THE PRESENTATION OF THE 1994
FIRE SAFETY CHILDREN'S FESTIVAL DURING
NATIONAL FIRE PREVENTION WEEK, OCTOBER 10 -
14, 1994; APPROVING A GRANT, IN THE AMOUNT OF
$8,400, IN SUPPORT OF SAID EVENT; ALLOCATING
FUNDS THEREFOR FROM SPECIAL PROGRAMS AND
i ACCOUNTS; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT AND ADDENDUM,
IN SUBSTANTIALLY THE ATTACHED FORM, WITH
LEISURE MANAGEMENT FLORIDA, INC. FOR THIS
PURPOSE.
--
WHEREAS, each year during National Fire Prevention Week all
five (5) local fire departments join together to sponsor a Fire
Safety Children's Festival with approximately 5,000 children
learning very important life safety messages; and
WHEREAS, President Clinton has commended all the members and
staff of the rescue and fire departments, safety organizations,
and hospitals for joining forces to bring this comprehensive
information program to the thousands of elementary school
i
children of Dade County; and
WHEREAS, in 1994 the Fire Safety Children's Festival will be
sponsored by the City of Miami; and
'ATTA CHMENT(S)
,Ff
MEETING OF.
JA N 1 3 1994
Reaolufl= No.
9 4 - 7
WHEREAS, the City Manager or his representative has applied
for the utilization of the Miami Convention Center's Riverfront
Hall for October 1994, National Fire Prevention Week, as the
i
location for the City of Miami sponsored Fire Safety Children's
Festival;
NOW, THEREFORE, HE 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. A Grant, in the amount of $8,400, is hereby
approved in support of the Department of Fire -Rescue's
presentation of the 1994 Fire Safety Children's Festival during
National Fire Prevention Week, October 10-14, 1994, to be held in
the James L. Knight Convention Center's Riverfront Hall, with
funds therefor hereby allocated from Special Programs and
Accounts.
Section 3. The City Manager is hereby authorized to
execute an Agreement and Addendum, in substantially the attached
form, with Leisure Management Florida, Inc., for said purpose.
Section 3. This Resolution shall become effective
immediately upon its adoption.
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PASSED AND ADOPTED this 13th day of January 1994.
STIVPHEN P. CZ , MAYOR
BUDGETARY REVIEW & APPROVAL:
MANOHAR SU ,� RECTOR
DEPARTMENT GET
PREPARED AND PPROVED BY:
CARMEN L. LEON
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
/) /% . 1
A'. WINN a S , II
CITY ATTO Y
CLL:osk:M4072
-3-
FINANCIAL REVIEW & APPROVAL:
CATgDS E. GARCIA,DIRECTOR
DEPARTMENT OF FINANCE
94- 7
ADDENDUM TO USE AGREEMENT
MIAMI CONVENTION CENTER
400 S.E. SECOND AVENUE, MIAMI, FLORIDA 33131
(For Non -Ticketed Event)
This Addendum hereby becomes a part of Use Agreement.
Addendum Number: 143 Dated: AUGUST 17, 1993, between the CITY OF MIAMI
CONVENTION CENTER and CITY OF MIAMI FIRE DEPARTMENT
1. User's address is 3425 JEFFERSON STREET, MIAMI, FLORIDA 33133;
ATTENTION: VICKI WADE .
User's telephone number is: (305) 444-1206; and User's facsimile number
is: (305) 445-5183.
2. The Licensed Premises shall consist of the following portions of the
Convention Facility:
JAMES L. KNIGHT CENTER:
CONVENTION CENTER: RIVERFRONT HALL - ALL SPACE
MEETING ROOMS:
OTHER:
3.
The purpose(s) for which
the Licensed Premises may be used pursuant to
the Agreement is (are) the following, and no other:
FIRE PREVENTION WEEK
4.
The Term shall commence
on OCTOBER 10 1994, at 8:00 A.M. and shall
terminate on OCTOBER 14,
1994, at 11:59 P.M.
5.
The rate per hour for the
calculation of the additional charge set forth
in Paragraph l(b) of the
Agreement is 500.00.
6.
The Base Fee for the use
of the Licensed Premises pursuant to Paragraph
2(a) of the Agreement
is $11,700.00 as the basic rental fee (the
"Minimum Fee"),:plus any
reimbursable expenses for labor.
7.
The amount of the initial Deposit is $5,850.00 and is due on AUGUST 29,
1994, together with the
executed originals of the Use Agreement and
accompanying Addendums.
8.
The balance of the Base Fee
is $5,850.00 and is payable on SEPTEMBER 14,
1994, together with the
receipt of a valid original Certificate of
Insurance.
9. Additional insurance to be provided by User is as follows: N/A.
10. Omitted intentionally. Please refer to paragraph 7 above.
11. Center shall hold the exclusive right to provide post show cleaning for
all conventions. Pricing for post show cleaning will be determined on
a show basis taking into account the show size (i.e., number of
exhibits) and the demographics of the exhibits (i.e., anticipated trash
accumulation). All quotes will be issued by Center.
12. User is responsible for payment of post show cleaning, unless otherwise
approved by Center. Additionally, a charge for the rental of a 20 cubic
yard dumpster will be assessed, if Center finds it necessary to rent
trash dumping facilities.
13. Center holds the exclusive right to provide booth cleaning service for
exhibitors.
Page 1 of 2
14. User is responsible for all expenses when/if incurred, as follows:
Personnel:
House Security $9.50/hour per person
Usher and Ticket Takers $7.00/hour per person
Police (City of Miami off -duty police rates.)
Forklift $125.00/day
All personnel charges have a four-hour minimum charge per person.
15. Other provisions: IN THE EVENT THAT BOX OFFICE RECEIPTS ARE NOT
AVAILABLE OR ARE NOT SUFFICIENT TO COVER ESTIMATED LABOR COSTS, THEN
i
THESE COSTS WILL BE DUE FROM USER BY OCTOBER 14, 1994. FINAL SETTLEMENT
WILL TAKE PLACE AFTER THE COMPLETION OF THE EVENT.
I
USER: CITY OF MIAMI CITY OF MIAMI
FIRE DEPARTMENT By: LEISURE MANAGEMENT FLORIDA,
INC., as agent
By: By:
MANUEL MARRERO
GENERAL MANAGER
PRINT NAME:
Date: Date:
REF13\7702-565-AOR(8/17/93-12:23)
Page 2 of 2
9 4 - 7
USE AGREEMENT
MIAMI CONVENTION CENTER
400 S.E. Second Avenue, Miami, Florida 33131
THIS AGREEMENT mode this _LZ_ day of A11M IST 1199_3, between LEISURE MANAGEMENT FLORIDA, INC. ("LMF")
as agent for the City of Miami, a municipal corporation of Dade County, Florida (hereinafter referred to as "Center") and
CITY OF MIAMI FIRE DEPARTMENT
(hereinafter referred to as "User") whose address is set forth in Paragraph 1 of the Addendum to this Use Agreement (the "Addendum") attached hereto end
hereby made a part hereof.
WHEREAS, the City of Miami/University of Miami James L. Knight International Center, located at 400 S.E. Second Avenue, Miami, Florida (the
"Facility% is a public facility owned by the City of Miami; and
WHEREAS, the Facility is operated by LMF under an agreement dated September 8, 1992, between LMF and the CITY OF MIAMI; and
WHEREAS, User desires to use certain portions of the Facility for the Event (as hereinafter defined) during the Term (as hereinafter defined) and on
the terms and conditions hereinafter set forth, and Center is amenable to such use by User.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
1. AREA - DATES RESERVED.
(a) For and in consideration of the sums hereinafter specified, Center grants to User the use of the facilities in the Facility more particularly
set forth in Paragraph 2 of the Addendum (collectively, the "Licensed Premises), for the program and/or event (the "Event") specified in Paragraph 3 of the
Addendum, on the dates and at the times (the "Term") set forth in Paragraph 4 of the Addendum.
(b) This Agreement grants User only the use of the Licensed Premises and does not extend to or include the parking garage or any surrounding
or contiguous area in or near the Facility unless specified in this Agreement. User must vacate the Licensed Premises no later than the hour set forth as the
expiration of the Term. In the event User fails to vacate the Licensed Premises and remove its equipment by the date and hour designated, Center will assess
the charge per hour set forth in Paragraph 5 of the Addendum for each hour (or any part thereof) that User or User's equipment remains upon the Licensed
Premises after the hour of termination designated above.
2. FEES.
(a) User agrees to pay by cash, cashier's check or money order payable to "Miami Convention Center" for use of the Licensed Premises the
sum (the "Base Fee") set forth in Paragraph 6 of the Addendum, plus applicable sales or use tax. All payments from User to Center required hereunder shall
be paid in lawful money of the United States, certified check or other manner approved by Center.
(b) A non-refundable deposit (the "Deposit") in the amount set forth in Paragraph 7 of the Addendum shall be paid when this Agreement is
executed, and final settlement of all monies owing under this Agreement shall be made on or before the date and time set forth in Paragraph 8 of the Addendum.
(c) (t) If User cancels this Agreement or otherwise fails to comply with its terns, the aforesaid non-refundable Deposit, at the option of
the Center, shall be retained by Center without any claim therefor by User. Center, however, also has the option to elect to commence a suit or other action
against User by reason of such cancellation or failure to perform for the balance of any unpaid Base Fee plus any resulting damages.
(ii) In case suit or other action is instituted by Center against User as a result of User's failure to comply with the terms of this
Agreement, Center shall recover all damages provided by law, all costs and disbursements provided by statute and costs usually incurred, including reasonable
attorney's fees and disbursements, at both trial and appellate levels.
(d) User covenants and agrees to pay interest at the rate of the lesser of 18`,K per annum or the maximum lawful interest rate for any sums
due and not paid within 24 hours after the date the same became due, but the foregoing shall not be deemed to be an extension of the time as to which payment
is otherwise required hereby.
3. INSURANCE AND INDEMNITY BY USER.
(a) User agrees to obtain at its own expense, and to keep in full force and effect during the Term and for any other periods that User may use
or occupy all or any part of the Licensed Premises, the following insurance policies with an insurance carrier or carriers rated no less than "A" as to management
and no less than "X" as to strength, according to Best's Guide Rating Book, duly registered with the Secretary of State and authorized to conduct business in
the State of Florida:
(I) Comprehensive General Liability (occurrence insurance) including personal injury, property damage, contractual liability (applicable
to the indemnity provisions of this Agreement), completed operations and products liability, with the following minimum limits, and no deductible with respect
to coverage applicable to (or for the benefit of) Center and the Other Beneficiaries (as hereinafter defined):
Bodily Injury (each occurrence): $1,000,000.00
Property Damage (each occurrence): $1,000,000.00
Aggregate: $1,000,000.00
(i) Worker's Compensation including Employer's liability in statutory amounts.
(iii) Property damage or loss for full insurable value of User's (and its agents', contractors' and performers') property and equipment
to be brought into or located in the Facility.
(iv) Such other insurance as may be required by the terms of Paragraph 9 of the Addendum.
(b) User shall riame Center, the City of Miami, LMF and their respective officials, officers, partners, agents and employees (collectively, the
"Other Beneficiaries") as additional insureds on the Comprehensive General Liability Policy. In addition User will provide all required insurance and Center
will only accept "occurrence insurance" type coverage, and Center will specifically reject "claims made" type insurance coverage. Each policy of,liability
insurance obtained and maintained by User in accordance with the provision of this Agreement must be endorsed to be primary of all other valid and collectible
insurance of User and Center, and the certificate and/or certificates of insurance to be furnished by User to Center pursuant to the provision of this Agreement
must certify that such policy of insurance has been endorsed to be primary of all other valid and collectable insurance of User and Center. Such insurance policy
(or certificate) shall state, after the above referenced additional named insureds, that, "This coverage is primary to all other coverage the additional insureds
may have."
(c) At least ten days prior to the commencement of the Term, User shall furnish Center with a certificate of insurance which indicates that
the required coverage is in effect during the Term at the aforementioned limits. All insurance coverage required by this Agreement must: (1) provide that no
material change, cancellation or termination shall be effective until at least 30 days after receipt of written notice thereof has been received by Center, (2) provide
that such insurance shall not be invalidated by any act, omission or negligence of Center, the Other Beneficiaries, any contractor or subcontractor or any person
or entity having an interest in the Facility nor by any change in title to or ownership of the Facility; and (3) include a waiver of all rights of subrogation in favor
of Center and the Other Beneficiaries. In the event User fails to so provide such certificate, Center may obtain said policy at User's expense or cancel the Event.
(d) User shall indemnify, defend, save and hold harmless Center and the Other Beneficiaries from any and all claims for losses, injuries,
damages and liabilities to persons or property (including without limitation, the Licensed Premises, fittings equipment and furnishings of the Facility, and the
claims of any and all persons for injury to persons or damage to property occasioned by or in connection with the use of the Licensed Premises by User), and
Center's attomeys' fees and expenses incurred in connection therewith, occasioned, wholly or in part, by the acts or omissions of User, its agents, officers,
exhibitors, performers, employees, contractors, guests, patrons or any person admitted to the Licensed Premises by User during the Term or at any other time
94- 7
while the Licensed Premises (or any pan mercot, or uic rucooy/ a,c uav- .•y ........ .••• �• r • . �•
responsibility for the character, acts and conduct of any person admitted to the Licensed Premises by consent of User, its officers, employees or agents. User
further agrees to indemnify Center for any costs, expenses or attorneys' fees incurred by Center as a result of any such claim, demand or causes of action, except
1 for those claims, demands or causes of actions arising solely out of the gross negligence of Center, its agents, representatives and employees. The foregoing
j limitation shall not, however, limit or impair in any way either die obligations of any insurance company providing insurance coverage for Center and the Other
Beneficiaries pursuant to this Paragraph, or the primary coverage afforded by any such policy.
4, ASSIGNMENT. User may not assign or transfer (including aublicensing) to others its rights to use the Licensed Premises or any part thereof.
User's subsequent entry into a management agreement for operating of the Event and, if User is a corporation or other legal entity, any change in control of
User, will bb deemed a prohibited assignment. Death or incapacity of an individual User shall, at the election of Center, likewise terminate this Agreement.
COMPLIANCE WITH LAWS AND REGULATIONS.
(a) User and its agents, guests and employees will observe and comply with all laws, ordinances and regulations adopted or established by
the United States, the State of Florida, the City of Miami or Dade County, and the departments, agencies, boards, bureaus and instrumentalities thereof
(including without limitation the Americans with Disabilities Act of 1991), and with all rules and regulations as promulgated by the City of Miami Departments
of Health and Safety and Permits. User shall not permit anything to be done at the Licensed Premises which is in violation of any such laws, statutes,
ordinances, rules or regulations.
(b) User shall obtain all necessary permits or licenses required by such laws, statutes, ordinances, rules and regulations. If proper required
licenses and permits are not obtained by User, then Center may obtain same and User will be responsible for reimbursement of all associated costs.
(c) User shall, and shall cause its servants, agents, employees, licensees, patrons and guests, to abide by such reasonable rules and regulations
as may from time to time be adopted by Center for the use, occupancy and operation of the Facility.
(d) User will obtain at its own expense any licenses, permits, union and trade organization clearances required by any public body or by contract
for use by User of the Licensed Premises. In addition, 0ayment for all Federal, State or local taxes and licenses in connection with any Event shall be the
liability and responsibility of User. However, if Center deems it advisable for the protection of Center, Center shall have the authority to collect all such taxes
and pay them over to the proper representatives of the State, Federal or other units of government.
6. CONCESSION SALES. Except as specifically provided for herein, Center reserves unto itself, or its assigned agents, the sole rights: (a) to sell
or dispense programs, librettos, periodicals, books, magazines, newspapers, soft drinks, flowers, tobaccos, candies, food, novelties, novelty merchandise or
any related merchandise commonly sold or dispensed in auditoriums, (b) to rent and/or sell opera glasses, cushions and other articles, (c) to take and/or sell
photographs, and (d) to operate the parking lots and checkrooms; although the foregoing shall not impose any obligations upon Center to provide any of the
foregoing services, except as may otherwise be expressly provided herein.
7. HANDLING FUNDS. In the handling, control, custody and keeping of funds, whether the same are received through Center's box office or
otherwise, Center is acting for the accommodation of User, and as to such funds, Center shall not be liable to User nor to any other person for any loss, theft,
or defalcation thereof. User assumes full responsibility for all customers' checks returned by Center's bank because of insufficient funds or for any other reason,
and the total sum thereof shall be charged against User's share of the gross receipts.
8. CONTROL OF FACILITY. The Facility, including all keys thereto, shall be at all times under the control of the General Manager, and he or
other duly authorized representatives of Center shall have the right to enter the Licensed Premises at all times during the period covered by this Agreement.
References in this Agreement to the General Manager shall mean the person designated as such from time to time by LMF. The General Manager is a principal
representative of Center and all matters relative to this Agreement are to be directed to hint. The entrances and exits of the Licensed Premises shall be locked
and unlocked at such times as may be reasonably required by User for its use of the Facility; but User, at its own expense, must at all times place proper
watchmen at all entrances and exits when the same are unlocked, in the absence of which Center shall have the right to do so and charge User for such services.
RELATIONSHIP OF PARTIES.
(a) It is expressly understood that Center shall not be construed or held to be a partner, agent or associate (by joint venture or otherwise) of
User in the conduct of its business, it being expressly understood that the relationship between the parties hereto is and shall remain at all times that of licensor
and licensee.
(b) It is understood and agreed that no agent, servant or employee of User or any of its subcontractors shall under any circumstances be deemed
an agent, servant or employee of Center.
10. EXISTING UTILITIES. The Base Fee includes the permanently attached electric lights, heat and/or air-conditioning needed for the presentation
of the Event; however, failure to furnish any of the foregoing from circumstances beyond the control of Center shall not be construed to be a breach of this
Agreement. Center shall not, however, be liable for failure to furnish any of the foregoing if its failure is caused by conditions or events beyond the control
of Center, including but not limited to acts of God, accidents, mechanical breakdowns, repairs or strikes, nor shall Center be liable, under any circumstances,
for loss of or injury to persons or property, however occurring, or for loss of profits or other consequential damages arising through or in connection with or
incidental to the furnishing of or failure to furnish any of the utilities or other services required to be provided by this Paragraph, or for any interruption to
User's business, however it may occur.
11. OCCUPANCY DISRUPTION.
(a) In the event the Facility or any part thereof shall be destroyed or damaged by fire, acts of God, or any other cause, or if any other casualty
or unforeseen occurrence of any kind shall render the fulfillment of this Agreement by Center reasonably or practically impossible, including without limitation
thereto, the requisitioning of the Licensed Premises by the United States Government, or any arm thereof, or by reason of labor disputes or civil disturbances.
then and thereupon, this Agreement shall terminate and User shall pay fees for the Licensed Premises only up to the time of such termination, at the rate herein
specified, and User hereby waives any claim for damages or compensation should this Agreement be so terminated.
(b) The General Manager or his designee can extinguish all utilities and order evacuation of all or any portion of the Licensed Premises, or
cause to be removed therefrom any person or group of persons, any materials, equipment or other items if, in his judgment, danger is imminent, or dangerous
circumstances have already occurred, and such action is necessary to secure the safety and welfare of persons or property. In such event, User waives any right
or claim for damages against Center, its agents or servants.
(c) If the termination of the performance described in Subparagraph I1(b) above shall be due to the acts or omissions of User, its agents,
employees, members, licensees or invitees, then User shall be liable for the entire Base Fee charged hereunder, as well as accrued charges, in addition to such
other damages that may result from such acts or omissions. User hereby waives any claim for damages or compensation from Center on account of such
termination.
12. CENTER'S RIGHT'rO TERMINATE. Without prejudice to any other rights and remedies that may be available to Center, it is agreed that in
the event of the breach by User of one or more of the provisions of this Agreement or any misrepresentations by User in obtaining this Agreement, Center may
refuse to allow User to take possession of the Licensed Premises or if User is already in such possession, may stop all activities of User in the Licensed Premises
and oust User therefrom. Center, its agents and employees, shall in no way be responsible to User for doing any or all of the things authorized by this
Paragraph.
13, COOPERATION WITH OTHER USERS. User understands and acknowledges that the use hereby granted is non-exclusive and that there may
be other events and activities being held or performed in the Facility. User agrees that Center shall have full, complete and absolute authority to establish
schedules for the use of the Facility. User understands that Center may make available for use by others such portions, areas and facilities of the Facility that
are not subject to this Agreement. User agrees to cooperate in good faith with Center and with those persons that may be using other portions and areas of
the Facility, especially during periods of ingress and egress, in order to make mutual use of the facilities hannonious and agreeable. Center shall not be
responsible for any actions of any other users of the Facility.
14. FOOD AND BEVERAGE. User acknowledges that the Hyatt Regency -Miami (or its successors and assigns) (the "Hotel") has the exclusive food
and beverage rights in the Facility, and User, its agents, employees, exhibitors and sub -contractors will not violate these exclusive rights in any manner. In
furtherance of the foregoing, User agrees that all food and beverages consumed in or sold from the Licensed Premises shall be provided by the Hotel.
15. ADVERTISING. Center reserves and retains the right to use all display advertising capabilities and facilities inside the Facility, including, without
limitation, any electronic message boards, in any manner which, in Center's sole discretion, is desirable and appropriate.
16. ADDENDUM. This Agreement is subject to each and every tern and condition of the Addendum annexed to this Agreement and made a pact
hereof.
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17. MT—E OF ACCEPTANCE. If this Agreement is not executed by both parties hereto on or before the dote set forth In Paragraph 10 of the
Addendum, it shall be void and of no effect, in which event the Deposit, If any, shall be returned.
18, W ERS. Waiver of one or more tenma or conditions of this Agreement shall not be deemed a modification or waiver of any other provisions
of this Agreement. No waiver shall be effective or binding upon Center unless it is in writing, duly executed by Center and User as an amendment to this
Agreement.
19. TAX RETURNS. User shall be solely responsible for filing any and all Federal, State and local tax returns and the payment of all taxes due.
Center reserves the right to prepare and file with any governmental agency any admission tax return required, and to pay said taxes from funds to be deducted
and retained from the sale of admission tickets, but Center shall have no obligation to file any tax return or pay any tax due by User. All amounts payable under
this Paragraph shall not be credited against the Base Fee or any other amounts provided for in this Agreement and shall be paid by User in addition thereto.
20. CENTER'S PRIVILEGE AND RIGHT TO WITHHOLD FUNDS. User hereby confers upon Center a first lien, pledge and privilege on all box
office receipts, collected from any and all box office locations, for any sums due Center under this Agreement and shall have the right to retain so much of
the same as shall be necessary to discharge User's obligations to Center hereunder. Further, User hereby authorizes Center to withhold from any other funds
that may be due User such sums as may be due Center pursuant to this Agreement, including without limitation, any amount for damages for which User may
be liable to Center.
21. ATTORNEY'S FEES. In case any suit or action is instituted by Center to enforce compliance with this Agreement, Center shall be entitled to
recover reasonable attorneys' fees and expenses (including all appeals) from User in addition to the costs provided by statute. User shall pay upon demand all
of Center's legal costs, charges and expenses, costs of staff and leasing agents retained by Center to enforce User's obligations hereunder or incurred by Center
in any litigation, negotiation or transaction costs in which User causes Center to become involved or concerned, whether as a result of any default hereunder
by User or otherwise.
22, DELAY OF POSSESSION. In the event Center is unable to tender possession of the Licensed Premises because of the unauthorized holding
over of any other licensee, tenant or other party or due to delays in constructionor for any other reason, as long as such inability continues, a per diem
abatement of the fixed portion of the Base Fee shall be allowed to User, but nothing will operate to extend the Term beyond the original expiration date and
said abatement of the User Fee shall be the sole and exclusive liability of Center to User, and the sole remedy of User, for any and all losses or damages
Incurred by User due or related to such delay in obtaining possession of the Licensed Premises. The computation of the per diem abatement in the fixed portion
of the Base Fee is deemed to be the liquidated and agreed to damages for any delay in possession.
23. REQUEST FOR SERVICES.
(a) At least 10 days prior to the commencement of the Tenn, User shall furnish in writing any information requested by Center to determine
facilities, arrangements, stage requirements and any special services and equipment necessary to the staging and proper management of each Event. In case
of an exhibit presentation, drawings shall be furnished as to the exact location of all booths and equipment indicating utility connections and requirements and
must have prior written approval of Center prior to assignment and selling of exhibit space. Center may require that said information be set forth in the form
of a written application prior to the execution of this Agreement or at such time before the staging of the event as Center may deem necessary.
(b) Floor Plan: All Users using exhibit space at the Facility must submit three copies of their floor plan no later than 30 days prior to the move
in of the show to Center.
24. REHEARSALS/MOVE IN AND MOVE OUT. The cost of any special labor or services in connection with a rehearsal period shall be borne
by User. Rehearsal periods or move in or move out times required for events on calendar days prior to (or after) the date (or dates) of the Event specified in
this Agreement shall subject User to a charge for an additional rental plus the cost of any special labor or service in connection with such rehearsal period, but
such use will be permitted only if the public is not admitted, there is no profit motive, the Licensed Premises is available and the Licensed Premises is not
scheduled for use by another user of the Center on the date desired. Any move in or move out time must be agreed to by the Center and User and specified
in this Agreement.
25, SPECIAL SERVICES AND EQUIPMENT.
(a) User has the responsibility to arrange through Center and pay for stagehands, projectionists, public address systems and operators, advance
box office, tickets, ticket sellers, ticket takers, ushers, cleanup, conversion costs, scorekeepers, security guards, porters, extra electrical consumption,
timekeepers, decoration, booth equipment, piano tuning, telephone service, signs, portable stages, portable public address system, radio and television
requirements, electrical wiring, extra lights, follow spots, pianos, organs, special and overtime labor requirements and such other services, equipment, and
installations incidental to the Event which are special services and are not part of regular services. Charges for special services and equipment shall be
established from time to time by Center and are on file in the office of the General Manager.
(b) If auxiliary equipment is required for the presentation of the Event, User must provide said equipment at its own expense, but Center will
have the right of reasonable approval of the size and placement of such equipment.
(c) Stage Height: Any stage used in the Licensed Premises shall be erected at such a height as to afford maximum visibility of an act by the
audience as determined by Center.
26. MISCELLANEOUS CHARGES. For various miscellaneous uses not specified, a charge shall be established and on file in the General Manager's
office.
27. REIMBURSABLE CHARGES.
(a) Services: User shall pay Center, as a reimbursable charge, all such other and further sums as may become due to Center on account of
facilities or services furnished by Center, which is in addition to the Base Fee.
(b) Personnel: Center will furnish, whenever possible, for a reimbursable charge, all necessary personnel required for User's use of the
Licensed Premises, including, but not limited to, box office, stagehands, ticket takers, cleaners, restroom attendants, ushers and security guards and, where
required, police and medical personnel. The minimum number of said personnel and the categories thereof to be furnished and utilized shall be determined
by Center.
28. MACHINERY, INFLAMMABLE LIQUIDS AND ELECTRICITY. No personnel shall use and/or erect any engine, motor or other machinery
on the Licensed Premises, or use any gas, electricity, inflammable liquid, chemical or other materials therein, without the written approval of Center. All
electrical connections of any kind must be made by Center's "house electrician". All house equipment must be operated by house personnel approved by Center
and no gas or internal combustion -operated vehicle shall be allowed to remain in the Center when not in use.
29. OBSTRUCTION OF DOORS, PASSAGEWAYS, CORRIDORS OR LOBBIES. No portion of the sidewalks, entries, passageways, doors, aisles,
elevators, vestibules or ways of access to the public utilities of the Facility shall be permuted to be obstructed or used for any purpose other than ingress and
egress, neither shall any windows, ventilators nor lighting fixtures be obstructed.
30. EQUIPMENT USAGE. No person may authorize the use or transportation of any equipment, furnishing or other article which is the property
of Center, for any group, organization or party of any description or type whatsoever, to any place outsidq the immediate confines of the Licensed Premises.
As used in this Paragraph, the wont "equipment" shall encompass all items of inventory which are capable of being moved by one or more persons, including
without limitation chairs, spotlights, tables, sound amplifying equipment and all other similar items.
31. SIGNS, POSTERS AND LITERATURE.
(a) Signs may only be posted by Center personnel (at User's expense) in areas designated by Center for such use, and all signs, advertisements,
show cards and posters must relate to the performance or exhibition to be given on the Licensed Premises. The hanging of pictures, banners or any other items
on walls, and the contents and size of same will require prior written approval of Center. No material shall be attached to any part of the building in a manner
which would damage the building.
(b) User shall not distribute or circulate (or permit to be circulated) any advertising matter or programs at the entrance to the Facility or in
any part of the Licensed Premises other than material which pertains solely to the Event. Such material and the distribution thereof must have prior approval
of Center and at no time shall any such advertising matter or programs be distributed or circulated in or on parking facilities or sidewalks adjacent to the Facility.
(c) User shall not do anything that will tend to injure, mar or in any manner deface the Facility, and will not drive or install, or permit to be
driven or installed, any nails, hooks, tacks or screws into any part of the Facility (including the parking garage), and will not make or allow to be made any
alterations of any kind to said building or any equipment of facilities thereof. User shall not post or exhibit or allow to be posted or exhibited any signs,
advertisements, show bills, lithographs, posters or cards of any description, on any part of the premises of the Facility, except upon the regular billboards
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provided for such purpose by Center; and Use use, posts or exhibit only such signs, advertisements, bills, lithographs, posters or cards upon said
billboards as are related to the performance or . Ation to be given under this Agreement and which meet .. approval of Center.
32. ABANDONED EQUIPMENT. Any equipment or effect of User remaining on the Licensed Premises for more than ten days after the conclusion
of the Event shall be deemed abandoned and disposed of by Center as deemed advisable.
33. MNTRANC AND EXIT. All persons, articles, exhibits, fixtures, displays and other equipment shall be brought into and out of the building
only at designated entrances and exits.
34. L BILUY FOR USER'S PROPERTY.
(a) Neither Center nor LMF (nor the Other Beneficiaries) shall be liable for any loss, damage or injury to properties of any kind that are
shipped or otherwise delivered to or stored in or on the Licensed Premises. Properties shall not be received until User has made proper arrangements for
receiving, handling and storage of such material with Center.
(b) In the receipt, handling, care or custody of property of any kind shipped or otherwise delivered to the Facility, either prior to, during or
subsequent to the use of the Facility by User hereunder, Center and its officers, agents, employees and servants will act for the accommodation of User, when
possible, and neither Center nor LMF or their respective officers, agents, employees and servants shall be liable for loss, transport cost, damage or injury to
such property.
35. INTERMISSIONS. User agrees that for programs lasting one hour or more, an intermission of not less than 15 minutes shall be held, unless
prior written approval to the contrary is obtained from Center.
36. COPYRIGHT INFRINGEMENT.
(a) User must accept all responsibility for and absolve Center, LMF and the Other Beneficiaries from any liability or expense arising out of
the use of any composition, work or material covered by copyright.
(b) No copyrighted musical compositions of the members of the American Society of Composers, Authors and Publishers or any other copyright
owners shall be played or sung in connection with any use of the Licensed Premises, whether amplified, televised or otherwise, nor in the form of a mechanical
recording or personal rendition, unless all required fees shall have first been paid, and User shall, if requested, furnish satisfactory evidence of such payment
to Center prior to the holding of the Event. User covenants and agrees to indemnify Center, LMF and the Other Beneficiaries, and to save them free and
harmless from all liability or costs whatsoever for infringement of, and/or other violation of the rights of said society, or any other copyright owner, under all
state or federal copyright laws.
.37. ALTERATION OF LICENSED PREMISES. User shall take the Licensed Premises and the Facility in "AS IS" condition and in the event that
User finds it necessary to remove or change the location of any stage rigging or other equipment, such changes shall be made with the prior approval of Center
and at User's expense; and should any such changes be made, User agrees to change all such equipment, stages and rigging back to the condition in which the
same was found.
38. OBJECCIONABLE PERFORMANCES OR PERSONS.
(a) Center reserves the right to refuse entrance to, or to eject or cause to be ejected from the Licensed Premises, any objectionable person or
persons and, in its discretion to refund the admission fee; and neither LMF nor the Center nor the Other Beneficiaries shall be liable to User for any damages
that may be sustained by User through the exercise of such right. User shall hold Center, LMF and the Other Beneficiaries harmless from any such action.
(b) Entertainment Morals and Safety: No performance, event or exhibition shall be given or held in the Center which is illegal, indecent,
obscene, lewd, immoral or in any manner publicly offensive, or which is in any manner dangerous to the spectators; and should any such exhibition or
performance, or any part thereof, be deemed by Center to be indecent, obscene, lewd, immoral or in any manner publicly offensive, or to be in any manner
dangerous to the spectators, Center may require that such portions of the exhibition or performance receiving such criticism be immediately deleted, rewritten,
eliminated or revised to the extent necessary to remove their offensive or dangerous character. Any use of the Licensed Premises which is contrary to public
policy or not in the best interest of Center or the City of Miami, as determined by LMF, shall be denied and this Agreement may be terminated by Center for
such cause and any unearned deposits may be refunded in the discretion of Center.
(c) Performances may be taped, videotaped and/or filmed by Center for purposes of reviewing the contents of said performance in the event
any legal or moral questions arise as to the contents of the performance. Said tape, videotape and/or film will be used for no commercial purpose whatsoever
and will be destroyed or erased if no legal or moral questions arise after a reasonable length of time.
39. SOLICITATIONS. No collections or donations, whether for charity or otherwise, shall be made, attempted or announced on the Licensed
Premises or the Facility without prior written approval of Center, which approval may be withheld in its sole discretion.
40. ADDITIONAL OR UNSPECIFIED ITEMS. Any matters not herein expressly provided for in this Agreement shall be decided by Center through
the General Manager or his designee. Such decision shall be made in the sole judgment of the General Manager or his designee and shall be final and binding
upon User.
41. BROADCAST -TELECAST.
(a) Center specifically reserves and retains any and all rights and revenues relating to advertising in the Facility and to motion pictures,
recording, radio and television broadcasts, and other similar rights.
(b) No performance, event or exhibition presented in the Facility shall be broadcast or televised or in any manner recorded for reproduction,
without an agreement in writing to which Center and User are parties, respecting the times and media of such broadcasts, telecasts and other recording and such
additional compensation payable to Center as the parties may agree upon; any such agreement must expressly provide that all expenses pertaining to such
broadcasts, telecasts and other recordings will be prepaid in advance by User.
42. CENTER'S APPROVAL OF DECORATIONS, ETC. Center retains the right to approve decorations, contractors and other service people or
agencies employed by User in or about the Licensed Premises.
43. EVENT ADVERTISING.
(a) All advertising, public relations, publicity, promotions and all activities related thereto, including the context thereof, of User, must first
be approved by Center and be coordinated with the advertising activities of Center. All advertising of events, performances or exhibitions shall specify the prices
of the tickets of admission thereof.
(b) The selling of advertising space in the Facility is the exclusive right of Center; all receipts therefrom shall accrue to the sole benefit of
Center. The sale of advertising space upon tickets of admission for the Event (whether the tickets are "hard" tickets or computerized tickets), or any other tickets
sold for the Event, is the exclusive property of Center and all receipts therefrom shall accrue to the sole benefit of Center.
(c) In all printed, radio and television advertising matter, the Facility shall be designated and referred to as either "THE JAMES L. KNIGHT
CENTER" or the "MIAMI CONVENTION CENTER".
44. FLAMMABLE MATERIALS. No flammable materials such as bunting, tissue paper and crepe paper, will be permitted to be used for decorations
and all material used for decorative purposes must be treated with flame -proofing and approved by the Fire Marshall of the City of Miami. In addition, no
flammable liquids will be permitted, and no liquified petroleum gases (butane, propane, etc.) will be permitted on or in any type of vehicle, boat, trailer or in
any exhibit or show. Furthermore, all drapes, curtains, tenting, decorations, tablecloths, etc., unless made of noncombustible materials, shall be flameproofed,
and a notarized flameproofrng certificate must be provided at the exhibit and available for Fire Marshall inspection attesting to same, and all woodwork paneling
and framing must be treated with an approved fire retardant coating and a notarized certificate must be available for Fire Marshall inspection attesting to same.
No open flame devices will be permitted.
45. PROPERTY DELIVERED FOR ACCOUNT OF USER. Center shall not be responsible for collection charges on any materials, properties, or
printed or advertising matter to be delivered for the account of User unless arrangements are made in advance.
46. UTILITY CONNECTIONS. Unless otherwise authorized by Center, all plumbing, electrical or carpentry work required to be done in or upon
the Facility in connection with User's use thereof, and all electrical current or domestic gas required for User's use (excepting that required for normal heat
and lighting) shall be performed and furnished by Center or its approved representatives, for which User shall pay to Center the rates established by Center
for such services.
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47. USER SHALL COMPLY WITH THE FOLLOWING REGULATIONS OF THE CENTER,
(a) All required aisles shall be a minimum of six feet in width for public seating and ten feet for exhibits.
(b) Whenever the Licensed Premises are occupied by any person, all Exit Doors shall be unlocked so the occupants may open them from inside
and have egress from the Licensed Premises.
(c) All motor vehicles, power boats and any other type of equipment on display fueled by combustible liquids shall have their fuel tanks capped
and sealed with tape and all batteries disconnected. Exhibitors motor vehicles must be removed from the building immediately after unloading. No undue delay
will be permitted,
(d) Cooking for demonstration purposes, if any, shall be by electrical appliances only and in locations approved by the Fire Marshall's
Inspectors. Cooking shall be kept away from other combustible exhibits. No deep fat frying will be permitted.
(e) Additional fire extinguishers must be provided when deemed necessary by the Fire Marshall's inspectors.
(f) Each exhibit and show will be inspected and additional requirements may be imposed, based on the nature of said exhibit or show.
(g) All "Special Effects" used in the Licensed Premises shall be submitted to the Center for prior written approval.
(h) Floor plans, in triplicate, must be submitted for all shows and exhibits (except basketball). These plans must be received by the Fire
Marshall's Office at least two weeks prior to the opening date. Plans shall indicate exit flow of persons from Exhibit Areas,
(I) When any deviation from the approved plans is required for a specific exhibit or show, it shall first be approved in writing by the Fire
Marshall and shall apply only to the exhibit or show for which approval was obtained.
0) No moving picture machines or films in excess of Minim, or any nitrocellulose film, will be permitted in the Licensed Premises unless
they shall have been first approved by LMF and are acceptable to the Fire Marshall.
48. RIGHT TO ALTER RULES AND REGULATIONS. Center may change, alter, amend or cancel any or all of the rules and regulations applicable
to the Licensed Premises at any time and from time to time immediately upon notice.
49, MISCELLANEOUS.
(a) If any Paragraph, subparagraph or provision of this Agreement is held invalid or illegal, such Paragraph, subparagraph or provision shall
be null and void, and the remainder of this Agreement shall not be affected by such invalidity or illegality.
(b) This Agreement may only be altered, changed or amended by an instrument in writing properly executed by both parties.
(c) This Agreement embodies the entire agreement of the parties hereto and no representation, inducements or agreements, oral or otherwise,
between the parties not contained and embodied herein shall be of any force and effect.
Agreement. (d) The headings of the Paragraphs of this Agreement are inserted for convenience only and shall not be deemed to constitute a part of this
(e) Any agreement to pay an amount and any assumption of liability herein contained, expressed or implied, shall be only for the benefit of
the undersigned parties, the Other Beneficiaries, and their respective successors and permitted assigns (as herein expressly permitted), and such agreements and
assumptions shall not inure to the benefit of any other party whomsoever, it being the intention of the undersigned that no one shall be or be deemed to be a
third party beneficiary of this Agreement.
(f) Any notice given under this Agreement shall be in writing and either be delivered by hand or sent by United States certified mail, return
receipt requested, postage prepaid, to Center at the address set forth in the introduction to this Agreement, and to User at the address set forth in Paragraph
I of the Addendum. Any of such addresses may be changed from time to time by such party giving written notice to the other party. Notice given or served
by U.S. mail shall be deemed to be received three days after mailing and notice by personal delivery shall be effective when received.
(g) This Agreement is not valid until (and unless) all counterparts are signed and returned to Center on or before the date set forth in Paragraph
10 of the Addendum, together with the amount of the required Deposit.
50. APPLICABLE LAW. This Agreement shall be construed and enforced under the laws of the State of Florida applicable to contracts made wholly
within the State of Florida.
IN WITNESS WHEREOF, the parties have affixed their signatures as follows:
USER: CITY OF MIAMI
CITY OF MIAMI FIRE DEPARTMENT
By:
(Signature of Authorized Officer)
(Printed Name of Authorized Officer)
By: LEISURE MANAGEMENT FLORIDA, INC., as agent
By:
General Manager
REP 14\7702-442.AGR(10/26192-18:07)
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94- "7
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and
Members of the City Commission
FRO nq : Ce8 dlo
Cit ager
RECOMMENDATION;
t . 1 . ' . ...-
J
DATE . I, JAN 41994 FILE
SUBJECT. Resolution; Request that the
City Commission Absorb the fee
for Fire Safety Festival
REFERENCES:
ENCLOSURES:
It is respectfully recommended that the City Commission absorb
the fee of $8,400.00, to be allocated from Special Programs and
Accounts, for the. utilization of the Miami Convention Center's
Riverfront Hall for the 1994 Fire Safety Children's Festival.
The Department of Fire -Rescue is sponsoring this event.
BACKGROUND:
The Department of Fire -Rescue needs to utilize the Miami
Convention Center's Riverfront Hall during National Fire
Prevention Week for the Fire Safety Children's Festival. Each
year all five (5) local fire departments join together to present
the Festival to Dade County area school children. Approximately
5,000 children attend this Festival to learn important life
safety messages. The City of Miami Department of Fire -Rescue
initiated this Festival in 1989. It has come full circle and
will be sponsored by the City of Miami in 1994. _ Previous
locations were the Miami Fire Training Center, the Miami Beach
Convention Center, the Dade County Youth Fairgrounds, and the
Hialeah Race Track. President Clinton has commended all the
members and staff of the fire departments, safety organizations,
and hospitals for joining forces to bring a comprehensive
information program to the thousands of elementary school
children of Dade County.
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