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HomeMy WebLinkAboutR-93-0631U-93-661 10/4/93 93- 631 RESOLUTION NO. �1 •' 1 • 1 :•:1• r' '.• N r 81:• •r r N r•r ••il •• a •' :• a+:• i 81• • 4 H' DID 1:N r 1 H INN •'1 N r r N Ac WHEREAS, the Department of Conferences, Conventions, and. Public Facilities is responsible for the operation of the Bobby Madero Miami Baseball Stadium and attempts to secure the presentation therein of athletic events for the community; and WHEREAS, Miami. Dade Community College requested permission to play their home baseball games and team practices at the Bobby Madero Miami Baseball Stadium; and WHEREAS, Section 53-146(0)(6) 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 i Stadium; and WHEREAS, Miami Dade Community College agreed to pay the amount of $4,000 as payment for the use of the stadium; NOW, THEREFORE, BE IT RESOLVED BY THE 00NMISSICN OF THE CITY OF MLAMI, ATTACHMENT CONTAINED CITY COMMSSION MEETING OF 0 CT 14 1993 Resolution No. 93- 631 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 ratified, approved and confirmed for the use of the Bobby Maduro Miami. Baseball Stadium by Miami -Dade Co=nity College for baseball practices and games from September 1993 through April 1994, said waiver conditioned upon Miami Dade Coimm pity College paying the amount of $4,000 to cover partial costs and expenses for said use. Section 3. The City Manager is hereby authorized`/ to execute an agreement, in substantially the attached form, with Miami -Dade Cammini.ty College for said use. Section 4. This Resolution shall become effective inmtedi.ately upon its adoption. PASSED AND ADOPTED this 14th day of October 1993. XAVTER L. R �N' • I N �1'1 .. �I...I�I� � ....�• SIN Or, ' Ili 9N1 BSS:M38W •••• �1� • •• I� A' ' N�'I • Nl The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. -2- 93- 631 BOBBS DURO MIAMI BASEBALL STADIUM USE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA AND MIAMI-DADE COMMUNITY COLLEGE THIS AGREEMENT made and entered into this day of 19 , by and between the CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter referred to as the "CITY" and MIAMI-DADE COMMUNITY COLLEGE - WOLFSON CAMPUS ATHLETICS, with its office located at 300 N.E. Second Avenue, Miami, F1 33132-2297, telephone number (305) 347-3081, 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 f the Bobby Maduro Miami Baseball Stadium, hereinafter referred to as the "FACILITY", the said FACILITY to be entered upon or into i for the purpose of presenting baseball team games and practices, hereinafter referred to as the "EVENT(S)", and for no other purpose whatsoever. 1. USE PERIOD: Said use for the events shall be permitted for period commencing on September 1993 and terminating on April 1994, on specific dates as may be available, excluding night games, subject to the approval of the Director of Conferences, Conventions and Public Facilities. 2. USE FEE: USER agrees to pay the CITY for the use of said FACILITY: Four Thousand Dollars ($4,000.00) flat use fee, hereinafter referred to as the "USE FEE." 93- 631 � 93 �9/ 3. PAYMENT FOR ADDITIONAL SERVICES: USER shall pay to the CITY, on demand, such sum or sums as may be due to said CITY for additional services, accommodations or material requested by and furnished to said USER for the EVENT. 4. DAMAGE REPAIR: USER shall pay to the CITY the reasonable 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. 5. PAYMENTS DUE: The USE FEE and applicable taxes for the EVENTS) days shall be paid at the time of the signing of this agreement be USER or ten (10) days prior to the EVENT, whichever is sooner. Any other sums due CITY pursuant to this Agreement, including personnel expenses, if applicable, shall be paid immediately after the conclusion of the EVENT(S). 6. DEMAND FOR PAYMENT• 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. The DIRECTOR or designee shall be entitled to collect all such funds due the CITY and the CITY shall be paid prior to payment of any other bills or sums of money .owed by the USER to other parties. 7. FORFEIT FOR CANCELLATION: All advanced sums, or advanced payments for services shall be forfeited if, through the fault of the USER, the EVENT(S), are not held on the dates and times contracted. B. AUDIT RIGHTS: a. CITY reserves the rights 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. 9. 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. 10. CQNDITION 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 EVENTS. USER agrees to accept said FACILITY in an "as is" condition at the start of each USE PERIOD. 11. UTILITIES, ITEMS FURNISHED BY CITY: 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. 12. RESTRICTION FOR PLAYING FIELD: USER agrees to restrict all vehicles from the grass an playing field. Any exception to this restriction may only be granted by the Grounds and Turf Manager for the Stadium. 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 at any time during the USE PERIOD as it deems necessary. 16. EVENT STAFF AND SUPPLIES FURNISHED BY USER: USER shall furnish, at its sole cost and expense, ticket sellers, ticket takers, and ushers. USER shall consult with the DIRECTOR or designee to ensure that staffing levels for such personnel are adequate to handle attending crowds. USER shall also furnish, at its sole cost and expense, all game officials and - 3 - 93- 631 gamefield personnel, and all for the sideline areas, locker including without limitation, soap. supplies and consumable goods rooms, game officials' room, ice, soft drinks, towels, and 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, sound technicians, stadium assistants, groundsmen, elevator operators, and others necessary for the proper conduct of the EVENTS. 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 and 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. 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 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. 19. FIRE SAFETY: 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 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, if any. 20. 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 EVENTS. USER shall be responsible for the direct payment of approved designated Police and security services upon the conclusion of the EVENT. -4- 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. 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 for a cleaning contractor to clean up the FACILITY after each USE PERIOD (EVENT day) has ended. If the FACILITY is not properly cleaned, the CITY has the right to order the cleaning of the site and charge the USER for the cleaning. The hauling of the trash from the FACILITY may only 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 EVENT has ended, and shall be completed no later than twenty-four hours after each EVENT. 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 EVENTS at USER's sole cost and expense.. The CITY reserves the rights to remove from the premises all USER effects remaining in or on the grounds of the FACILITY after the end of each USE PERIOD at the expense of the USER, or the CITY may charge storage, at the same rate stated in Paragraph 3 of this Agreement, for each day or, part of a day that said effects remain in or on the grounds of the FACILITY after the end of each USE PERIOD. 23. CONCESSION RIGHTn: It is understood that concession rights for all events at the FACILITY belong to the CITY. 24. PARKING: It is understood that all parking revenue belongs to the CITY. - 5 - 93- Coot 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 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. 26. RISK OF LOSS: The .CITY shall not be liable for any loss, bodily injury or damage to any personal property or equipment of the USER, or 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 of 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 on the premises during the USE PERIODS, including setup and dismantle times and, in particular, during those hours of each USE PERIOD when the premises are not open to the general public. 27. 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 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 latest 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 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. 6 93" 6001 29. ASSURANCE": 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 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. 31. NONDISCRIMINATION: USER agrees that it shall not discriminate as to race, sex, color, creed, national origin, or handicap 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. 33. COURT COSTS AND ATTORNEY'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. NONASSIGNMENT: 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 of this date. Any prior agreements, promises, negotiations, or representations not expressly 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. - 7 - 93- 631 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: CITY: THE CITY OF MIAMI; a municipal corporation of the State of Florida: Matty Hirai, City Clerk Corporate Secretary APPROVED AS TO INSURANCE: Cesar H.,Odio,City Manager USER: MIAMI-DADE COMMUNITY COLLEGE WOLFSON CAMPUS ATHLETICS (signature) (print name) (title) (SEAL) APPROVED AS TO FORM AND CORRECTNESS: Sujan S. Chhabra, Director A. Quinn Jones, III Risk Management Department City Attorney APPROVED AS TO DEPARTMENTAL REQUIREMENTS: l-C. Tony Pajares, Director Department of Conferences, Conventions & Public Facilities p �Z �" -, V AUG 2JI, 3 !, 2 1 1 i "3 CITY OF MIAMI, FLORIDA 1 INTER -OFFICE MEMORANDUM CA='6 TO Honorable Mayor and Members DATE OCT C 41993 FILE of the City Commission SUBJECT Resolution establishing special charges, terms and conditions for Miami - Dade Community College FROM REFERENCES Ces dio Cit ager ENCLOSURES i RECOMMENDATION: 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- Dade Community College can hold baseball practices and games to be held commencing in September 1993 and terminating in April 1994, at the Bobby Maduro Miami Baseball Stadium. The legislation also directs Miami -Dade Community College to pay $4,000 for the use of the stadium. The legislation would also authorize the City Manager to execute an agreement with Miami -Dade for this purpose. 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 offered to pay a fee of $4,000 to cover the use of the stadium and general costs and expenses. 64 L 93- 621 1 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : Angela Bellamy DATE : Assistant City Manager SUBJECT l FROM : ��rTony Paj ares , Director REFERENCES: Department of Conferences, Conventions & Public Facilities ENCLOSURES: August 23, 1993 FILE 4? Attached for inclusion on the October 14, 1993 City Commission Agenda is the attached resolution establishing special charges, terms and conditions for the use of the Bobby Maduro Miami Baseball Stadium by Miami -Dade Community College. Pertinent information is contained below. Item Type: Resolution 2nd Party: Miami -Dade Community College Facility: Bobby Maduro Miami Baseball Stadium Date: September 1993 - April 1994 Program/Event: Baseball games and practices Use Fee: $4,000 Surcharge: N/A Authorization: Requires Commission approval cc: Beverly Solomon Carmen Leon Elvi Gallastegui file 93- 631