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HomeMy WebLinkAboutR-92-0701t J+-92-755 09/29/92 Al RESOLUTION NO.9 2 - 1 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 13, 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, 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 F Public Facilities is responsible for the operation of the Miami 4 l Baseball Stadium and seeks to secure the presentation of various sporting and other events at said facility; and WHEREAS, Federacion de Peloteros Cubanos en el exilio wishes to conduct its Old Timers Baseball Game on December 13, 1992; and WHEREAS, said event is held yearly and is expected to µ 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 due to the condition of the stadium incurred by Hurricane Andrew; and IATTACHMENT (S)I CONTAINED crff ColemsI0n N=rmG OF NOV 12 1992 Awolulba No. 92- 701 y 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 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 I. 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 MaduroExMiami Baseball Stadium by Federacion de Peloteros Cubanos/ are hereby established for said organization's presentation of an Old Timers -2- 92- 701 A Baseball game on December 13, 1992. Section 3. The City Manager is hereby authorized to execute an agreement, in substantially the attached form, between the City of Miami and Federacion de Peloteros Cubanos on el exilio. 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 5. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this lath day of Nnv�weVer ,ni 1992. I ATTEST ,#1 .40, MATTY HIRAI, APPROVED AS TO -FORM AND CORRECTNESS: 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- 1*I BASEBALL STADIUM USE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA AND FEDERACION DE PELOTEROS CUBANOS EN EL EXILIO i= THIS AGREEMENT made and entered into this day of i 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 PELOTEROS CUBANOS EN EL" EXILIO, a I nonprofit corporation, with its office located at 1376 S.W. 4 St. Miami, F1 33135 telephone number (305) 599-2337, hereinafterit 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 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 p.m. on Sunday, December 13, 1992 and terminating at 5:00 p.m. 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." 'i 92- 701 I 2. Use Feet Pursuant to Resolution No. , adopted by the City Commission on , the use fee for the EVENT shall be waived. Said use may be subject to any additional conditions imposed by the CITY. 3. Surcharges 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: $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 assoon as possible after. the conclusion of the 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 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. 5. Damage Repair: 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. 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 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.. 7. 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 on the date and time contracted. 2 92- 701 8 . 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. 9. Gate Open jig and Time of Performance:- Gates are to be opened at least two hours prior to the start of the EVENT. All advertising shall indicate the gate opening time. The CITY reserves the right to. open gates or adjust gate opening time as it deems appropriate. 10. prohibited_ Items: USER agrees to include in its advertising that bottles and cans cannot be brought into z` 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 missiles, are allowed in the FACILITY. .f 11.• 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. 4 USER agrees to accept said•FACILITY'in an "as is" condition at the start of the USE PERIOD. 12. yt l t gs_ 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. 13. 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 4,All Grounds and Turf Manager for.the FACILITY.- - 3 - 92— 701 a� f� 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 a' representative. - 16. Right of Entry: The CITY reserves the right to enter upon the FACILITY at any time during the USE PERIOD as it deems necessary. 17. 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 supplies and consumable goods for the sidelines areas, locker rooms, game officials' room, including without limitation, ice, soft drinks, towels and soap. 18.. 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 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. - 4 - 92- 701 19. 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 j services used in connection with the EVENT and shall assist USER in complying with such agreements. 20. 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 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. ' 21. Fire Safety: USER shall provide a diagram of the proposed EVENT layout to the office of Fire Prevention, 275 N.W. 2nd 1 Street, Miami, F1, and obtain permits required by the Code of the CITY of Miami, relative to fire safety. 22. 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 Y against the CITY or the CITY's officials, agents and X; employees; the USER shall further indemnify CITY as to all costs, attorney's fees, expenses and liabilities incurred i� in the defense of any such claims and the investigation thereof. 23. 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 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.wheriever 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. - 5 - 8 2- 701 24. 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 579-6058. The insurance policy must be endorsed to name the CITY as an E 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 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 insurance policies and a certificate of same. 3 25. 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 charge the USER for the cleaning. j 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. 26. Security: 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, k, if required. Security and/or Police shall be paid directly be USER.. 27. Concession Rights: It is understood that concession rights for all events at the FACILITY belong to the CITY. 28. Binding Agreement: All terms and conditions of this written Agreement shall be binding. upon the parties, heirs and assigns, and cannot be varied or waived by any oral representation or promise of any' agent of the parties hereto or other person unless the same be in writing and mutually signed by the duly authorized agent or agents executing this -Agreement. 29. Intent of Agreement: The parties intend that this document shall be a License Agreement and that no leasehold interest is conferred upon the USER. 92- 701 30. Court Costs and Attorneys' Fees: If it becomes necessary for the CITY to institute proceedings to collect any monies due it by USER, USER agrees to pay any and all court costs, reasonable attorney's fees and other expenses incurred in the collection thereof. USER agrees that venue in any litigation and/or arbitration arising from this Agreement shall be located within Dade County, Florida. 31. 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. 32. Nonassignment: This Agreement may not be trarrsferred or assigned by the USER without the express written consent of the CITY. 33. Default Provision: 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. 34. 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. 35. 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 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. 36. AmendMents: No amendments to this Agreement shall be binding on either party unless in writing and signed by both p&rties. Al IN WITNESS WHEREOF, the parties hereto have individually and through their proper corporate officials executed this Agreement the day.and year first above written. 7 92- 701 ATTEST: Matty Hirai, City Clerk ATTEST: Corporate Secretary CITY: THE CITY OF MIAMI, a municipal corporation of the State of Florida: Cesar H. Odio, City Manager USER: FEDERACION DE PELOTEROS CUBANOS`EN EL EXILIO Florida nonprofit corporation (signature) (print name) (title) APPROVED AS TO INSURANCE: APPROVED AS TO FORM AND CORRECTNESS: Sujan S. Chhabra, Director. A. Quinn Jones, III Risk'Management Department City Attorney APPROVED AS TO DEPARTMENTAL REQUIREMENTS: Tony Pajares, Director Department of Conferences,. Conventions and Public -Facilities -s- TO: CITY OF MIAMI, FLORIDA CAm14 INTER -OFFICE MEMORANDUM DATE FILE Honorable Mayor and Members of the City Commission SUBJECT : r `' ig92 Resolution waiving user fees for Federacion de Peloteros Cubanos en el FROM : REFERENCES exilio at Bobby Maduro Miami Baseball Stadium Cesar H. Odio ENCLOSURES: City Manager RECOMMENDATIONS It is respectfully recommended that the City Commission adopt the attached resolution 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 its Old Timers Baseball game on December 13, 1992. The legislation would also authorize the City Manager to execute an .agreement with this organization for this purpose. BACKGROUNDt The Department of Conferences, Conventions and Public Facilities has prepared the attached legislation. Federacion de Peloteros Cubanos has asked to use the Bobby Maduro Miami Baseball Stadium 3 for their Old Timers Baseball game on December 13, 1992. Due to the condition of the stadium because of Hurricane Andrew, the organization has requested a waiver of the use fee. 3' They have offered to pay the ticket surcharge, plus personnel and operating expenses for. the event.. I 1 92- 701 3 FEDERACION DE PELOTEROS CUSANOS REVENUE/EXPENSE PROJECTIONS MIAMI BASEBALL STADIUM DECEMBER 13, 1992 Attendances 5,000 (average) Use Fees waived Surcharges $0.50 Concessions: $0.50 per cap REVENUES Surcharge Concessions TOTAL FJX=UNSES Paid by Promoter NET REVENUE 2,500 1,050 $ 3,550 $ 3,550