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HomeMy WebLinkAboutR-93-0009J--92--882 12/30/92 Ark A RESOWIrION, WITH A'I awwr, RATIFYING, APPF4Mw AND Ctt'IRMING TIE CITY MANAaM' S WAIVER OF FOML FEES FOR THE USE OF THE ORAUZ BOM STADIUM BY MIAMI JAC KSCN SMIOR HIGH S(MOL FOR A FOOTBALL GAME PI.,AYED AGAIMT MUM NORTHWESTERN SENIOR HIGH SCHOOL ON NOVEMBE,R 21ST, 1992, SAID WPM CONDITIONED UPON KWn JACK. M SENIOR HIGH SCHOOL PAYING THE AMXW OF $4,200 TD COVER PARTIAL COSTS AND EXPENSES FOR; SAID EVERT; ALLocuj% AN AMXW NOT TO EXCEED $3, 000 FROM THE SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, TO COVER TEIE BALANCE OF COSTS, TICKET SURCRAR 3E AND GMW.L EXPENSES FOR SAID FOOTBALL GAME; AtfMORIZING THE CITY MANAGER TO EXEGtTI'E AN AGREEMENT, IN SUBSTANTIALLY THE ATDNGM FORM, WME MIAMI JACKSON SENIOR HIGH SCHOOL 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, Miami Jackson Senior High School requested permission to play a football game against Miami Northwestern Senior High School; and WHEREAS, Section 53-131(C)(7) of the Code of the City of Miami., Florida, as amended, provides that the City cc mission has the right to establish and fix special charges or special term and conditions for the use of said Stadium; and WHEREAS, Miami Jackson Senior high School agreed to pay the want of $4,200 as partial payment for event personnel and other costs, as well as payment for the costs of police personnel for said game; and aTracHMEwt (s)�� CONTAINED CITY cobnesslox MEETING of JAN 1 k 1993 Resolution No. 93- 9 %IMWAS, funds in an want not to exceed $3,000 have been made available from the Special Programs and Accounts, Contingent Raid, to cover the balance of the costs (ticket surcharge, event personnel, cleanup, and field lighting); _ NOW, UOMWE, BE IT RESCUED BY THE CCMSSICN OF TM CITY OF MMMI, FIDRIDAa 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 is hereby ratifiel, approved and confirmed for the use of the Grange Bowl Stadium by Miami Jackson Senior high School for a football game played. against Miami Northwestern Senior High School held on November 21st, 1992, said waiver ` conditioned upon Miami Jackson Senior High School paying the amount of $4,200 to cover partial costs and expenses for said event, and allocating funds therefor, in an amount not to exceed $3, 000, fran the Special Programs and Accounts, Contingent Fund, to cover the balance of said costs, ticket surcharge and general expenses for said football game. Section 3. The City Manager is hereby authorizedY to execute an agreement, in substantially the attached form, with Miami. Jackson Senior High School for said use. 1� The herein authorization is further subject to ccopliance with all requ.xamits that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Coda provisions. 2- 93- Section 4. Ttlis Resolution shall become Effective im a iately upon its adoption. PASSED AM ADOPTED this 14 th ATtwr MATrY HIRAI , CITY CEM i3UDrzPARY REVIEW: P4MUMR S . 90RANA ASSISTANT CITY MANAMR. PREPARED AND APPROVED AY: Fwww WAV-1AM, CITY iMA:csk:bs7k325 -3- 93— A f%f Ci ORANGE BOWL STADI[!M USE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA AND MIAMT JACKSON SENIOR HIGH SCHOOL, A DA,DE COUNTY HIGH SCHOOL, FLORIDA THIS AGREEMENT made and entered into this day of 1992, by and between the CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter referred to as the "CITY" and MIAMI JACKSON SENIOR HIGH SCHOOL, A DADE COUNTY HIGH SCHOOL, with its office located at 1751 N.W. 36th Street, Miami, Florida 33142 telephone number (305) 634-2621, hereinafter referred to as "USER". R E C I T A Ls 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 high school football game between Miami Jackson Senior High School and Miami Northwestern Senior High School, hereinafter referred to as the "EVENT", and for no other purpose whatsoever. 1. 8g,r2=nt Tenn J=N!T Dates: Said use is permitted for November 21, 1992, 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 each EVENT shall include set up and dismantle times. Set up shall commence no earlier than 800 am on the day of the EVENT and cleanup shall begin immediately upon they conclusion of the EVENT and conclude within a twenty-four hour period, unless 93- 9 7G 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 PERIODS)". 3. Use Feet Pursuant to Resolution No. , ratified by —_ the City Manager the use fee for the EVENT shall be waived. Said use may be subject to any additional conditions imposed by the CITY. 4. SSurch rQes, Pursuant to Section 53-1 of the Code of the City of Miami, a ticket surcharge shall be imposed on each paid - admission in accordance with the following schedules Price gf lsion Surcharge $1.00 to $5.00 $0.50 $5.01 to $15.00 $0.75 $15.01 and Over $1.00 The Department of Conferences, Conventions, and Public _= Facilities shall receive the amount of said surcharge from the City of Miami General Fund or any other specified outside source as subsidy for the FACILITY. 5. Payment for Additional Services s USER shall pay to the _ CITY, on demand, $4,200 per game to cover partial costs and expenses due to said CITY, inclusive of Paragraph 12 of this Agreement.. -- 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 at any time during the term of this Agreement and for a period of three years after the final payment is made under this Agreement. b. If so requested by CITY, USER shall submit to the Department of Conferences, Conventions and Public Facilities an independent audit by a certified public accountant. Said audit must include the expression of an opinion as to the actual and budgeted receipts and expenditures of the funds for said EVENT. Said audit shall be submitted to the department no later than sixty (60) days after receipt of CITY's request. c. At CITY's request, USER $hall furnish a- copy of its WM 93- 9 f` most recent Federal Income Tax return. B. Fgrfeit fQrCApGgJlation:. All 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. Sate gagging 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. pro Jbited Itemst 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. gndition of FACILITY: CITY represents and warrants that the FACILITY and its fixtutes 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. Items Furnished by CITY: CITY agrees to furnish, at its expense, except as may be otherwise provided herein, stadium personnel, cleanup and disposal services, field lighting and light for ordinary use, water for all reasonable purposes, restroota supplies, and nothing else. The Department of Conferences, Conventions, and Public Facilities shall' be reimbursed for the amount of said expenses from the City of Miami General Fund or any other specified outside source. 13. Restriction for Playing F e d: 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. 14. Facility Ruless 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 _ 3 _ 93- 9 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 at the discretion of the CITY Manager or his designated representative. 16. Right of Entry: The CITY reserves the right to enter upon the FACILITY premises at any time during the USE PERIOD as it deems necessary. 17. Union RequirgMgntss 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. 18. Eire 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 personnel at the normal event rate of pay. 19. Police Recnrity: a. The DIRECTOR, or designee, after full discussion with the USER as to the type of event and related activities, will contact the CITY's Police Department to ascertain the level of'Police and/or other security staffing necessary for adequate crowd control, traffic circulation -and safety *and/or other required security prior to, during and after the EVENTS. USER shall pay all police expenses directly to police immediately after 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 assuage the responsibility of paying for the services of; these additional officers. If such additional officers area already on duty, payment shall be made at their normal hourly rate of pay. If such additional officers are off -duty, payment shall be made at the overtime rate of one and one-half times the normal hourly rate, -4- s3- 9 d Total compensation to such off --duty officers shall be the greater of the followings four hours' minimum compensation, or, compensation for the actual time devoted to the EVENT problem, including time spent booking prisoners and the like. 20. Flemoval of JfSER 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, unledfi otherwise permitted by the DIRECTOR or designee. 21. Par_ king:_ a. The CITY shall furnish its normal and customary event parking facilities for public. parking. If warranted, the CITY will provide adequate personnel to mar: 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, from any act, omission or neglect, by itself or its employees; the USER shall become defendant in every suit brought for any of such causes of action against the -s- 93— 9 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 lass, injury or damage to any personal property or equipment belonging to the USER, or to anyone whomsoever, during any times the FACILTIY 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 term and condition of this Agreement or fails to perform any of the terms and conditions contained herein, then CITY, at its sole option, upon written notice to USER, may cancel and terminate this Agreement, and all payments, advances, or other compensation paid by USER while in default of the provisions herein contained, shall be forthwith -retained by CITY. i 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 s obligation of such party, enforceable against such party in accordance with the terms hereof. 29. Binding'Agreement: All terms and conditions of this written Agreement shall be binding upon the parties, heirs and assigns, and cannot be varied or waived by any oral representation or promise of any agent of the parties hereto or other person unless the same be in writing and mutually g Jy - 6 - 93- signed by the duly authorized agent or agents executing this Agreement. 29. HgMdLjgXJMination: USER shall not discriminate as to race, sex, color, creed, handicap or national or!,. in in connection with its performance and/or any operation under this Agreement. 30. jlitgnt of Agreement: The parties intend that this document shall be a License Agreement and that no leasehold interest is conferred upon the USER. 31. C_gurt Costs and Attorneys,��,�. 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. Honassignment: This Agreement may not be transferred or assigned by USER without the express written consent of the CITY. 33. EnUre &greementj 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. CITY=.THE CITY OF MIAMI, a municipal corporation of the State of Florida .ATTEST: Matty Hirai, City Clerk Cesar H. Odio, City Manager - 7 - 93- 9 LA 0 Attests USER: MIAMI JACKSON SENIOR HIGH SCHOOL, A DADE COUNTY HIGH SCHOOL, FLORIDA, a political subdivision of the State of Florida tic cctt.I? U A---- G c 4 t s Wit s signature . �- Witness print name title APPROVED AS TO INSURANCES APPROVED AS TO FORM AND CORRECTNESS; Sujan C aabra, Director A. Quinn Jones, TTI ILc,C� Risk Management Division City Attorney APPROVED AS TO DEPARTMENTAL REQUIR k),C• -_ Tony Pajaidt, Director Department of Conferences, Conventions, and Public Facilities 93- 9 CITY OF MIAMI, FLORIDA CA-11 ' INTER -OFFICE MEMORANDUM �- TO : DATE 1�M FILE Honorable Mayor and Members jAm t��•.�� of the City Commission SUBJECT : - Resolution establishing — fees for Miami Jackson__ Senior High School FROM : REFERENCES Cesar H. Odi City Manager ENCLOSURES:_ k�- It is respectfully recommended that the City Commission adopt the - attached resolution ratifying and approving the waiver of the rental fees to ensure that Miami Jackson Senior High School is able to play its scheduled football game on November 211, 1992 against Miami Northwestern Senior High School at the Orange Bowl Stadium. The legislation also directs Miami Jackson Senior High School to pay $4,200 for the game to cover partial costs and expenses for the use of the stadium. The legislation would also authorize the City Manager to execute an agreement with this high school for this purpose. o The- Department of Conferences, Conventions and Public Facilities has prepared the attached legislation. Due to the limited funding available for its athletic program, the school has requested a waiver in rental fees. They have offered to pay city police expenses. They have also offered to pay $4,200 to cover ticket surcharge and general expenses.