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HomeMy WebLinkAboutR-92-0352CITY COMMISSION MEETING OF, J-92-365 5/28/92 RESOLUTION NO. 9 • 352 A RESOLUTION, WITH ATTACHMENT, ESTABLISHING SPECIAL CHARGES, TERMS, AND CONDITIONS FOR THE USE OF THE MIAMI MARINE STADIUM IN SUPPORT OF THE "POPS BY THE BAY" SERIES TO BE PRESENTED BY THE PHILHARMONIC ORCHESTRA OF FLORIDA, INC., AND THE MIAMI HERALD LEND -A - HAND FUND AS COSPONSORS, TO BE HELD AT SAID STADIUM ON JULY 4, 11 AND 18, 1992; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WHICH SHALL CONTAIN PROVISIONS FOR SAID SPONSORS' PAYMENT OF ALL PERSONNEL EXPENSES, INCLUDING POLICE, CLEANUP, AND APPLICABLE SURCHARGES, SUBJECT TO SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. WHEREAS, for the past several years the City of Miami has provided financial and other support for the "Pops by the Bay" concert series; and WHEREAS, last year, the.City established special charges, terms, and conditions for said concert series by adoption of Resolution No. 91-415 on June 20, 1991; and WHEREAS, said concert series will be conducted again at the Miami Marine Stadium on July 4, 11 and 18, 1992; and WHEREAS, in lieu of direct financial aid, the City again wishes to establish special charges, terms, and conditions for the 1992 concert series; and ATTACHMENT(S) CON TA IN ED J-92-365 5/28/92 RESOLUTION NO. 9 2 -• 352 A RESOLUTION, WITH ATTACHMENT, ESTABLISHING SPECIAL CHARGES, TERMS, AND CONDITIONS FOR THE USE OF THE MIAMI MARINE STADIUM IN SUPPORT OF THE "POPS BY THE BAY" SERIES TO BE PRESENTED BY THE PHILHARMONIC ORCHESTRA OF FLORIDA, INC., AND THE MIAMI HERALD LEND -A- HAND FUND AS COSPONSORS, TO BE HELD AT SAID STADIUM ON JULY 4, 11 AND 18, 1992; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WHICH SHALL CONTAIN PROVISIONS FOR SAID SPONSORS' PAYMENT OF ALL PERSONNEL EXPENSES, INCLUDING POLICE, CLEANUP, AND APPLICABLE SURCHARGES, SUBJECT TO SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. WHEREAS, for the past several years the City of Miami has provided financial and other support for the "Pops by the Bay" concert series; and WHEREAS, last year, the. City established special charges, terms, and conditions for said concert series by adoption of Resolution No. 91-415 on June 20, 1991; and WHEREAS, said concert series will be conducted again at the Miami Marine Stadium on July 4, 11 and 18, 1992; and WHEREAS, in lieu of direct financial aid, the City again wishes to establish special charges, terms, and conditions for the 1992 concert series; and ATTACHMENT (S) CONTAINED CITY CONIIESSION MEETING OF, MAY 2 8 1992 Resolution No. 92- 352 I WHEREAS, it is recommended that the use fee be waived for the concert series, but that said sponsors pay all personnel expenses, including police, cleanup, and applicable ticket surcharges required in accordance with Ordinance No. 10439, as amended; and WHEREAS, said sponsors shall not be limited in the distribution of complimentary tickets for promotion of the concert series; and WHEREAS, Section 53-118 (c)(5) 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 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 set forth in the attached agreement are hereby established for the use of the Miami Marine Stadium in support of the "Pops by the Bay" concert series to be presented by the Philharmonic Orchestra of Florida, Inc., and the Miami Herald Lend -A -Hand Fund, to be held on July 4, 11 and 18, 1992. Section 3. The City Manager is hereby authorized!/ to execute the attached agreement, in substantially the attached form, between the City of Miami and the Philharmonic Orchestra of Florida, Inc., which shall contain provisions for said sponsors payment of all personnel expenses, including police, cleanup, and applicable surcharges, subject to such conditions and limitations as may be prescribed by the City Manager or his designee. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 28th day AT ST MA TY HIRAI CITY CLERK PREPARED AND APPROVED BY: i, CARMEN L. LEO ASSISTANT CITY ATTORNEY CLL:ra:M3002 , 1992. XAVI SUAREZ, MAYOR APPROVED AS TO FORM AND CORRECTNESS: A Q N JOPS, -IT I CITY ATTO Y 1� 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. - 3 - 92.- 352 I USE AGREEMENT BETWEEN PHILHARMONIC ORCHESTRA OF FLORIDA, INC. CITY OF MIAMI, MARINE STADIUM THIS Agreement made and entered into this day of , 1992, by and between the CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter referred to as the "CITY" and FLORIDA PHILHARMONIC ORCHESTRA, INC., a Florida nor. -for -profit corporation, with its principal office located at 1430 North Federal Highway, Ft. Lauderdale, Florida 33304, telephone (305) 945-5180, 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 Miami Marine Stadium, hereinafter referred to as the "FACILITY", the said FACILITY to be entered upon or into for the purpose of presenting a symphony concert, hereinafter referred to as the "EVENT". 1. Use Period: Said use for the EVENTS shall be permitted for the periods commencing at StOO p.m. and terminating at or before 12:00 midnight on Saturday, July 4, 11, and 18, 1992, not including setup and dismantle times. Setup shall commence no earlier than 8:00 a.m. on the respective Saturday of each EVENT and dismantle shall begin immediately upon the conclusion of each EVENT and conclude within a twenty-four hour period, unless otherwise mandated by the Director of Conferences, Conventions and Public Facilities Department, hereinafter referred to as the "DIRECTOR", or designee. Tlhe above hours of use, including setup and dismantle times, shall hereinafter be referred to as the "USE PERIODS)". 2. Use Fee: Pursuant to Resolution No. 92_ 352___, adopted by the t- y Commission on Ma 28 , 1992, 'e e�—use�ee for the EVENT shall be waived. Said use may be subject to any additional conditions imposed by the CITY. 3. 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 of Admission Surcharge $ 1.00 to $ 5.00 $0.50 $ 5.01 to $15.00 $0.75 $15.01 and Over $1.00 1 0 wiLN 90uh.. %- REVIEW, PLE&A ch. ►• �a 92- 352 Season passes which permit patrons to attend multiple EVENTS shall be assessed a surcharge of $1.00 multiplied by the number of EVENTS to which its bearer is permitted admission. 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. 4. Payment for Additional Services: USER shall pay to the CITY, on -mod, such sum or sums as may be due to said CITY for additional services, accommodations or materials furnished to said USER for the EVENTS. 5. Dama� e� Repair: USER shall pay to the CITY the cost of any repair, rehabilitation, damage correction, replacement or restoratton of the FACILITY, or to defray any other unusual but reasonable expense borne by the CITY as a consequence of presentation of the EVENTS. 6. Demand for Payment: The CITY, through the DIRECTOR or designee, at its sole option and discretion, shall be entitled to demand full payment for any unpaid expenses Incurred through USER's use of the FACILITY at the close of the EVENTS. The DIRECTOR, or designee shall be entitled to collect all such funds due the CITY and the CITY shall be paid prior to payment of any other bills or sums of money owed by the USER to other parties. 7. Forfeit for Cancellation: All advanced sums, or advanced payments for sere cea shall be forfeited if, through the fault or action of the USER, the EVENTS are not. held during the USE PERIOD. S. Audit Rights: a. CITY reserves the right to audit the records of USER at any time during the performance of this Agreement and for a period of three years after the final payment is made under this Agreement. b. If so requested by CITY, USER shall submit to the DIRECTOR, or designee, 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. 5. CCom l�imentar Tickets: USER shall furnish to the DIRECTOR or designee one hundred (100) complimentary tickets for each EVENT for the purpose of promoting the CITY and the FACILITY for future events. USER shall not be limited as to the number of complimentary tickets it my distribute. USER agrees that said CITY complimentary tickets will be issued for the first tier of sections D, E and/or F, rows 1-16. 10. Gate Opening and Times of Performance: Gates are to be opened at least two hours prior to the atart of the EVENTS. 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. 11. Prohibited Items: USER agrees to include in its advertising that tt ea and cans cannot be brought into the FACILITY. 'rho CITY and USER will use best efforts to ensure that no cans, bottles, glass containers, fireworks, weapons or other objects that may be used as missiles, are allowed in the FACILITY. y9_ 352 12. Condition 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 PERIODS. 13. Utilities, Items Furnished by CITY: CITY agrees to furnish, at expense, except as may be otherwise provided herein, a -- tent for the barge, light for ordinary use, water for all _^ reasonable purposes, restroom supplies and nothing else. 14. 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. 15. 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. 16. Right of Entry: The CITY reserves the right to enter upon the FACILITY premises at any time during the USE PERIODS as it deems necessary. 17. CITY Staffing: If required in the estimation of the DIRECTOR, or designee, CITY will provide CITY personnel, including without limitation, office attendants, electricians, stadium assistants, groundskeepers, elevator operators and others necessary for the proper operation of the EVENT. USER a 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 the USER by the DIRECTOR or designee at least 72 hours prior to the USE PERIODS. If staging and/or other structures are to be erected after normal CITY working hours, USER shall additionally pay for the services of a groundsman who will be assigned for the required off -duty period. 18. Union Requirements: USER shall ensure compliance with all necessary union requirements (if applicable) in connection with the personnel and services engaged for presentation of the 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. 19. Fire Safety and Personnel: USER shall provide a diagram of the proposed EVE ayout to the office of Fire Prevention, 275 N.W. 2nd Street, Miami, Florida, and obtain fire 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. 92- 352 20. Police Security= a. The DIRECTOR, or designee, after full discussion with the USER as to the type of event and related activities, will contact the CITY's Police Department to ascertain the level of Police and/or other security staffing deemed necessary for 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 designated Police and security services upon the conclusion of each 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 additional officers in sufficient numbers to effectively control the situation. The USER will assume the responsibility of paying for the services of these additional officers. If such additional officers are already on duty, payment shall be made at their normal hourly rate of pay. If such additional officers are off - duty, payment shall be made at the overtime rate of one and one-half times the normal hourly rate. Total compensation to such off -duty officers shall be the greater of the following: four hours minimum compensation, or, compensation for the actual time devoted to the EVENT problem, including time spent booking prisoners and the like. 21. Clean-up and Dismantle: a. USER agrees to pay directly for the cleaning contractor to clean the FACILITY after the USE PERIOD has ended. If the FACILITY is not properly cleaned to the CITY's satisfaction, the CITY has the right to order additional cleaning of the FACILITY and to invoice the USER for such additional cleaning. The hauling of the trash from the FACILITY shall 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 the USE PERIOD has ended, which shall be completed no later than twenty-four hours after the conclusion of the EVENT. 22. Placement and Removal of USER Effects: USER will be responsible to install whatever lighting, staging, props, and/or structures are required for the conduct of the EVENT at USER's sole cost and expense. The CITY reserves that 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 rate of $1,000 per day, 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 USER PERIOD, unless otherwise permitted by the DIRECTOR or designee. 23. Concession Rights: It is understood that concession rights orb events at the FACILITY belong to an exclusive concessionaire. 24. Parking: a. The CITY shall furnish its normal and customary event parking facilities for public parking. The CITY will provide adequate personnel to man such parking facilities, at its own cost and expense. 4 92-- 352 AWL 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 thar 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 =- accordance with applicable CITY Code provisions. 25. Indemnification: The USER shall indemnify, defend 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 am to all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claims and the investigation thereof. 26. Risk of Loss: The CITY shall not be liable for any loss, injury or damage to any personal property or 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 and, to particular, during those hours of the USE PERIOD when the FACILITY is not open to the general public. 27. Insurance: Liability Insurance is required of USER and is to be cleared through the office of the CITY's Risk Management Division, 174 E. Flagler Street, Seventh Floor, Miami, Florida, telephone 372-4515. The insurance policy must be endorsed to name the CITY as an additional insured. No qualification of the additional insured provision is permitted. The company affording coverage and the types and limits of liability must be acceptable to the CITY in terms of Management Classification and Financial Category ratings as stipulated by the Latest issue of Beat's Key Rating Code. The CITY is to be provided with a copy of such insurance policies and a certificate of same. 28. Default Provision: In the event that USER shall fail to comply with---ea-c-h and every term and condition of this Agreement or fail& to perform any of the to rms 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. 29. Assurances: Each party represents to the other that it has Me 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. 92- 352 30. Binding Agreement: All terms and conditions of this written Agreement shall. be binding upon the parties, heirs and assigns, and cannot be varied or waived by any oral =- representation or promise of any agent of the parties hereto or other person unless the same be in Nriting and mutually signed by the duly authorized agent or agents executing this — Agreement. 31. Nondiscrimination: USER agrees that it shall not discriminate as to race, sex, color, creed, handicap or national origin in connection with its performance and/or any operation under this Agreement. 32. Intent of Agreement: The parties intend that this document shall e a b cense Agreement and that no leasehold interest Is conferred upon the USER. 33. Court Costs and At.t.orney's Fees: If it, becomes necessary for t e CITY to institute proceedings to collectany 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. The Agreement will be construed according to the laws of the State of Florida. Venue in any litigation or arbitration proceedings entered into as a result of this agreement shall be in the Courts of Dade County, Florida. 34. Nonaa.__si��n__me��nt: This Agreement may not be transferred or assigned by USER without the express written consent of the City Manager. 35. Entire Agreement: This instrument. and its attachments cons t Mute t. a ssoIs 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. 36. Signage: It. is unlawful to post any signs, banners and/or any other print advertisements on utility poles or public right of ways throughout city or county without the express written consent of the proper authorizing agency. USER agrees that he shall not under any circumstances permit anything (including, but not limited to, fence poets, nails, signs, banners, etc.) to be driven into or placed upon the parking lot surface, fences, planters, or any other surface of or around the FACILITY without the express written permission of the Director of Conferences, Conventions and Public Facilities or his designated representative. 37. Amendments: No amendments to this Agreement shall be binding on either —party unless in writing and signed by both parties. 38. The parties agree that this Agreement shall be construed and enforced according to the laws of the State of Florida and venue shall be in Dade County, Florida. 92-- 352 4W 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: CITYs THE CITY OF MIAMI, a municipal corporation of the State of Floridan MATTY HlRAI, CITY CLERK CESAR It. UUIO, CITY MANAGER USER: PHILARMONIC ORCHESTRA ATTEST: OF FLORIDA, INC., a not for profit State of Florida corporation CORPORATE SECRETARY PRESIDENT (SEAL) APPROVED AS TO INSURANCE REQUIREMENTS: SEGUNDO PEREZ, INSURANCE COORDINATOR APPROVED AS TO DEPARTMENTAL REQUIREMENTS: TONY PAJARES, DIRECTOR DEPT. OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES APPROVED AS TO FORM AND CORRECTNESS: A. QUINN JONES, III (! CITY ATTORNEY 7 4 99- 352 CORPORATE RESOLUTION -- WHEREAS, Philarmonic Orchestra of Florida, Inc., desires to enter into an Agreement with the City of Miami for use of the Miami Marine Stadium; -- WHEREAS, Philarmonic Orchestra of Florida, Inc. has examined - terms, conditions and obligations of the proposed contract with — the City of Miami. for use of the Miami Marine Stadium; and WHEREAS, the Board of Directors at a duly held corporate meeting have considered the matter in accordance with the by-laws of the corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF Philarmonic Orchestra of Florida, Inc. that the President and Corporate Secretary are 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 a Pops By the Bay 192 concert series 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. - IN WITNESS WHEREOF, this day of 1992. ATTEST• Philarmonic Orchestra - of Florida, Inc., a not _ for profit State of Florida Corporation Corporate Secretary Present (SEAL) 8 May 1, 1992 Cesar Odio City Manager City of Miami 3500 Pan Anerican Drive Miami, FL 33231 Dear Cesar: I have attached a letter requesting the City of Miami to continue sponsoring the Pops by the Bay Concert Series. We would appreciate your bringing it up at the next Commission Meeting, or if it is necessary that I appear before the Commission, I shall be happy to do so. Please let me know how we should proceed. Thanks for your support. Sincerely5C—rV--- VO-p- , Attachment 1 0o't ,tr ("Y_�1 /4� ;.id May 1, 1992 Cesar Odio City Manager City of Miami 3500 Pan American Drive Miami, FL 33133 Dear Mr. Odio: This year will mark the eighth year of the Pops by the Bay concert series at the Marine Stadium. We are requesting for the City of Miami Commission to please waive the fee for the renting of the Marine Stadium for the Pops by the Bay Concert Series. This fee amounts to $15,000 ($5,000 for each concert). The concerts will be held on the following dates: Saturday, July 4 - Florida Philharmonic Orchestra with Men's Chorus - Patriotic Salute with fireworks Saturday, July 11 - Vikki Carr Saturday, July 18 - Doc Severinsen As a continuing co-sponsor of Pops by the Bay you will enjoy the following benefits: 1) The City,of Miami will be listed as a co-sponsor in all publicity for the concert series. This includes over $100,000 in Herald advertising, $25,000 in radio advertising and over $25,000 in television advertising. 2) The City of Miami will be listed as a co-sponsor in the concert program for each Pops concert and be recognized on stage at each concert; 3) A banner with the City of Miami logo will be displayed at the Marine Stadium for all three concerts; and 4) The City of Miami will receive 150 free tickets (50 tickets for each Pops concert) 92- 352 3