HomeMy WebLinkAboutR-93-0722J-93-838
11/5/93
RESOLUTION NO.
93- 722
A RESOLUTION, WITH ATTACHMENT, ESTABLISHING
SPECIAL CHARGES, TERMS AND CONDITIONS FOR THE
USE OF THE BOBBY MADURO MIAMI BASEBALL
STADIUM BY FEDERACION DE PELOTEROS CUBANOS EN
EL EXILIO FOR THE PRESENTATION OF AN OLD
TIMERS BASEBALL GAME ON DECEMBER 12, 1993;
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, BETWEEN THE CITY OF MIAMI AND SAID
ORGANIZATION FOR THIS PURPOSE; 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 Conferences, Conventions, and
Public Facilities is responsible for the operation of the Miami
Baseball Stadium and seeks to secure the presentation of various
sporting and other events at said facility; and
WHEREAS, Federation de Peloteros Cubanos en el exilic wishes
to conduct its Old Timers Baseball Game on December 12, 1993; and
WHEREAS, said event is held yearly and is expected to
attract over 5,000 attendees; and
WHEREAS, the Director of Conferences, Conventions and Public
Facilities and the City Manager have determined that a waiver of
the use fee is appropriate for the event; and
WHEREAS, said organization will collect and pay to the City
all applicable surcharges and will cover stadium personnel and
operating expenses for the event; and
CITY COMMSSIOX
NEETLNG OF
NOV 2 3 1993
Resolution No.
93- 722
WHEREAS, the Department of Conferences, Conventions and
Public Facilities has prepared an agreement for the City
Manager's signature which delineates the various charges, terms
and conditions for said use; and
WHEREAS, the modified charges, terms, and conditions of the
proposed use will not have an adverse affect on the revenues of
said facility but will assist in securing significant additional
revenues to the City in the form of added surcharge, and
concession revenue; 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;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
i
Preamble to this Resolution are hereby adopted by reference
i
j 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 Federaoion de Peloteros Cubanos en el
exilic are hereby established for said organization's
presentation of an Old Timers Baseball game on December 12, 1993.
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93- 722
Section 3. The City Manager is hereby authorized to
execute an agreement, in substantially the attached form, between
the City of Miami and the Federacion de Peloteros Cubanos en el
exilic.
Section 4. The herein authorizations are hereby
conditioned upon the organizers obtaining insurance to protect
the City in the amount as prescribed by the City Manager or his
designee.
Section 8. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 23rd day of November 1993.
qk#.4
STEPH N P. CLARK MAYOR
AT S
MA Y HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
&4L'0'��
CARMEN L. LEO
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A . ' QUIRK JO III
CITY ATTORN
CLL:osk:M3 13
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93- 722
NOV- 4-'93 THU i 5 23 AGENDA OFF I CE P . 04
BOBBY MADURO MIAMI BASEDAI.L
ST.AD I UM
USE AGREEMENT
BETWEEN THE CITY OF MIAMI, FLORIDA
AND FEDERACION DE PELOTEROS CUBANOS EN EL EXILIO
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 FEDERACION DE PELO'T.'EROS CUSANOS EN EL EXILIO, a
nonprofit corporation, with its office located at 1001 Ponce de
Leon Blvd, Coral Gables,, Florida 33134 telephone number (305)
446-3900, hereinafter referred to as the "USER."
R E C Y T A. L:
in consideration of the covenants and agreements hereinafter
set forth, the CITY does hereby grant unto the USER the privilege
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 a Cuban Old Timers baseball game,
hereinafter referred to as the "EVENT," and for no other purpose
whatsoever.
1. USE,.PERIOD: Said use for the EVENT shall be permitted for
the period commencing at 1:00 pm on Sunday, December 12,
1993 and terminating at 5:00 pm. on that same day, not
including•set up and dismantle times. The above hours of
use shall hereinafter be referred to as the "USE PERIOD."
Set up and dismantle times, shall hereinafter be referred
to as the "USE PERIOD."
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93- '722
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NOV- 4- 93 THU is : 2Z AGEMD fa O FF I Ce P . 005
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2. ,Belinguisl=its 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 seventy-two (72) hours notice of said special event
and the requirement to relinquish. CITY shall attempt to
provide an alternate CITY' facility or alternate date within
the USE PERIOD to accommodate USER's EVENT on such
conflicting date(s),
3. use, Ego. Pursuant to Resolution No. _, adopted by
the City Commission on — t e use fee for the
EVENT shall be waived. Said use may be subject to any
additional conditions imposed by the CITY.
4. Jerminat+ on_ .. of Agreements USER shall have the right to
terminate this agreement upon thirty (30) days written
notice to CITY. USER shall be required to pay the expenses
for the approved EVENT date of the USE PERIOD, unless
thirty (30) days prior notice of termination by USER is
given to DIRECTOR or designee.
5. Surcharge. Based upon an victual 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 based on the admission
price as follows:
$1.00 to $5.00 $0.50
$.5.01 to $15.00 $0.75
$15.+01 or Over $1.00
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 City Code
provisions and the terms of this Agreement.
6. payment for Additional Servicea: 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 the EVENT.
7, Ua_m__age Repairs MISER ,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.
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NOV- 4-9zs 'TI-AU 15 c 24 AGENDA TOFF I CE P _ 02S
8. Demand 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.
9. Forfeit for Cancelliltion: All advanced sums, or advanced
payments for services shall be forfeited if, through the
fault of the USER, the EVENT is not held on the date and
time contracted.
10. Kudit R.ighte.L
a. CITY reserves the right to audit the records of USER
at any time during the term of this Agreement and
for a period of three years after the final payment
is made tinder 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.
11. Gate—.DpenipQ and Timm—o P .Q . ance: Gates are to be
opened at least two hours prior to the start of. the EVENT.
All advertising shall indicate the gate opening time. The
CITY reserves the right to open gates or adjust gate
opening time as it deems appropriate.
12. �Prghibited 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 Gans, bottles, glass containers,
fireworks, weapons or other objects that may be used as
missiles, are allowed in the FACILITY.
13. C2ndition 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 EVENT.
USER agrees to accept said FACILITY in an "as is,, condition
at the start of the USE PERIOD.
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14. Utili iea, items Fura,ahed 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.
15. ResttL=iQa for plavjna -riel-t 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.
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 und@rst.ands said rules and regulations, and that by
the execution of this Agreement, USER cortifies 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 d¢scretion of the CITY Manager or his designated
representative.
18. Ei2h_t of Entry: The CITY reserves the right to enter upon
the FACILITY at any time during the USE PERIOD as it deems
necessary.
19. h�',F,NT, . taf f and SuRpl ies Furnished„ byUSERt. USER shall
furnish, at its sole cost and expenser ticket sell.era,
ticket takers, and ushers. USER shall consult with the
DIRECTOR or designee to ensure that staffing levels for
such personnels are adequate to handle attending crowds.
USER shall also furnish, at its sole cost and expense, all
game officials and gamefield personnel, and supplies and
consumable goods for the sidelines areas, locker rooms,
game officials' roomy including without limitation, icer
soft drinks, towels and soap.
20. EVENT Personnels if EVENT personnel staffing is required
by the USER, the DIRECTOR or designee will provide USER
with a list of event personnel familiar witri the FACILITY,
including without limitation, EVENT Supervisor, office
attendants, facility operations workers, electricians,
sound technicians, groundakeepers 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.
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21. Unipn-Requir ments: 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 agre$ment,
written or oral, affecting all relevant personnel or
services used in connection with the EVENT and shall assist
USER in complying with such agreements.
22. Elacemeat and removal Qf USER s• USER will be
responsible to 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.
23. EJXg__5a y_; USER shall provide a diagram of the proposed
EVENT layout to the office of Fire Prevention, 275 N.W. 2nd
Street, Miami, Flo and obtain permits required by the Code
of the CITY of Miami, ,relative to fire safety.
24. Indemnilication: 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 CIT'Y'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.
25. Bak of Loss s 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. ;�11 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.
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FJi7 - ,4 -a3 iHu 1 g �� AGENDA OPF I CE P.09
26. IagranC&L Liability Insurance is required of USER and is
to be cleared through the office of the CITY's•.'Risk
Management Division, Dupont Plaza, 300 Biscayne Way, Suite
328, Miami, Fl, 33131, telephone 579-6059. The insurance
policy must be endorsed to name the CITY as an additional
insured. No qualification of the additional insured
provision is permitted. The limits and types of liability
coverage, and the company affording coverage must be
acceptable to the CITY in terms of Management
Classificatlon and Financial Category ratings as stipulated
by the latest issue of Sest's Key Rating Code. The City is
to be provided with a copy of such insurance policies and a
certificate of game.
27. Clean-up and Dismantle:
a. USER agrees to clean up the FACILITY after each EVENT
day has ended. If the FACILITY is not properly cleaned,
the CITY has the right to order the cleaning of the site
and oharge the USER for the cleaning.
b. USER agrees to tear down and remove all USER effects
immediately after the last EVENT day has ended, and shall
be completed within twenty-four (24) hours.
C. USER is responsible for daily cleanliness of area and
for regular trash and garbage removal from the general
areas of the FACILITY to the site(s) designated for USER's
trash containers. CITY agrees to provide trash containers
on site during the USE PERIOD.
28. Sacurftyu Security and Police requirements shall be
determined by the DIRECTOR or designee upon consultation
with the USER and with the CITY's ]police off -Duty Office,
if required. Security and/or Police shall be paid directly
be USER.'
29. i, Rights: it is understood that concession rights
for all events at the rACILITY belong to the CITY.
30. R$ Xin" It is understood that all parking revenue belongs
to the CITY.
31. Binding —_Agreements All terms and, conditions of this
written Agreement shall be binding upon the parties, heirs
and assigns, and cannot be varied or waived by any oral
representation or promise of any agent of the parties
hereto or other person unless the same be in writing and
mutually signed by the duly authorized agent or agents
executing this Agreement.
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NOV- 4--9Z THU 1 5 : 26 AGENDA OFF I GE. P.10
32. Intent oA=ement: The parties intend that this document
shall be a License Agreement and that no leasehold interest
is conferred upon the TISER.
33. C,Qurt Costs and Att meya Fees: If it becomes necessary
for the CITY to institute proceedings to collect any monies
due it by USSR, USER agrees to pay any and all court costs,
reasonable attorneys 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. NoOdiscrimjM.ion: 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-.
35. Nonassi.gliment: This Agreement may not be transferred or
assigned by the USER without the express written consent of
the CITY.
36. Default. 12rovi_sj„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 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.
37. Assurances:, Each party represents to the other that it has
the power to enter into this Agreement and to grantand
accept the license herein granted and accepted, as the ease
may be, and that the consent of no other person or entity
(governmental or otherwise) is requLred 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.
38. Ent,irg_ Agreement_: This instrument and its attachments
constitute the sale and only Agreement of the parties
hereto relating to the use of the FACILITY and correctly
sets forth the rights, duties, and obligations 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.
39. AmendmQatss No amendments to this Agreement shall be
binding on either- party unless in writing and signed by
both parties.
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NOV- 4-93 THU 1', :.^_? AGEND(A GIFT' ICE
P 1 1
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 Cleric:
ATTEST:
Corporate Secretary
APPROVED AS TO INSI;RANCE.
Su jan S. Ch Sabra, Director
Risk Management Department
CITY: THE CITY OF MIAMI, a
municipal corporation of
the State of Florida:
Cesar H. Odio, City manager
USER: PEDERACION DE
PELOTEROS CUEANOS EN EL
EXILIO, a, Florida nonprofit
corporation
signature)
(print name)
• APPROVED AS TO FORM AND
CORRECTNESS%
A. Quinn Jones, III
City Attorney
APPROWD AS TO DEPARTMENTAL REQUIREMENTS:
Tarry Pajares, Uxrectar
Department of Conferences,
Conventions and Public Facilities
93- '722
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CA,=24
CITY OF MIAMI FLORIDA
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and Members DATE . NOV 0 81993 FILE
of L41 C' Commission
C SUBJECT Resolution waiving User
6 Fees at the Bobby Maduro
Miami Baseball Stadium
Cesa H. Odic
FROM City Manager REFERENCES
ENCLOSURES
It is respectfully recommended that the City Commission adopt the
attached proposed resolution establishing special charges, terms
and conditions for the use of the Bobby Maduro Miami Baseball
Stadium by Federacion de Peloteros Cubanos en el exilic for the
presentation of its Old Timers Baseball game on December 12,
1993. The legislation would also authorize the City Manager to
execute an agreement with this organization for this purpose.
The Department of Conferences, Conventions and Public Facilities
has prepared the attached legislation. Federacion de Peloteros
Cubanos en el exilio has asked to use the Bobby Maduro Miami
Baseball Stadium for their Old Timers Baseball Game on December
12, 1993. This is a yearly community event and because of the
nature, the organization has requested a waiver of the use fee.
They have offered to pay the ticket surcharge, employee expenses
plus operating expenses for the event.
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11AD4... �
FEDERACION DE PELOTEROS CUBANOS
REVENUE/EXPENSES PROJECTIONS
MIAMI BASEBALL STADIUM
DECEMBER 12, 1993
Attendance: 5,000 (average)
Use Fee: Waived
Surcharge: $0.50
Concessions: $0.50 per cap
REVENUES
Surcharge
Concessions
TOTAL
EXPENSES
Paid by Promoter
NET REVENUE
n
2,500
1,050
$ 3,550
$ 3,550
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