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HomeMy WebLinkAboutR-94-0015J-94-13 12/28/93 RESOLUTION NO. 9 15 A RESOLUTION, WITH ATTACHMENT, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S WAIVER OF RENTAL FEES FOR THE USE OF THE ORANGE BOWL STADIUM BY THE DADE COUNTY FOOTBALL COACHES ASSOCIATION FOR THE FIRST ANNUAL STAN MARKS MEMORIAL DADE ALL-STAR FOOTBALL GAME ON DECEMBER 4, 1993, SAID WAIVER CONDITIONED UPON THE USER PAYING ALL STADIUM COSTS AND EXPENSES AND TICKET SURCHARGE FOR SAID EVENT; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH DADE COUNTY FOOTBALL COACHES ASSOCIATION FOR SAID USE. WHEREAS, the Department of Conferences, Conventions, and Public Facilities is responsible for the operation of the Orange Bowl Stadium and attempts to secure the presentation of athletic events for the community; and WHEREAS, the Dade Countv Football Coaohes Assnn9_a.tinn requested permission to stage their First Annual Stan Marks Memorial Dade All -Star Football Game; 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 special charges or special terms and conditions for the use of said Stadium; and I jguiTA11E CITY COMMISSION MEETING OF JAN 1 3 1994 Aoeautloa Na 94- 15 WHEREAS, the Dade County Football Coaches Association agreed to pay for event personnel and other costs, as well as payment for the costs of police personnel and ticket surcharge for said event; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The waiver of rental fees by the City Manager for the use of the Orange Bowl Stadium by the Dade County Football Coaches Association for their First Annual Stan Marks Memorial Dade All -Star Football Game held on December 4, 1993, is hereby ratified, approved and confirmed, said waiver conditioned upon the Dade County Football Coaches Association paying all expenses, costs and ticket surcharge for said event. Section 3. The City Manager is hereby authorized to execute an agreement, in substantially the attached form, with the Dade County Football Coaches Association for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption. -2- 91- 15 PASSED AND ADOPTED thiS 13th da of January 1994. �v I STEPHEN P. CLA K, MAYOR PREPARED AND APPROVED BY: CARMEN L. LEON ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A A2 A• N J NES, III CITY AT NEY CLL:csk:M4071 -3- 94- 15 11 ORANGE BOWL STADTUM USE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA AND DADE COUNTY FOOTBALL COACHES ASSOCIATION THIS AGREEMENT made and entered into this ���� day of N0 UeGYt�1993, by and between the CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter referred to as the "CITY" and DADE COUNTY FOOTBALL COACHES ASSOCIATION, with its i office located at P.O. Box 559011, Miami, Florida 33255-9011 telephone number (305) 667-1720, hereinafter referred to as "USER". R E C I T A L: In consideration of the covenants and agreements hereinafter set forth, the CITY does hereby grant unto the USER the privilege of entry upon or into the municipal facility of the CITY known as the Orange Bowl Stadium, hereinafter referred to as the "FACILITY", the said FACILITY to be entered upon or into for the purpose of presenting up a Stan Marks Memorial Dade Football All - Star football game, hereinafter referred to as the "EVENT," and for no other purpose whatsoever. / 1. Agreement Term/EVENTDates: Said use is permitted for Saturday, December 4, 1993, subject to the approval of the Director of Conferences, Conventions and Public Facilities i (hereinafter referred to as the "DIRECTOR") or designee. 2. Use Period: The hours of use for the EVENT shall include set up and dismantle times. Set up shall commence no earlier than 8:00 am on the day of the EVENT and cleanup shall begin immediately upon the conclusion of the EVENT and conclude within a twenty-four hour period, unless otherwise mandated by the DIRECTOR or designee. The above hours of use, including set up and dismantle times, shall hereinafter be referred to as the "USE PERIOD". 3. Use Fee: Pursuant to the City Manager on _ EVENT shall be waived. Said use may be subject by the CITY. Resolution No. , ratified by the use fee for the to any additional conditions imposed 4. Surcharge: Based upon an actual admission price, excluding taxes, USER shall levy and collect on behalf of the CITY, a ticket surcharge on each paid admission. The amount of the surcharge shall be based on the admission price as follows: Price of Admission Surcharge $1.00 to $5.00 $0.50 $5.01 to $15.00 $0.75 $15.01 and Over $1.00 USER shall record collection of the surcharge and shall list such revenue as a separate item in the statement of accounts for the event. Ticket surcharge revenue shall be paid upon demand, and/or as soon as possible after the conclusion of the EVENT, in accordance with City Code provisions and the terms of this Agreement. 5. .Payment for Additional Services: , USER shall pay to the CITY, on demand, the cost of police services for the EVENT. 6. Damage Repair: USER shall pay to the CITY the cost of any repair, rehabilitation, damage correction, replacement or restoration of the FACILITY, or to defray any other unusual but reasonable expense borne by the CITY as a consequence of presentation of the EVENT. 7. Audit Rights: a. CITY reserves the right to audit the records of USER relating to the EVENT at any time during the performance of this Agreement and for a period of three years after the final payment is made under this Agreement. b. 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. 2 - 9 4 -- 15 A .k 8. Forfeit for Cancellation: A11 advanced sums, or advanced payments for services shall be forfeited if, through the fault or action of the USER, the EVENT is not held within the date and time contracted. 9. Gate Openincr and Times of Performance: Gates are to be opened at least two hours prior to the start of the EVENT. All advertising shall indicate the gate opening time for the performance. The CITY reserves the right to open gates or adjust gate opening time as it deems appropriate based on crowd control and other conditions. 10. Prohibited Items: USER agrees to include in its advertising that cans and bottles and alcoholic beverages cannot be brought into the FACILITY. The CITY and USER will use best efforts to ensure that no alcoholic beverages, 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 and warrants that the FACILITY and its fixtures and furnishings will be clean, in good order and repair, and reasonably fit for the purpose for which they are to be used, in safe condition for the use intended-, and will be free of defects which would prevent or impede the proper conduct of the EVENT. USER agrees to accept said FACILITY in an "as is" condition at the start of the USE PERIOD. 12. 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 FACILITY. 13. 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. 14. 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. 15. Right of Entry: The CITY reserves the right to enter upon the FACILITY premises at any time during the USE PERIOD as 3 °4- 15 r� ' it deems necessary. 16. Union Requirements: USER shall ensure compliance with all necessary union requirements (if applicable) in connection with the personnel and services engaged for presentation of the EVENT. The CITY shall use its best effort to inform USER of the terms of any trade or employee union agreement, written or oral, affecting all relevant personnel or services used in connection with the EVENT and shall assist USER in complying with such agreements. 17. City Staffing: If required in the estimation of the DIRECTOR, or designee, CITY will provide CITY personnel, including without limitation, Event Supervisor, office attendants, electricians, custodians, groundsmen, elevator operators and security staff, necessary for the proper conduct of the EVENT. USER agrees to pay said personnel directly to those individuals with a four (4) hour minimum at rates established by the DIRECTOR. When such personnel are required, notification of same, including the estimated hours of work and rates of pay, shall be furnished to and agreed by the USER by the DIRECTOR or designee at least 72 hours prior to the USE PERIOD. 18. Fire Safety and Personnel: USER shall provide a diagram of the proposed EVENT layout to the office of Fire Prevention, 275 N.W. 2nd Street, Miami, F1, and obtain fire permits required by the Code of the CITY of Miami, relative to fire safety. Fire Department manpower requirements for the EVENT shall be as stipulated by the Fire Marshal and approved by the DIRECTOR or designee. The USER shall be responsible for the payment of Fire Department services, if any. 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 EVENT. USER shall be responsible for the direct payment of approved designated Police and security services upon the conclusion of the EVENT. b. If, during the course of the EVENT, the EVENT Police commander determines that security for the EVENT is insufficient for proper crowd control, he may summon additional officers 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 9 4 - 15 - 4 - 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. 20. Removal of USER Effects: USER agrees to tear down and remove all USER effects immediately after each EVENT has ended. The CITY reserves the right to remove from the FACILITY all USER effects remaining in or on the grounds of the FACILITY after the end of the USE PERIOD at the expense of the USER, or the CITY may charge storage for each day or part of a day that said effects remain in or on the grounds of the FACILITY after the end of the USE PERIOD, unless otherwise permitted by the DIRECTOR or designee. 21. Parking: a. The CITY shall furnish its normal and customary event parking facilities for public parking. If warranted, the CITY will provide adequate personnel to man such parking facilities, at its own cost and expense. b. The CITY agrees that charges to the public for parking on CITY property shall not exceed the usual and customary charges for such parking, and provided that such charge is sufficient to ensure that total parking revenues are not less than the cost of operating the parking facility for the EVENT. The CITY shall be entitled to 100% of all gross receipts from parking charges. c. If parking revenue is less than CITY's cost, then the USER shall reimburse the CITY for the difference, in accordance with applicable CITY Code provisions. 22. Concession Rights: It is understood that concession rights for all events at the FACILITY belong to the CITY. For the purposes of this Agreement, USER shall be granted the right to sell programs, authorized novelties and/or other merchandise depicting the EVENT and/or performer(s) or player(s), limited to T-shirts, buttons, hats, other apparel, pennants, records, tapes, photographs, posters, and other novelty items. Such items offered for sale to the public are subject to the advance approval of the DIRECTOR or designee. The sale of food or beverages by the USER is strictly prohibited. 23. 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, -5- 94- 15 from any act, omission or _neglect, by itself or its employees unless caused by the negligent act or omission of CITY or its employees; the USER shall become defendant in every suit brought for any of such causes of action against the CITY or the CITY's 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. 24. Risk of Loss: The CITY shall not be liable for any loss, injury or damage to any personal property or equipment belonging to the USER, or to anyone whomsoever, during any times the FACILITY is under the control of and occupied by the USER. All personal property placed or moved in the FACILITY shall be at the risk of USER or the owner thereof. Furthermore, it is the responsibility of the USER to provide security whenever personal property either owned or used by the USER or its licensees is placed in the FACILITY during the USE PERIOD, including setup and dismantle times and, in particular, during those hours of the USE PERIOD when the FACILITY is not open to the general public. 25. Insurance: CITY and USER agree to self insure their respective interests in personal property to the extent each deems necessary or appropriate and hereby mutually waive all rights to recovery for loss or damage by any means and waive all rights to recovery for loss or damage to such property by any cause whatsoever. CITY and USER hereby waive all rights of subrogation against each other under any policy or policies they may carry or on property placed or moved on the premises. 26. Default Provision: In the event that USER shall fail to comply with each and every material term and condition of this Agreement or fails to perform any of the material terms and conditions contained herein, then CITY, at its sole option, upon written notice 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. 27. 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. - 6 - 04- 15 28. 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. 29. Nondiscrimination: USER shall not discriminate as to race, sex, color, creed, handicap or national origin in connection with its performance and/or any operation under this Agreement. 30. Intent of Agreement:. The parties intend that this document shall be a License Agreement and that no leasehold interest is conferred upon the USER. 31. Court Costs and Attorneys' Fees: If it becomes necessary for the CITY to institute proceedings to collect any monies due it by USER, USER agrees to pay any and all court costs, reasonable attorney's fees and other expenses incurred in the collection thereof. 32. Nonassignment: This Agreement may not be transferred or assigned by USER without the express written consent of the CITY. 33. 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 of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 34. 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 and through their proper corporate officials executed this Agreement the day and year first above written. - 7 - ,4 - 94- 15 ATTEST: Matty Hirai, City Clerk APPROVED AS TO INSURANCE: Sujan Chaabra, Director Risk Management Division ,CITY: THE CITY OF MIAMI, a municipal corporation of the State of Florida Cesar H. Odio, City Manager USER: DADE COUNTY FOOTBALL COACHES ASSOCIATION signature CMA91-6S r/e-Z-6 print name I�reS i'dcz�.7' %J�cCk. Cnu.n'�c �`c+-c �u � `od.c•%j APPROVED AS TO FORM AND CORRECTNESS: A. Quinn Jones, III City Attorney &_ ec_.. APPROVED AS TO DEPARTMENTAL REQUIREMENTS: Tony Pajares, Director Department of Conferences, Conventions, and Public Facilities 94- -s- 15 CITY OF MIAMI, FLORIDA CAM12"I. INTER -OFFICE MEMORANDUN t TO: Honorable Mayor and Members of the City Commission FROM Cesa io City ger 0 PPION I 4 121 , I 1 4 9 DATE 'aft4`` a1AN 41994 FILE . SUBJECT : Resolution establishing fees for the Dade County Football Coaches Association REFERENCES: ENCLOSURES: It is respectfully recommended that the City Commission adopt the attached proposed resolution ratifying and approving the waiver of the rental fees to ensure that the Dade County Football Coaches Association is able to play its first annual Stan Marks Memorial Dade Football All -Star game on December 4, 1993 at the Orange Bowl Stadium. The legislation also directs the Dade County Football Coaches Association to pay all stadium costs and expenses, and also pay the ticket surcharge, for the use of the stadium. The legislation would also authorize the City Manager to execute an agreement with this organization for this purpose. BACKGROUND: The Department of Conferences, Conventions and Public Facilities has prepared the attached legislation. Due to the limited funding available, the Dade County Football Coaches Association has requested a waiver in rental fees. They have offered to pay city police expenses and the ticket surcharge. They have also offered to pay all general costs and expenses. 94— 15 STAN MARKS ALL-STAR GAME REVENUE/EXPENSES PROJECTIONS ORANGE BOWL STADIUM DECEMBER 4, 1993 Attendance: 10,000 (average) Use Fee: Waived Surcharge; $0.50 Concessions: $0.50 per cap REVENUES Use Fee Surcharge Concessions TOTAL EXPENSES Paid by Promoter NET REVENUE - 0 - 5,000 2,105 $ 7,105 - 0 - $ 7,105 04- 15