HomeMy WebLinkAboutR-92-0013J-92-40
12/10/91
RESOLUTION NO..1 2
A RESOLUTION, WITH ATTACHMENTS, ESTABLISHING
SPECIAL CHARGES FOR THE USE OF THE BOBBY
MADURO MIAMI BASEBALL STADIUM BY RELAX BARBER
SHOP, INC. FOR THE SAID ORGANIZATION'S
PRESENTATION OF TWO OR THREE MUSICAL BANDS,
HAITIAN FOLKLORE DANCES AND SOCCER GAMES IN
HONOR OF MARTIN LUTHER KING'S BIRTHDAY ON
JANUARY 19, 1992; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE
CITY OF MIAMI AND SAID ORGANIZATION FOR THIS
PURPOSE; 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 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, .the Relax Barber Shop, Inc. wishes to conduct a
Haitian Cultural Extravaganza with musical bands, folklore dances
and soccer games in honor of Martin Luther King's Birthday on
January 19, 1992 at said facility; and
WHEREAS, the Director of the Department of Conferences,
Conventions, and Public Facilities has determined that a special
"flat" use charge of $250 for the day will not adversely affect
the revenue operation at said facility; and
WHEREAS, said organizations have agreed
CITY C0D1MbZ1vc4
MfII+IG OF. ,"
JAN 9 1992
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IMOT108 as.
operational expenses for the day and will assess a surcharge of
fifty cents ($0.50) per paid admission for the day in accordance
with Ordinance No. 10439, as amended; 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 for the use of
said stadium;
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NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
F 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 as set forth in the
attached agreement- for the use of the Bobby Maduro Miami
Baseball Stadium by Relax Barber Shop, Inc. are hereby
established for said organization's presentation of musical
bands, folklore dances and soccer games in hoi.or of Martin Luther
King's Birthday on January 19, 1992.
Section 3. The City Manager is hereby authorized to
execute use agreement.1/ , in substantially the attached form,
between the City of Miami and Relax Barber Shop, Inc.
S The herein authorization is further subject to compliance with
all requirements that may be imposed by the City Attorney,
r including but not limited to those prescribed by applicable City
= Charter and Code provisions.
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Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 9th day of Jantry , 1992.
i
AT T S
MATTY HIRAI, CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
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CITY ATT OEY
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0
BOIW MADURO MIAMI STADIUM
H
USE AGREEMENT
BETWEEN THE CITY OF MIAMI FLORIDA AND
RELAX BARBER SHOP, INC.
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 RELAX BARBER SHOP, INC., a non-profit Florida
corporation with its principal office located at 201 NE 82nd
Street, Miami, FL 33138, telephone number (305) 758-3506,
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
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 Haitian Cultural Extravaganza,
hereinafter referred to'as the "EVENT", and fir no other purpose
whatsoever.
1. Use Period: Said use for the EVENT shall be permitted on
Sunday, January 19, 1992 and terminating on that same day.
The above hours of use shall hereinafter be referred to as
the "USE PERIOD."
2. elinguishment: 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.
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3.
Use Fee: USER agrees to pay the CITY for the use of said
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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, plus 6% State of
'
Florida use tax, shall apply.
4.
Payment: The USE FEE and applicable taxes for the EVENT
shall be due at the time of the signing of this agreement by
USER or ten (10) days prior to the USE PERIOD, whichever is
sooner.
5.
Payment for Additional ServicesL USER shall pay to the
CITY, on demand, such sum or sums as may be due to said CITY
for additional services, accommodations or materials
furnished to said USER for the EVENT.
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6.
pamage ReRair: 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.
7.
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.
8.
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 based on the admission price as follows:
Price Admigsion
of Surcharge
$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 revenue as a separate 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.
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9. 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 surcharge, field lighting, cleanup, and
personnel expenses, shall be paid as soon as possible after
the conclusion of each EVENT.
10. Forfeit for Cancellation: All advanced sums, or advanced
payments for services shall be forfeited if, through the
fault of the USER, the EVENT is not held during the USE
PERIOD.
11. Audit Rights
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
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.
12. 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 missies, are allowed in
the FACILITY.
13. 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
accept said FACILITY in an "as
each 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
of the EVENTS. USER agrees to
is" condition at the start of
14. 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.
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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 Entry: The CITY reserves the right to enter upon
the FACILITY at any time during the USE PERIOD as it deems
necessary.
19. 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 gamefield personnel, and all supplies and
consumable goods for the sideline areas, locker rooms, game
officials' room, including without limitation, ice, soft
drinks, towels, and soap.
20. EVENT Personnel: 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
j attendants, facility operations workers, electricians, sound
technicians, groundskeepers 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 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.
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21. 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.
22. Fire Safety: 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 Marshal and approved by the DIRECTOR
or designee. The USER shall be responsible for the payment
of Fire Department services.
23. 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 designated Police
and security services upon the conclusion of each
EVENT.
b. If during the course of the EVENTS, 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 Idditional 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.
24. 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
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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.
25. 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 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 USER,
or the CITY may charge 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.
26. Concession Rights: It is understood that concession rights
for all events at the FACILITY belong to the CITY.
27. Parking: It is understood that all parking revenue belongs
to the CITY.
28. 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 employLies; 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.
29. 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 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 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
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.
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30. Insurance: Liability Insurance is required of USER and is
}� to be cleared through the office of the CITY's Risk
Management Division, Insurance Coordinator, 174 E. Flagler
�( Street, Miami, Florida, 33131, telephone 372-4515. The
1 insurance policy must be endorsed to name the CITY as an
additional insured. No qualification of the additional
f insured provision is permitted. The company affording
l coverage and the types and limits of liability must be
i acceptable to the CITY in terms of Management Classification
j and Financial Category ratings as stipulated by the latest
issue of Best's Key Rating Code. The CITY is to be provided
j with a copy of such insurance policies and a certificate of
+jl same.
31. Default Provisions 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.
32. 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
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.
33. Binding Agreement: All terms and conditions of this written
Agreement. shall be binding upon the 1�arties, 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.
34. 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.
35. Intent of Agreement: The parties intend that this document
shall be a License Agreement and that no leasehold interest
is conferred upon the USER.
36. Court Costs and Attorneys' Fees: If it becomes necessary
for the CITY to institute proceedings to collect any monies
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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.
37. Nonassignment: This Agreement may not be transferred or
assigned by the USER without the express written consent of
the CITY.
38. 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.
39. Amendments: 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.
ATTEST:
Matty Hirai, City Clerk
CITY: THE CITY OF MIAMI, a
municipal corporation of the
State of Florida:
ti
Cesar H. Odio, City Manager
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USER: RELAX BARBER SHOP,
INC., a Florida non-profit
corporation
{ Corporate Secretary (signature)
(print name)
(title)
1 (SEAL)
APPROVED AS TO INSURANCE: APPROVED AS TO FORM AND
CORRECTNESS:
Segundo Perez A. Quinn Jones, III
Insurance Coordinator City Attorney
APPROVED AS TO DEPARTMENTAL REQUIREMENTS:
Tony Pajares, Director
Department of Conferences,
Conventions and Public Facilities
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WHEREAS, the Board of Directors of RELU BARBER SHOP, INC.
desires to enter into an agreement with the CITY of Miami for use
of the BOBBY MADURO MIAMI BASEBALL STADIUM; and
WHEREAS, the Board of Directors of RELAX BARBER SHOP. INC.
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
RELAX BARBER SHOP, INC. that the President ( ) or Vice-
president( ) or Secretary( ) (please check one) is hereby
authorized and instructed to enter into a contract in the name of
and on behalf of this corporation with the CITY of Miami for the
use of the BOBBY MADURO MIAMI BASEBALL STADIUM in accordance with
the contract documents furnished by the CITY of Miami, and for
the price and upon the terms and payments contained in the
proposed contract submitted by the CITY of Miami.
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IN WITNESS WHEREOF, this
Attest:
Corporate Secretary Signature
Print or Type Name
day of
, 19
CHAIRMAN, Board of Directors
By
(Signature)
Print or Type Name
(SEAL)
EXHIBIT 1
1
92- 13
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
CA=13
TO : DATE FILE
Honorable Mayor and Members December 5, 1991
of the City Commission SUBJECT
Resolution For Haitian
Cultural Extravaganza
FROM : Cesar H . Odio d REFERENCES.
City Manager
ENCLOSURES:
110:10100YAW�' •\
It is respectfully recommended that the City Commission adopt the
attached resolution establishing special charges for the use of
the Bobby Maduro Miami Baseball Stadium by Relax Barber Shop,
Inc, for the presentation of a Haitian Cultural Extravaganza
consisting of two or three musical bands, Haitian Folklore dances
and soccer games in honor of Martin Luther King's birthday on
January 19, 1992 and authorizing the City Manager to execute a
use agreement for this purpose.
The Department of Conferences, Conventions and Public Facilities
has prepared the attached legislation. Ths above referenced
organization has requested the use of the Bobby Maduro Miami
Baseball Stadium. Attendance is projected to be 4,000. The
organization has requested special consideration concerning the
stadium use fee.
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Attendance:
Use Fee:
Surcharge:
Lights:
RELAX BARBER SHOP, INC.
REVENUE/EXPENSE PROJECTIONS
MIAMI BASEBALL STADIUM
JANUARY 19, 1992
4,000
$250.00 flat use fee
$0.50
$150.00 per hour
REYENUES
Use Fee $ 250.00
Surcharge 2,000.00
Lights ($150 x 4 hours) 600.00
TOTAL $2,850.00
EXPENSES
Parking Personnel _0_
NET REVENUE $2,850.00