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HomeMy WebLinkAboutR-93-0719J-93-751 10/05/93 l RESOLUTION NO. 9 3 - 719 A RESOLUTION, WITH ATTACHMENT, ESTABLISHING SPECIAL CHARGES, TERMS AND CONDITIONS FOR THE USE OF THE BOBBY MADURO MIAMI BASEBALL STADIUM BY THE SOUTH FLORIDA HAITIAN-AMERICAN SOCCER LEAGUE FOR THE SAID ORGANIZATION'S PRESENTATION OF APPROXIMATELY THIRTY (30) AMATEUR SOCCER GAMES DURING THE PERIOD OF NOVEMBER 1, 1993 THROUGH JUNE 30, 1994; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND SOUTH FLORIDA HAITIAN-AMERICAN SOCCER LEAGUE FOR THIS PURPOSE, SUBJECT TO THE ORGANIZERS OBTAINING INSURANCE TO PROTECT THE CITY IN AN AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. WHEREAS, the Department of Conferences, Conventions, and Public Facilities is responsible for the operation of the Bobby Maduro Miami Baseball Stadium and seeks to secure the presentation of cultural and athletic events at said facility; and WHEREAS, Section 53-146 (C)(.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 stadium; and WHEREAS, the South Florida Haitian -American Soccer League wishes to conduct approximately thirty (30) amateur soccer games at said facility; and ATTACK SENT (S) CITY COMKMSION MEETING OF NOV 2 3 1993 Heoolution No. 93- 1U WHEREAS, the Director of the Department of Conferences, Conventions and Public Facilities has determined that a special "flat" use charge of $250 per day for said soccer games will not adversely affect the revenue operation at said facility; and WHEREAS, said League has agreed to cover stadium operational expenses for said games and will assess a surcharge of fifty ($0.50) per paid admission for all games in accordance with Section 53-1 (b), as amended; and 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 special charges, terms and conditions as set forth in the attached agreement for use of the Bobby Maduro Miami Baseball Stadium by the South Florida Haitian -American Soccer League are hereby established for said organization's presentation of approximately thirty (30) amateur soccer games during the period of November 1, 1993 through June 30, 1994. Section 3. The City Manager is hereby authorized to execute an agreement, in substantially the attached form, between the City of Miami and South Florida Haitian -American Soccer League for said purpose, subject to the organizers obtaining insurance to protect the City in an amount as prescribed by the City Manager or his designee. - 2 - 93- 719 Section 4. This Resolution shall become effective I immediatelyupon its adoption. P P i PASSED AND ADOPTED this 23rd day of November r 1993. STEPH N P. CLARK , MAYOR %1 ATTEST• MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: i CARMEN L. LEON ' ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: dam 93-- 719 ORANGE BOWL STADIUM TEL:305-643-7115 Nov 08,93 9:2T No.001 P,02 MAX1 BASL.tBAIJ, STAI)ILTM USE AGREEMENT BETWEEN THE CITY OF MIAMI FLORIDA AND SOUTH FLORIDA HAITIAN-AMERICAN SOCCER LEAGUE THIS AGREEMENT made and entered into this day of 19_, by and between the CITY OF MYEIMT, a municipal corporation of the State of Florida, hereinafter referred to as the "CITY" and SOUTH FLORIDA HAITIAN-AMERICAN SOCCER LEAGUE, a for profit Florida corporation with its principal office located at 3050 Biscayne Blvd, Suite 1003, Miami, Florida 33137, telephone number (3051 576-7829, 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 the municipal, facility of the CITY known as the Bobby Maduro Miami Baseball Stadium, hereinafter referred to as the "FACILITY',, the said FACILITY to be entered upon or into for the purpose of presenting amateur soccer flames, hereinafter referred to as the "EVENTS", and for no other purpose whatsoever. 1. Aggeement TfZ=4=NT Dates: Said use is permitted on the selected dates of Novembex 27, 28, December 11, 12, 1993, January 9, 16, 23, 30, February 6, 13, 20, 27, March 6, 13, 20, 27, April 3, 10, 17, 24, May 11 8, 1.5, 22, 29, June 5, 12, 19, 26, 1994 hereinafter referred to as the "AGREEMENT TERM", subject to the approval of the Director of Conferences, Conventi.one, and Public Facilities (hereinafter referred to as the "DIRECTOR") or designee. 2• Red ingtitishments The USER acknowledges that if the CITY schedules any special events, including without limitation concerts, major sporting events, or other major events, at the FACILITY, the USER shall relinquish its use of the FACILITY on the conflicting date. CITY will. give USER at least seven (7) days notice of said special event, WHEN RtTuttwiyu tun WKI,• A REVIEW, PLEASE IDENTIFY AS -?3- 3 9 3 ~ 7 9 ..�,_. ORANGE BOWL STADIUM TEL:305-643-7115 Nov 08,93 9:27 No.001 P.03 3. MAe_Perigd,i Said use for the EVENTS shall be permitted for the period commencing at 5:00 p.m, and terminating at 11:00 p.m. on each EVENT day, not including set up and dismantle times. Set up shall commence no earlier than 8:00a.m. on the day of the EVENT and dismantle shall begin immediately 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 be referred to as the "USE PERIODS". 4. JLJ USER agrees to pay the CITY for the use of said FACILITY: Two Hundred Fifty Dollars ($250.00) flat use fee per EVENT day, plus 6% State of Florida use tax, hereinafter referred to as the "USE FEE". Said fee is subject to City Commission approval. In the event of Commission disapproval, the applicable City Code fee of $500.00, plug 6.5% State of Florida use tax, shall apply. 5. Surcharge-: 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 surcharge shall be basoc on the admission price as follows: Price Qf A mz gg i on , hurc.harge $1.00 to $5.00 $0.50 $5.01 to $15.00 $0.75 $15.01 and Over $1.00 USER shall .record collection of the surcharge and shall list such rdvenue as a se arate item in the statement of accounts for each EVENT. Ticket surcharge revenue shall be paid upon demand, and/or as soon as possible after the conclusion of. each EVENT, in accordance with City Code provisions and the terms of this Agreement. 6. 124=ent fog Additignal__Eerv,Lc-es s 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 furnished to said USER for each EVENT. 7. QAMag!„Renair: 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 ether unusual but reasonable expense borne by the CITY as a consequence of presentation of the EVENTS. - 2 - �� lin"Me loin 93- 719 ORANGE BOWL STADIUM TEL:305-643-7115 owl Nov 08,93 9,27 No.001 P.04 �, payments due: The USE FEE and applicable taxes for each EVENT shall be paid no later than (5) days prior to each EVENT. Any other sums due CITY pursuant to this Agreement, including the ticket surchaarge, field lightinge cleanup, and personnel expenses, shall be paid as soon as passible after the conclusion of each EVENT. 91 F r i% for Cgnc pj_Ation:' All advanced sums, or advanced. payments for services shall be forfeited if, through the fault of the USER, the EVENT is riot held during the USE PERIOD. 10. Audit Rights a. CITY preserves 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 tide 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. 11. Erohjb4te-d ? e s: USER agrees to include in its advertising that bottles and cans cannot be brought into the FACILITY. The CITY and USER will use their beat efforts to ensure that no cans, bottles, glass containers, fireworka, weapons or other bb jams that may be ueed as missiles, are allowed in the FACILITY. 12. Con ion of EACIL=.TY1 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 accept said FACILLITY in can "as each USE PERIOD, represents and warrants that and furnishings will be clean, reasonably fit for the purpose in safe condition for the ase defects which would prevent or of the EVENTS. USSR agrees to is" condition at the start of 1.3. Uti i&ies, 7 ems Eura shad by_=Xi. CITY agrees to furni..sh, at .its expense, except as may be otherwise provided herein, light for ordinary use, water for all reasonable purposes, xestroom supplies and nothing else. 14, 8&ztr ctiQn f"_ Playing Ei2ld: 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. -3- 93— 719 ORANGE HOWL STHDIUM TEL:305-643-?115 Nov Oe,93 9:30 No,001 P.05 15. Facility st USER acknowledges that it has read the "Rules and Regulati.one for Use of City of Miami. Municipal Facilities" which are attached to the "Application for Use of City of Miami Municipal Pacilitia.9", 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. 16, Authorit.y_. 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. 17. 1igaht of Entry: The CITY reserves the right to enter upon the FACILITY at any time during the USE PERIODS as it deems necessary. 18, EVENT Staff and „Supplies P1Lrnished bar USERS USER shall furnish, at its soli 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 gamefield personnel„ and all supplies and consumable goods for the sideline areas, locker rooms, game officials, room, including without liinitation, ice, soft drinks, towels, and soap. 19. MYF,NT �grsonnel: If EVENT personnel staffing is required by the USER, the DIRECTOR or designee will provide USER with a list 'of event personnel familiar with the FACILITY, including without limitation, EVENT Supervisor, office attendants, facility operations workers, electricians, sound technicians, groundskeepexe -and others necessary for the proper operation of the EVENT. Upon .request, USER shall be furnished with the estimated hours of work and total personnel, cost. USER agrees to pay said event personnel and shall be responsible for keeping proper employee records and the issuance of 'W-2 and 1099 statements for tax purposes, in accordance with federal, state and/or local Laws. If staging and/or other atrurtures 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. -4- 93- 719 ORANGE BOWL STADIUM TEL:305-643-7115 Nov 08,93 9:30 No.001 P.06 20. Unign Rp ui x=ent _L USER shall ensure compliance with all necessary union requirements cif applicable) in connection with the personnel and services engaged for presentation of the EVENTS. The CITY shall use its best effort to inform USED of the terms of any trade or employae union agreemaht, written or oral, affecting all relevant personnel or services used in connection with the EVENTS and shallassist USER in complying with such agreements. 21. Firg__SafD_W. 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 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 Marahal and approved by the DIRECTOR or designee. The USER shall be responsible for the payment of Fire Department services. 22. p�licocurity: 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 ]bevel 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 designated Police and security services upon the conclusion of each EVENT. b. if during the course of the EVENTS, the MNT 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 pairing 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 overtimes 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. - 5 93- '719 ORANGE BOWL STADIUM TEL:305-643-7115 Nov 08,93 9:30 N0.001 P.07 23. rl,eaa--up and llismantle t 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 USEi effects immediately after each EVENT has ended, and shall be completed no later than twenty-four hours after each EVENT. 24. 1!14 2ment and R=oval of SER Ef f ect.e: 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 right 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 USPRt or the CITY may charget storage, at the same rate stated in Paragraph 4 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, 25. CojcagpLu Rights,- z.t is understood that concession Frights for all events at the FACILITY belong to the CITY. 26. $arkiag% It is understood that all parking revenue belongs to the CITY. 27. 7nrla=A f LC_.at1Qn,- 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. 93- 719 - 6 - ORANGE BOWL STADIUM TEL:305-643-7115 Nov 08,93 9:30 W0.001 P.03 28. Risk 9f La s63 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 FACILITY is under the control of and occupied by the USER. All personal property placed or moved on the subject FACILITY shall be at the risk of USER or the Qwnesr 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 t1is­ FACILITY during the USE PERIODS, including setup and dismantle times and, in particular, during those hours of each USE PERIOD when the FACILITY is not open to the general public. 29. Inuran el Liability Insurance ,is required of USER and is to be cleared through the office of the CITY'ts Risk Management Division, Insurance Coordinator, Dupont Plaza, 300 Biscayne Way, Suite 328, MiarAi, F1 33131, 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 aifd 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 i insurance policies and a certificate of same. 30. Q9 Au; t P"visj,gn: 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 .opti.on, upon written notiv,e 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 containe+d, shall be forthwith retained by CITY. 31. 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 parson: 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. . 7 - 93- 719 ORRNGE BOWL S1'ADIUM ow TEL:305-643-7115 Nov 08 , 93 9 : 30 Pao . 001 P . 09 32. BinSAina Agree 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. 33. NL ndc,� isc.ri ni 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. 34. Intgat of areggent: The parties intend that this document shall be a License Agreement and that no leasehold interest is conferred upon the USER. 35. Curt CDStS and AttorneysFees.. 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 arbi�ration arising from this Agreement shall be located within Dade County, Florida, 36. NgR,g.sigammentt This Agreement may not be transferred or assigned by the USER without the express written consent of the CITY. 37. EptrQ ,Aars�ame; , This instrument and its attachments constitute the sole and only Agreement of the parties hereto relating to the use of the FACILITY and correctly seta forth the rights, duties, and obligations of each to each other says if its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 36. Amgndmantss 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, 93— '719 ORANGE HOWL STADI(1M ATTEST: 1'EL 305-643-7115 Nov 08,93 9:33 N0.001 P.10 Mat:ty Hirai, City Clerk Corporate Secretary APPROVED AS'TO INSURANCE: CITY: THE CITY OF MIAMIt ai municipal corporation of the* - State of Flor,idai Cesar H., Odio, City Manager USER: SOUTH FLORIDA MITTAN- AMERICAN SOCCER LEAGUE., a Florida for profit corporation (signature) (pr nt name) (title) (SEAL) APPROVED AS TO FORM AND CORRECTNESS t Su)an S. Ch abra A. Quinn Jones, III Risk Managerment; Division City Attorney APPROVED AS TO DEPARTMENTAL REQUIREMENTS: any Pad e , 61rector Department of Conferences, Conventions and Public Pacili.ties w 9 - 93- '719 ORANGE BOWL STADIUM TEL:305-643-7115 Nov 08,93 9:33 No.001 P.11 1 \ 'WHEREAS, the Board of Directors of aC21IT_; L•ORIDA U&JTA N- WEgICN SCE T,EA= desires to enter into are agreement with the CITY of Miami for use of the BOBBY MADURD MIAMI BASEBALL ...', STADIUM; and WHEREAS, the Board of Directors of SQUT11 rL RTD H_aTm�rm�t.. "ERISA_gQCCER. LEAGUE has examined terms, conditions and obligations of the proposed Agreement with the CITY for said use; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the By -Laws of the corporation, , NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS of 00TH UOMA,IM TI H-AMEEI AN SOQQER L►E E., that the President ( ) or Vice-preaident,( ) or Secretary( ) (please check one) is hereby authorized and instructed to enter into a contract in the name of and can behalf of this corporation with the CITY of Miami for the use of the BOBBY MADURS MI,AMI BASEBALL STADIUM in accordance with the contract documents furnlshed by the CITY of Miami, and for the pr.ioe and upon the terms and payments' contained in the proposed contract submitted by the 'CITY of., Miami. - 10 - �1U�#xecx�a«ea� 93- '719 ORANGE BOWL STADIUM TEL,305-643-7115 Nov OS , 93 9 ; 34 Na . 001 P .12 9 IN WITNESS WHEREOF, this day of CRAXR14", Board of Directors 13y— . � Si.gnatuze) • Print or Type Name Attests (SEAL) Corporate Secre'ary Signature Print or -Type Name i EXHIBIT 1 , i i F 93- '719 .. .... .'III ' _� tY'•F•t.' FLORID; - INTER -OFFICE MEMORANDUM CA=2*1 TO Honorable Mayor and Members DATE � � • �1993 of the City Commission SUBJECT FROM Ces r H . Od4o REFERENCES City Manager ENCLOSURES. Resolution to set Use Fee for South Florida Haitian -American Soccer League It is respectfully recommended that the City Commission adopt the attached proposed resolution authorizing the application of a Special Use Fee at the Bobby Maduro Miami Baseball Stadium for the South Florida Haitian -American Soccer League which will conduct approximately thirty (30) amateur soccer games for the period of November 1, 1993 through June 30, 1994. The resolution would also permit the City Manager to execute a use agreement with this organization. The Department of Conferences, Conventions and Public Facilities has prepared the attached resolution. The South Florida Haitian - American Soccer League wishes to use the Bobby Maduro Miami Baseball Stadium for approximately thirty (30) amateur soccer games. Like the Central American Soccer League, which holds amateur soccer games at the stadium, the South Florida Haitian- American Soccer League has requested special consideration concerning the stadium use fee. They have offered to pay a flat use fee of $250 per game, plus a $0.50 ticket surcharge and all City expenses including stadium personnel, police and cleanup. A breakdown of these expenses, and potential City revenue, is given below. Expenses* Paid to City by League: (per game) Stadium Staff Clean up $100 100 Per game Total $200 * Police and Fire Expenses not available at this writing. C-421-1 93- 719 Honorable Mayor and Members of the City Commission Use Fee for South Florida Haitian -American Soccer League page 2 City Revenue Rent (flat) $250 Surcharge ($0.50 x 480 240 Total $490 x 30 = $14,700 Based on the above, particularly potential revenues, we recommend adoption of the attached legislation to allow such use by the South Florida Haitian -American Soccer League 2,.e 93- 719