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HomeMy WebLinkAboutR-93-0634d r z U-93-650 10/14/93 � RESOLUTION NO. 9 3- 633 A RESOLUTION, WITH ATTACHMENT(S), RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S WAIVER OF RENTAL FEES FOR THE USE OF THE ORANGE BOWL STADIUM BY MIAMI NORTHWESTERN SENIOR HIGH SCHOOL FOR A FOOTBALL GAME PLAYED AGAINST CAROL CITY SENIOR HIGH SCHOOL ON SEPTEMBER 3, 1993; AUTHORIZING THE ALLOCATION i OF FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED i $4,700, FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, TO COVER GENERAL EXPENSES i FOR SAID FOOTBALL GAME; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI NORTHWESTERN SENIOR HIGH SCHOOL FOR SAID USE, SAID AUTHORIZATIONS AND APPROVALS CONTINGENT UPON MIAMI NORTHWESTERN SENIOR HIGH SCHOOL PAYING THE COSTS OF POLICE SERVICES AND TICKET SURCHARGES. WHEREAS, the Department of Conferences, Conventions, and Public Facilities is responsible for the operation of the Orange Bowl Stadium ("Stadium") and attempts to secure the presentation of athletic events for the community; and WHEREAS, Miami Northwestern Senior High School requested permission to play a football game against Carol City Senior High School at said Stadium; 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 the Orange Bowl Stadium; and CITY COMMISSION MEETING OF O C T 1 4 1993 Resolution No, 93--_ 633 WHEREAS, Miami Northwestern Senior High School has agreed to pay the costs of police personnel and ticket surcharges for said game; and WHEREAS, funds in an amount not to exceed $4,700 have been made available from the Special Programs and Accounts, Contingent Fund, to cover the balance of the costs (event personnel, cleanup and field lighting); 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 waiver of rental fees are hereby ratified, approved and confirmed for the use of the Orange Bowl Stadium by Miami Northwestern Senior High School for a football game played against Carol City Senior High School on September 3, 1993, and the allocation of funds therefor is hereby authorized, in an amount not to exceed $4,700, from Special Programs and Accounts, Contingent Fund, to cover general expenses for said football game. Section 3. The City Manager is hereby authorized-" to execute an agreement, in substantially the attached form, with Miami Northwestern Senior High School for said use, said 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- 633 authorizations and approvals contingent upon Miami Northwestern Senior High School paying the costs of police services and ticket surcharges. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 14th day of 1993. XAVIER L. OAREZ, MAYOR AT S 4 MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: CARMEN L. LE N ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A! QUT NTQ'' S, Z I T CITY ATTORN Y BSS:M399 93- 633 ORANGE BOWL STADIUM USE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA AND MIAMI NORTHWESTERN SENIOR HIGH SCHOOL, A DADE COUNTY HIGH SCHOOL, FLORIDA 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 NORTHWESTERN SENIOR HIGH SCHOOL, with its office located at 7007 N.W. 12th Avenue, Miami, Florida 33150 telephone number (305) 836-0991 Ext. 319, hereinafter referred to as "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 up a high school football game between Miami Northwestern Senior High School and Carol City Senior High School, hereinafter referred to as the "EVENT," and for no other purpose whatsoever. 1. Agreement TermIEVENT Dates: Said use is permitted for September 3, 1993, 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 cleanup shall begin immediately upon the conclusion of the EVENT and conclude within a twenty-four hour period, unless 93- 633 0kkNVE BU.J,- ' TC4D1JM TEL:365-643-'i,i5 No .Ut 1 r . U3 otherwise mandated by the DIRECTOR ox., designee. The above hours of use, including set up and dismantle times, shall hereinafter be referred to as the "USE VVRIOD(S) 3. Use Fee: Pursuant to Resolution No. 93-633, ratified by the City Commission on October 14, 1993 the use fee for the EVENT shall be waived. Said use may be subject to any additional conditions imposed by the CITY. 4. Urchargei 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 surchargo shall be based on the admission price as follows: p, i.ce of Admission 5urcharga $1.00 to $5.00 $0.50 $5.01 to $1.5.00 $0.75 $15.01 and over $1.00 . 1 USER shall record collection of the surcharge and shall list such revenue as a separate item 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 Citys Code provisions and the terms of this Agreement. S. Payment for Additional SArvices: USER shall pay to the CITY, on demand, the cost of police services for the EVENT. 6. Qamage 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. t 7. Audit inhts a. CITY reserves the right to audit the records of USSR relating to the EVENT at any time during the performance of this Agreement and for a period of three ye4 s 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 an to the actual and budgeted receipts and expenditures of the funds for said EVENT. Said audit 93- 633 --- 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. S. 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 within the date and time contracted. 9. Gate Opening 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. 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 FACILITY: CITY the FACILITY and its fixtures in good order and repair, and for which they are to be used, intended, and will be free of impede the proper conduct of accept said FACILITY "in an "a: the USE PERIOD. represents and warrants that and furnishings will be clean, reasonably fit for the purpose in safe condition for the use defects which would prevent or the EVENT. USER agrees to is" condition at the start of 12. Restriction for Playing Fields 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. 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 -3- 93- 633 at the discretion of the CITY Manager or his designated representative. 15. 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. 16. 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. 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, 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. 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 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 servies, if any. 19. 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 approved designated Police and security services upon the conclusion of 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 -4- 93- 633 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. 20. Removal of USER 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, unless otherwise permitted by the DIRECTOR or designee. 21. Parking: 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 acco.rdance 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. - 5 - 93- 633 23. indemnification: The USER shall indemnify and save harmless forever the CITY, and all the CITY's agents, officers and employees from and against al•1 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. 24. Risk of Loss: The CITY shall not be liable for any loss, injury or damage to _any p.ers anal property jar equipment belonging to the USER, or to anyone whomsoever, during any times the FACILITY 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 material term and condition of this Agreement or fails to perform any of the material 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 _6_ 93- 633 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. 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. 29. 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. 30. Intent of Agreement: The parties intend that this document shall be a License Agreement and that no leasehold interest is conferred upon the USER. 31. 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. 32. Nonassignment: This Agreement may not be transferred or assigned by USER without the express written consent of the CITY. 33. 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 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. 93- 633 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 Attest: Witness Witness APPROVED -AS TO INSURANCE: 0 Sujan Chaabra, Director Risk Management Division CITY: THE CITY OF MIAMI, a municipal corporation of the State of Florida Cesar H. Odio, City Manager USER: MIAMI NORTHWESTERN SENIOR HIGH SCHOOL, A DADE COUNTY HIGH SCHOOL, FLORIDA, a political subdivision of the State of Florida signature print name title APPROVED AS TO FORM AND CORRECTNESS: A. Quinn Jones, III City Attorney APPROVED AS TO DEPARTMENTAL REQUIREMENTS: Tony Pajares, Director Department of Conferences, Conventions, and Public Facilities -8- 93- 633 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members of the City Commission CA-7 DATE OCT 0 / 1993 -FILE SUBJECT Resolution establishing fees for Miami Northwestern Senior High FROM REFERENCES 'School Ces dio Cit nager 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 Northwestern Senior High School is able to play its scheduled football game on September 3, 1993 against Carol City Senior High School at the Orange Bowl Stadium. The legislation also directs Miami Northwestern Senior High School to pay $4,700 for the game to cover partial costs and expenses, and also pay the ticket surcharge, 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. The Department of Conferences, Conventions and Public Facilities has prepared the attached legislation. Due to the limited funding available for its athlptic program, the school has requested a waiver in rental fees. They have also offered to pay city police expenses and the ticket surcharge. They have also offered to pay $4,700 to cover general costs and expenses. 93- 633 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : DATE : FILE Angela Bellamy August 18, 1993 Assistant City Manager SUBJECT : FROM L REFERENCES: Tony Pajares, Director Department of Conferences, Conventions & Public Facilities ENCLOSURES: 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 a portion of the Orange Bowl Stadium by Miami Northwestern Senior High School. Pertinent information is contained below. Item Type: Resolution 2nd Party: Miami Northwestern Senior High School Facility: Orange Bowl Stadium Date: September 3, 1993 Program/Event: High School Football Game Use Fee: Waived Surcharge: $0.50 Authorization: Requires Commission approval cc: Beverly Solomon ' Carmen Leon Elvi Gallastegui file 93- 633 MIAMI NORTHWESTERN SENIOR HIGH SCHOOI, REVENUE/EXPENSES PROJECTIONS ORANGE BOWL STADIUM SEPTEMBER 3, 1993 Attendance: 10,000 Use Fee: Waived Surcharge: $0.50 Concessions: $0.50 per cap REVENUES Use Fee Surcharge Concessions TOTAL EXPENSES Event Personnel Lights Clean up TOTAL Police (paid by Promoter) NET REVENUE -0- 5,000 2,105 $ 7,105 1,150 2,400 1,021 $ 4,571 1,500 $ 2,534 Co v 93- 633