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HomeMy WebLinkAboutR-93-0010J-92-881 12/30/92 RESOLUTION NO. 9 3 - 10 A RESOLUTION, WITH ATTACHM M, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S WAIVER OF RENTAL FEES FM THE USE OF ME ORANGE BOWL S3ADnJM BY MIAMI SENIOR HIGH SCHOOL FOR TWO FOOTBALL GAMES HELD ON NOVEaBER GTH AND 20TH, 1992, SAID 6 AI= CONDITIONED UPON MIAMI SENIOR HIGH SCHOOL PAYING THE ANf7M OF $2, 000 PER GAME TO COVER PARTIAL COSIS AND FEES FOR SAID EVENTS; ALLOCATING AN AMOUNT NOT TO EXCEED $7,000 FROM THE SPECIAL PROGRAM AND ACCOUNTS, CONTINGENT FUND, To COVER THE BM ANCE OF COSTS, TICKET SURCHARGE AND GENERAL EXPENSES FOR SAID FOO►I'BALL GMES; AtITIMZING THE CITY MANAGER TO EXDCUPE KN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, wnm MUM SENIOR HIGH SC HOM FOR SAID USE. MUM -AS, the Department of Conferences, Conventions, and Public Facilities is responsible for the operation of the Orange Bowl Stadiuii and attempts to secure the presentation of athletic events for the carmunity; and WHEREAS, Miami Senior High School has played its hone football games in the Orange Bowl Stadium for over fifty years and wishes to continue this tradition; and WHEiTAS, Section 53-131(C)(7) of the Code of the City of Miami, Florida, as amended, provides that the City Carmission has the right to establish and fix special charges or special terms and conditions for the use of said Stadium; and MUMAS, Miami Senior High School agreed to pay the amount of $2,000 per game as partial payment for event personnel and other costs, as well as payme.-it, for the costs of police personnel for said games; and CITY GOWMSS1011 MEETING OF. ATTACHMENT (S) JANI J 4 1993 .0 O N T A I N E D Resolution No. 93- 10 A WHEREAS, funds in an am unt not to exceed $7,000 have been made available from the Special. Programs and Accounts, Contingent Fund, to cover the balance of the costs (ticket surcharge, event personnel, clearnip, and field lighting; NOW, THEREFORE, BE IT RESOLVED BY TTIE COHMSSION CW THE CITY OF MVMt FLCRIDA.,, Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by refer 'ace 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 ratified, approved and confinTed for the use of the Orange Bowl Stadium by Miami. Senior High School for two football games held on Novwber 6th and 20th, 1992, said waiver conditioned upon Miami Senior High School paying tkw ammunt of $2,000 per game to cover partial costs and expenses for said events, and allocating funds therefor, in an amount not to exceed $7,000, fxcm the Special Programs and Accounts, Contingent Fund, to cover the balance of said costs, ticket surcharge and general expenses for said football games. Section 3. The City Manager is hereby authorized/ to excite an agreeanent, in substantially the attached foam, with Miami Senior High School for said use. 1� The herein authorization is further subject to ccopliance with all xequixanents that may be inposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. -2- 93- 10 ce' Section 4. This VeS03_utlon shall beck effective imdiatelY upon its iqq3. adop ion. i4th da PASSED M XDOPM thi go 1. m ,4�p to D's CITY ATIVm naxsko-bss Sm 93- lin MANGE BOWL STAV1OAf USE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA AND MIAMI SENIOR HIGH SCHOOL, A DADE 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 SENIOR HIGH SCHOOL, A DADE COUNTY NIGH SCHOOL, with its office located at 2450 S.W. First Street, Miami, Florida 3313.5 telephone number (305) 649-9800, hereinafter referred to as "USER". R E C ITAL: 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 to two high school football games, hereinafter referred to as the '"EVENT(S)", and for no other purpose whatsoever. 1. agreement T rm%EVENT DAtgg: Said use is permitted on selected dates of November 6, 1992 and November 20, 1992, subject to the approval of the Director of Conferences, Conventions and Public Facilities .(hereinafter referred to as the "DIRECTOR") or designee. 2. it�Pertgdn The hours of use for each EVENT shall. include set tap, and dismantle times. Set up shall commence no earlier than 8000 .am on the day of each EVENT and cleanup shall begin immediately upon the conclusion of the EVENT and conclude within a twenty-four hour period, unless _# nnt/,o 9'a 93- 10 �C# -6 7sr 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 S)". 3. UQ Feea Pursuant to Resolution No. , ratified by the City Manager the use fee for the EVENTS shall be waived. Said use may be subject to any additional conditions imposed by the CITY. 4. Surcharges 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 schedule: Price of Admission 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. PA=ent fo additional fgervicess USER shall pay to the CITY, on demand, $2,000 per game to cover partial costs and expenses due to said CITY, .inclusive of Paragraph 12 of this Agreement. 6. Damage Ra2air: 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 EVENTS. 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 x 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 f 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 i f 4 93-- 10 most recent Federal Income Tax return. 8. forfeit for Cancellation; All advanced sums, or advanced payments for services shall be forfeited if, through the fault or action of the USER, the EVENTS are not held within the dates and times contracted. 9. Gat A, ening_ and Zmes of Performances Gates are to be opened at least two hours prior to the start of each 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 FACILITY1 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 EVENTS. USER agrees to accept said FACILITY in an was 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, restroom 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 PlayingFields USER agrees to restrict all vehicles from the grass and playing.field. Any exception tQ this restriction may only be granted by they Grounds and Turf Manager for the FACILITY. 14. Facility Rules: USE 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. 15. Authoritys 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. HLght of EntgyL The CITY reserves the right to enter upon the FACILITY premises at any time during the USE PERIOD as it deems necessary. 17. Union ReQULrements: USER shall ensure compliance with all necessary union requirements (if applicable) in connection with the personnel and services engaged for presentation of the EVENTS. The CITY shall use its best effort to inform USER of the terms of any trade or employee union agreement, written or oral, affecting all relevant personnel or services used in connection with the EVENTS and shall assist USER in complying with such agreements. 18. Eire Safety and Personne t USER shall provide a diagram of the proposed EVENT layout to the office of Fire Prevention, 275 N.W. 2nd Street, Miami, Fl, and obtain 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 S2curityt 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 each 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 aituation. The USER will assume the responsibility of paying for the services of these additional officers. If such additional officers are already on duty, payment shall be made at their normal hourly rate of pay. If such additional officers are off -duty, payment shall be made at the overtime rate of one and one-half times the normal hourly rate, 4 v 93- 10 Total compensation to such off --duty officers shall be the greater of the €ollowingc 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 o_f USER Effects: USER agrees to tear down and remove all USER effects immediately after each EVENT has ended. The CITY resenfes 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. Par .incr 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. Concgsaion. Righ $s 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. =ndestnifica,;o : The USER shall indemnify and save harmless forever the CITY and all the CITY's agents, otticers and employes from -and against all charges or . claii►. 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 $ _ 93- 10 # 71 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. Rjak—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 FACILTTY 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. I�ug 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 roved 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. 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. 28. Linding agreements 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. Nondis—,i,imi_n.� on: 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. Intentof Agregm nt: The parties intend that this document shall be a License Agreement and that no leasehold interest is conferred upon the USER. 31. Court Costa nod A torn =' Fees: If it becomes necessary for the CITY to institute proceedings to collect any morties 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. Nonasaignnnts This Agreement may not be transferred or assigned by USER without the express written consent of the CITY. 33. rg Agreemgnt: 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.. Amendmentsa No amendments to this Agreement shall be binding on either party -unless in writing and signed by both parties. IN WITLESS 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 CITY: .THE CITY OF MIAMI, a municipal corporation of the State of Florida Cesar H. Odio, City Manager -1- 93- to Attest: Witness Witness APPROVED AS TO INSURMICE: 11 USER: MIAMI SENIOR HIGH SCHOOL, A DADE COUNTY HIGH SCHOOL, FLORIDA, a political suhdivisio the State of Fldfida siq ture css� �C pri tt name NC rrc— itle APPROVED AS TO FORM. AND CORRECTNESS: Sujan Chaabra, Director A. Quinn Jones, III L Risk Management Division City Attorney APPROVED AS TO DEPARTMENTAL REQUIREMENTS: Tony Pa j a sy� Directi5r Department of Conferences, Conventions, and Public Facilities _8_ 93- 10 CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM 1 TO : DATE : FILE Honorable Mayor and Members JAN 5 1993 of the City Commission SUBJECT Resolution establishing �--•- fees for Miami Senior High School _ FROM : REFERENCES: Cesar H. Odio City Manager ENCLOSURES: 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 Senior High School is able to play its two scheduled football games on November 6 and 20, 1992 —_ at the Orange Bowl Stadium. The legislation also directs Miami Senior high School to pay $2,000 per game to cover partial costs and expenses for the use of the stadium. The legislation would .4 also authorize the City Manager to execute an agreement with this high school for this purpose. _ a 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 $2,000 per game to cover ticket surcharge and general expenses. 93- 10