Loading...
HomeMy WebLinkAboutR-93-0222i 1 -� J-93-248 4/6/93 RESOLUTION NO. 9 3- 222 A RESOLUTION, WITH ATTACHMENT, RATIFYING, _ APPROVING AND CONFIRMING THE CITY MANAGER'S WAIVER OF RENTAL FEES FOR THE USE OF A PORTION OF THE ORANGE BOWL STADIUM BY MIAMI "MEGA -CITY" SPECIAL OLYMPICS FOR THE PRESENTATION OF THE SPECIAL OLYMPICS OPENING CEREMONY, ONCE A YEAR DURING THE NEXT THREE (3) CALENDAR YEARS (1993-1998) WHICH TERM MAY BE EXTENDED BY THE CITY MANAGER FOR AN ADDITIONAL TWO (2) YEAR PERIOD UPON MUTUAL CONSENT OF THE PARTIES, SAID WAIVER CONDITIONED UPON MIAMI "MEGA -CITY" SPECIAL OLYMPICS PAYING ALL RELATED EXPENSES FOR THE OPENING CEREMONY; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI "MEGA -CITY" SPECIAL OLYMPICS FOR SAID USE; AND SUBJECT TO THE ORGANIZERS OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS _ DESIGNEE. - WHEREAS, the Department of Conferenoes, 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, 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 ATTACHMENT (S) CONTAINED CM COMMMION MEETING OF APR 15 93- 222 WHEREAS, said organization desires to continue this arrangement for the next three (3) years, with a two (2) year renewal option, and has negotiated the attached contract with the staff of the Department of Conferences, Conventions and Public Facilities; and WHEREAS, under the terms of the proposed contract, said organization will pay all required expenses, including personnel, police, and fire in accordance with City Code provisions; and WHEREAS, the City Manager and the Director of the Department of Conferences, Conventions and Public Facilities have determined that the charges, terms and conditions of the proposed contract will not adversely affect the revenue operations of said facility; 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. Seotion 2. The waiver of rental fees by the City Manager is hereby ratified, approved and confirmed for the use of a portion of the Orange Bowl Stadium by Miami "Mega -City" Special Olympics for the presentation of the special olympios opening ceremony, once a year during the next three (3) calendar years (1993-1995) which term may be extended by the City Manager for an additional two (2) year period upon mutual consent. of the parties, said waiver conditioned upon Miami "Mega -City" Special Olympics paying all related expenses for the opening ceremony, 222 MOOR Seotion Z. The City Manager is hereby authorizedl/ to exeoute the attaohed use agreement, in substantially the attached form, between the City of Miami and the Miami "Mega -City" Speoial Olympios for said use. Seotion 4. The herein authorization and waiver are hereby conditioned upon the organizers obtaining insuranoe to proteot the City in the amount as presoribed by the City Manager or his designee. f._ Seotion S. This Resolution shall beoome effeotive immediately upon its adoption. PASSED AND ADOPTED this 15th day of April CITY CLERK PREPARED AND APPROVED BY: g;r/ I Lz� A L O. DIAZV DEPUTY CITY RNEY ROD:osk:M3883 I/ ER L a SUARE?), MAYOR APPROVED AS TO FORM AND CORRECTNESS: Amp - A. QUINN JOYES, II CITY A The herein authorization is further subjeot to oomplianoe with all requirements that may be imposed by the City Attorney, inoluding but not limited to those presoribed by applioable City Charter and Code provisions. 9� 222 R 'x ORS SOL SANU9 USE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA AND MIAMI "MEGA -CITY" SPECIAL OLYMPICS THIS AGREEMENT made and entered into this day of 1993, by and between the CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter referred to as the "CITY" and MIAMI "MEGA -CITY" SPECIAL OLYMPICS with its principal office located at 1400 N.W. 4TH STREET, Miami, Fl 33125, telephone number (305) 649-0419, hereinafter referred to as the "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 a portion of the municipal facility of the CITY known as the Orange Bowl Stadium Parking Lots South 2 and 3 and one-half (1/2) of said stadium, hereinafter referred to as the "FACILITY", the said FACILITY to be entered upon or into for the purpose of presenting an annual "Special Olympics" Opening Ceremony once'a year, hereinafter referred to as the "EVENT", and for no other purpose whatsoever. The date and hours for the concert of said annual event shall be mutually determined by both parties no later than sixty (60) days prior to said annual event. If required set up shall begin five days immediately preceding each event and dismantle shall be immediately after the end of wr the event. e :1 ORANGE BOWL STADIUM 305-643 115 A 6.93 9'.35 N0.002 P.03 1.hareement TormIEVENT Detest Said use is permitted for three (3) annual events during the terms of this agreement, coveting the period commencing on March 26, 1993 and terminating on December 31, 1995, which term may be extended by the City Manager for an additional two (2) year period upon mutual consent of the parties. 2. Ting period: The hours of use for the EVENT shall include not up and dismantle times. The EVENT time shall be from 400 00 pm to 900 00 pm . Set up shall commence no earlier than five (5) days prior to the event and dismantle shall begin 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 referred to as the "USE PERIOD". 3. Mae Fee: Pursuant to Resolution No. ratified by the CITY Commission on , the use fee for the EVENT shall be waived. Said use may be subject to any additional conditions imposed by the CITY, pursuant to Resolution No. In the event of Commission disapproval, the app ice a City Code fee of $5,000 plus 6.5% State of Florida use tax, shall apply. 4. payment for Additional _Servicest USER shall pay to the CITY, on demandr such sum or sums as may be due to said.CITY for additional services, accommodation or material furnished to said USER for the EVENT. 5. 12mmae Repairs" 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. 6. PA=gnts .= Any other sums due CITY pursuant to this Agreement, including personnel expenses, shall be paid upon the conclusion of the EVENT. 7. Demand h2rr. Pa_ymw= t The CITY, through the DIRECTOR or designee, at -its sole option and discretion, shall be entitled to demand full payment for any unpaid expenses incurred through USER's use of the FACILITY at the close of the event. USER grants to -the CITY the first right of claim to be paid from all monies that are on hand such as "on Promises gate receipts" or all monies held by USER's ticket sales agency for any unpaid expenses, additional services, accommodations, materials furnished, cost of repair, rehabilitation, damage correction, and/or replacement or restoration of the FACILITY as a consequence of the presentation of the event. The AYRECTOR or designee shall be entitled to collect all such funds due the CITY and the CITY - z - 93- 222 t x C. shall be paid prior to payment of any other bills or sums of money owed by the USER to other parties. USER agrees that any agreement entered into by the USER with a ticket sales agency or agencies will include the agency's recognition that the CITY has first right of claim, and the CITY is to be paid from any and all monies held by the said ticket agency. "On Premises gate receipts" shall be defined as all sums of money collected by the USER or his agent in connection with the EVENT. 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 EVENT is not held on the date and time contracted. 9. Audit Rights: a. CITY reserves the right to audit the records of USER 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. 10. rate Opening and Times of Performance• Gates are to be opened at least two hours prior to the start of the EVENT. All tickets and advertising shall indicate the gate opening time for each performance. The CITY reserves right to open gates or. adjust gate opening time as it deems appropriate based on crowd control and other conditions. 11. Placement and Removal of USER Effects• User will be responsible ton 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, unless otherwise permitted by the DIRECTOR or designee. l 12. Prohibited Itemsi_ USER agrees to include in its advertising that bottles and cans cannot be brought into the FACILITY. The CITY and USER will use 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. 13. Condition of MCILITY: 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. 14. Utilities, Items Furnished byCITY:- CITY 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. 15. 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 Stadium. 16. 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. 17. 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. 18. Right of Eby: The CITY reserves the right to enter upon the FACILITY premises at any time during the USE PERIOD as it deems necessary. 19. 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 the USER by the DIRECTOR or designee at least 72 hours prior to the USE PERIOD. If staging and/or other structures are to be erected after normal CITY working hours, USER shall additionally pay for the services of a groundsman who will be assigned for the required off -duty period. 20. 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. 21. 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 each 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. 22. 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 designated Police and security services upon the conclusion of 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 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 officers are off -duty, payment shall be made at the overtime rate of one and one-half times the normal hourly rate, - 5 93-- 222 a M, 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. 23. C"an-up and Dismantle a. USER agrees to pay directly for the cleaning contractor to clean the FACILITY after the USE PERIOD (EVENT day) has ended. If the FACILITY is not properly cleaned to the CITY's satisfaction, the CITY has the right to order additional cleaning of the FACILITY and to invoice the USER for such additional cleaning. The hauling of the trash from the FACILITY shall be performed by the CITY's Solid Waste Department, and the USER is responsible for the payment of such trash disposal fees as are established by the CITY. b. USER agrees to tear down and remove all USER effects immediately after each USE PERIOD has ended, which shall be completed not later than twenty-four hours after the conclusion of each EVENT. The DIRECTOR or designee may allow USER's effects to remain at the FACILITY overnight between USE PERIODS when such use is authorized for consecutive days. When USE PERIODS are authorized for consecutive days, USER effects shall be removed on the last day in accordance with this provision. 24. Parking: a. The CITY shall furnish its 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, 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. d. The CITY shall furnish'USER with the use of Lot South 3 for the EVENT to be distributed by USER to all volunteers and USER's staff. 25. Concession Rights: it is understood that concession rights for all events at the STADIUM and FACILITY belong to the CITY. For the purposes of this Agreement, USER shall have concession rights to food and beverages only in the parking lots during the term of this Agreement. 26. 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 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. 27. 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 premises are under the control of and occupied by the USER. All personal property placed or moved on the subject premises 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 �i or used by the USER or its licensees is placed on the premises during the AGREEMENT TERM, including setup and =_ I dismantle times and, in particular, during those hours of the USE PERIOD when the FACILITY are not open to the general —; public. - I j 28. Insurance: Liability Insurance 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 must be acceptable to the CITY in terms -! of Management Classification and Financial Category ratings as stipulated by the latest issue of Best's Rey Rating Code. The CITY is to be provided with a copy of such insurance policies and a certificate of same. _ 29. p�fauult Provision: In the event that USER shall fail to comply with each and every term and condition of this ,i 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. _ 7 _ 93- 222 . MIN&. oft arw +tir IM 30. Assurancess 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. 31. 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. 32. Building Permit: USER shall provide to CITY as soon as possible two (2) sets of engineered blueprints of the stage and roof structure that will be used for the EVENT. This is necessary to obtain the required building permit.- 33. 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. 34. Intent of Agreement: The parties intend that this document shall be a License Agreement and that no leasehold interest is conferred upon the USER. 35. 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. 36. Nonassignment: This Agreement may not be transferred or assigned by USER without the express written consent of the CITY. 37. 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 expressly set forth in this Agreement are of no force or effect. - 8- - 93- 222 AAL 38. Amendmentst 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. THE CITY OF MIAMI, a municipal corporation of the State of ATTEST: Florida: Matty Hirai, City Clerk ATTEST: Corporate Secretary, APPROVED AS TO INSURANCE: Sujan Chhabra, Director Risk Management Department Cesar H. Odio, City Manager USER: Miami "Mega -City" Special Olympics a not -for -profit Florida corporation (signature) (print name and title) (SEAL) e APPROVED AS TO FORM AND CORRECTNESS: A. Quinn Jones, III City Attorney APPROVED AS TO DEPARTMENTAL REQUIREMENTS: 1 Lfj Tony Pajares, Director Department of Conferences, Conventions and Public Facilities - 9 - a CITY OF MIAMI. PLOAIDA CAw7 INTBA-CIFFICE MEMOAANDUM In. Honorable Mayor and Members of thq City t3pmmission PRom Ces H. Odio City Manager not r . APR - 71993 FILL- : 100b Ecr : Resolution establishing terms & fees for Miami "Mega -City" special Olympics. f1EFEhENCE5 ENCIOUVRFS . It is respectfully recommended that the City Commission adopt the attached proposed resolution ratifying and approving the waiver of rental fees for the use of a portion of the Orange Bowl Stadium by the Miami "Mega -City" Special Olympics for the presentation of the Special Olympics opening ceremony, once a year during the next three (3) calendar years (1993-1995) which term may be extended by the City Manager for an addition two (2) year period upon mutual consent of the parties. The Department of Conferences, Conventions and Public Facilities has prepared the attached legislation. Due to the nature of this event, for handicapped people, the organization has requested a waiver in rental fees. it should. be noted that all other required fees and expenses, including event personnel, fire and police, will be paid by the Miami "Mega -City" Special Olympics. The selection -of the event date will be mutually detemined each year at least sixty (60) days in advance of the actual event. At t: i t V 1 v i r MIAMI "MEGA.=CITY" SPECIAL OLYMPIC "VENUE/EXPENSES PROJECTIONS ORANGE HOWL STADIUM MARCH 26 - DECEMBER 31, 1993-1995 Attendancet 15,000 (average) for 3 years Use Feet Waived Surcharge= N/A Concessions: $2.50 per cap Parking: $2.00 REVENUES Use Fee Surcharge Concessions Parking EIS Parking Personnel -0- -0- 15,786 30,000 $ 45,786 3,000 $ 42,786 ,Y �4a lei. 93 x ti x tR. .� r