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HomeMy WebLinkAboutR-94-0801J-94-939 10/31/94 RESOLUTION NO. S A RESOLUTION, WITH ATTACHMENT, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S APPROVAL OF A TWO THOUSAND FIVE HUNDRED DOLLAR ($2,500) FLAT USE FEE FOR THE USE OF THE ORANGE BOWL STADIUM BY THE DADE COUNTY FOOTBALL COACHES ASSOCIATION FOR ITS SECOND ANNUAL STAN MARKS MEMORIAL DADE ALL-STAR FOOTBALL GAME ON DECEMBER 3, 1994; SAID FLAT USE FEE APPROVAL 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 PURPOSE. WHEREAS, the Department of Conferences, Conventions and Public Facilities is responsible for the operation of the Orange Bowl Stadium and attempts to secure the presentation of athletic events for the community; and WHEREAS, the Dade County Football Coaches Association wishes to stage its Second Annual Stan Marks Memorial Dade All -Star Football Game on December 3, 1994; 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 du C r .ems L S CITY COVIDIISSION N:EE7'11_`Z'C OF NMI 1 7 IQ94 Resolution No. 94- 80.E WHEREAS, the Dade County Football Coaches Association agreed to pay for event personnel and other costs, as well as the costs of police personnel and ticket surcharge for the 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 City Manager's approval of a Two Thousand Five Hundred Dollar ($2,500) flat use fee for the use of the Orange Bowl Stadium by the Dade County Football Coaches Association for its Second Annual Stan Marks Memorial Dade All -Star Football Game to be held on December 3, 1994, is hereby ratified, approved and confirmed, said flat use fee approval conditioned upon the Dade County Football Coaches Association paying all Stadium costs and expenses 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. 04- 801 -2- PASSED AND ADOPTED this 17th day of November 1994. STEPHEN P. CLA K, MAYOR ATTEST: MATTY HIRAI CITY CLERK PREPARED A APPROVED BY: OLGA MIREZ-SEIJA ASSIS ANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: ".�Zz;lxow4; A. QUTffk 46106, III CITY ATTOrY ORS:osk:M4736 -3- 94- 801 USE AGR#MENT BETWEEN THE CITY OF MIAMI, FLORIDA AND DADE COUNTY FOOTBALL COACHES ASSOCIATION THIS AGREEMENT made and entered into this day of 1994, by and between the CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter referred to as the "CITY" and DADE COUNTY FOOTBALL COACHES ASSOCIATION, with its principal office located at P.0 Box 559011, Miami, Florida 33255- 9011, telephone number (305) 667-1720, hereinafter referred to as the "USER". R E C I T A L: In consideration of the covenants and agreements hereinafter set forth, the CITY does hereby grant unto the USER the privilege of entry upon or into the municipal facility of the CITY known as the Orange Bowl Stadium, hereinafter referred to as the "FACILITY", the said FACILITY to be entered upon or into for the purpose of presenting 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/EVENT Dates: Said use is permitted for Saturday, December 3, 1994, subject to the approval of the Director of Conferences, Conventions and Public Facilities (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 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." 9' - 801 3. Use Fee: USER hereby agrees to pay the CITY a flat use fee of two thousand five hundre dollars ($2,500) for said use tee of the FACILITY, plus, 6.5% State of Florida tax, hereinafter referred to as "USE FEE." This USE FEE must be received by the Orange Bowl Stadium Manager's Office upon execution of this agreement by the second party and submittal to the CITY. All other expenses and the 6.5% State of Florida tax on the total USE FEE will be _paid at the close of the event. 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 i em 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, such reasonable sum or sums as may be due to said CITY for additional services, accommodations or material furnished to said USER 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. Forfeit for Cancellation: Ll advanced sums, or advanced payments for services shall, be forfeited if, through the fault or action of the USER, the EVENT is not held on the date and time contracted. S. Audit Rights: a. 'C-ITY reserves the right to audit the records of USER with respect 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 the 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 expenditures of the funds for said EVENT. Said audit J4-- 801 shall be submitted to the department no later than sixty (60) days after r ceipt of CITY'S request. 94- 801 C. At CITY'S request, USER shall furnish a copy of its most recent Federal Income Tax return. 9. Gate Opening and Time 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. The CITY reserves the right to open gates or adjust gate opening I time as it deems appropriate. I 10. 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. 11. Condition of FACILITY: CITY represents and warrants that the FACILITY and its fixture and furnishings will be clean, in good order and repair, and reasonable 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. Utilities, Items Furnished by USER: USER 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. 14. Facility Rules: USER ackntse wledges that it has read the "Rules and Regulations for 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. 15. Authority: USER agrees that any matters not herein expressly provided for in this Agreement shall be provided by mutual agreement between CITY and USER. 16. Might of Entry: The CITY reserves the right to enter upon the FACILITY premises at any time during the USE PERIOD as it deems necessary. i 94- 801 17. City Staffing: If requir d 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. 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 tra�e or employee union agreement, written or oral, affectin all relevant personnel or services used in connection With the EVENT and shall assist USER in complying with such agreements. 19. Fire Safety: USER shall provide a diagram of the proposed EVENT layout to the office of the Fire Prevention Bureau, 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 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. 20. Police Security: a. The DIRECTOR, or designee, after full discussion with the USER as to the type of event and related activities, will cont ct the CITY's Police Department to ascertain the 1 ve1 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 designated Police and security services upon the conclusion of the EVENT. b. If during the course of the EVENT, the EVENT Police commander reasonably 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 I officers are off -duty, payment shall be made at the I 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. 21. Clean-up and Dismantle: a. USER agrees to pay directly for the cleaning contractor to clean up the FACILITY after the EVENT has ended. If the FACILITY is not properly cleaned, the CITY has the right to order additional cleaning of the FACILITY and to invoice the USER for such additional cleaning. b. USER agrees to tear down and remove all USER effects immediately after the EVENT .1as ended, and shall be completed not later than twe ty-four hours after the conclusion of the EVENT, unl ss otherwise approved by the DIRECTOR or designee. 22. 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 EVENT 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 the USE PERIOD at the expense of the USER, or the CITY may charge storage for each day that said effects remain in or on the grounds of the FACILITY after the end of the USE PERIOD. 23. Concession Rights: it is u'UER erstood that concession rights for all events at the FACILIbelong to the CITY. For the purposes of this Agreement, shall be granted the right to sell programs, authorized novelties and/or -other merchandise depicting the EVENT and/or performers) or player(s), limited to T-shirts, buttons, hats, other apparel, records, tapes, photographs, posters, and other common souvenir items. Such; items offered for sale to the public are subject to the advance approval of the DIRECTOR or designee, which approval shall not be unreasonably withheld. Notwithstanding the foregoing, the sale of food or beverages by the USER is strictly prohibited. 94- 801 24. Parkinq: a. The CITY shall furnish fits normal and customary event parking facilities for public parking. The CITY will provide adequate personnel to man such parking facilities, at its own cost and expense. b. The CITY agrees that charges to the public for parking on CITY property shall not exceed the usual and customary charges for such parking, 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. d. The CITY shall furnish USER with up to 200 parking passes for the EVENT to be distributed by USER to all press, VIPs, sponsors, officials and USER's staff. 25. 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 USER or its employees except when such charge or claim was caused by the willful negligence or misconduct of the CITY or the CITY's agents, officers 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. 26. Risk of Loss: The CITY shad not be liable for any loss, or damage to any personal property or equipment of the USER, or anyone whomsoever, duringany times the FACILITY is under the control of and occupied by the USER. All personal property place 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. 94- 801 27. Insurance: Liability insura ce is required of USER and is to be cleared through the office of the CITY'S Risk Management Division, Insurance Coordinator, Dupont Plaza, 300 Biscayne Way, Suite 328, Miami, Florida, telephone 579- 6058. The insurance policy. must be endorsed to name the CITY as an additional insured. No qualification of the additional insured provision is permitted. The company affording coverage 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 lates 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. 28. 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 h'rein, then CITY, at its sole option, upon written noti 9 to USER, may cancel and terminate this Agreement, -a d all payments, advances, or other compensation paid by USER while in default of the provisions herein contained, shall be forthwith retained by CITY. 29. 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. 30. Binding Agreement: All terms and conditions of this written Agreement shall be �inding 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. 31. Nondiscrimination: USER agrees that it shall not discriminate as to race, sex, color, religion, handicap, age, marital status or national origin in connection with its performance under this agreement. 32. Intent of Agreement: The parties intend that this document shall be a License Agreement and that no leasehold interest is conferred upon the USER. 94- 801 1 33. Court Costs and At or e s' 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. 34. Nonassianment: This Agreement may not be transferred or assigned by USER without the express written consent of the CITY. 35. 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 expresly set forth in this Agreement are of no force or effect. 36. 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. ATTEST: Matty Hirai, City Clerk THE CITY OF MIAMI, a municipal corporation of the State of Florida: Cesar H. Odio, City Manager 94- 801 ATTEST: Corporate Secretary APPROVED AS TO INSURANCE: Frank K. Rollason, Deputy Chief Risk Management Division USER: DADE COUNTY FOOTBALL COACHES ASSOCIATION (signature) (print name and title) (SEAL) APPROVED AS TO FORM AND CORRECTNESS: I A. Quinn Jones, III City Attorney $& APPROVED AS TO DEPARTMENTAL REQUIREMENTS: Tony Pajares, Director Department of Conferences, Conventions and Public Facilities 94- 801 CITY OF MIAMI, FLORIDA CAM INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members of the City Commission 15 oATE : NOV 3-- 1994 FILE : SUBJECT : Resolution to set use fee and regulations for the Dade County Football Coaches Association. FROM : Cesa to REFERENCES: City age ENCLOSURES: It is respectfully recommended that the City Commission adopt the attached proposed resolution establishing special charges, terms and conditions for the use of ja portion of the Orange Bowl Stadium by the Dade County Football Coaches Association, for the presentation of their second annual Stan Marks Memorial Dade All Star Football Game, on December 3, 1994. The legislation would also authorize the City Manager to execute an agreement with this organization for this purpose. Due to the limited funding of the Dade County Football Coaches Association, the Department of Conferences, Conventions and Public Facilities recommends a flat use fee of $2,500, half of the cost as stated in the City Code. The organization will also collect and pay to the City all applicable surcharges, and will cover all City event including stadium personnel, police and cleanup. 94- 801 - 4/Q/ r II