HomeMy WebLinkAboutR-91-0113J-91-81
2 /4 /91
RESOLUTION NO. 91- 113
A RESOLUTION, WITH ATTACHMENT, ESTABLISHING
SPECIAL CHARGES FOR THE USE OF THE BOBBY
MAUURO MIAMI BASEBALL STADIUM BY CENTRAL
AMERICAN SOCCER ASSOCIATION, INC. FOR THE
SAID ORGANIZATION'S PRESENTATION OF AMATEUR
SOCCER GAMES ON APPROXIMATELY FORTY (40)
EVENTS DAYS DURING THE PERIOD FROM
FEBRUARY 23 THROUGH DECEMBER 29, 1991;
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 Central American Soccer Association, Inc.
wishes to conduct amateur soccer games on approximately
forty (40) event days 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 per day for said soccer games will not
adversely affect the revenue operation at said facility; and
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WHEREAS, said organization has agreed to cover stadium
operational expenses for said games and will assess a surcharge
of fifty cents ($0.50) per paid admission for all games in
f accordance with Ordinance No. 10439, as amended; and
WHEREAS, Section 53-146 (C)(6) of the Code of the City of
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Miami, Florida, as amended, provides that the City Commission has
WthQ right to establish and fix special charges for the use of
oai.d stadium;
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NOW, THEREPORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, VLORIbA%
Section I. fihe recitals and findings contained in the
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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 Central American Soccer Association, Inc. are hereby
established for said organization's presentation of amateur
soccer games on approximately forty (40) event days during the
period from February 23 through December 29, 1991.
Section 3. The City Manager is hereby authorized to
in substantially the
execute the attached use agreementi/,
attached form, between the City of Miami and Central American
Soccer Association, Inc.
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Section 4. The he 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
1 on its adoption.
immediate y up
PASSED AND ADOPTED this 14th day of Febr
, 1991.
XAVIER L. S
AREZ, MAYOR
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ATAYHKIRAI
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CITYCLERK
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APPROVED AS TO FORM AND CORRECTNESS:
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Thy h 'e n uthortzation is further subject to
compliAnCO .with
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is that may be imposed by the C.ty Attprt�ey,
, by appl�ca��e..
net ` limited to those prescribed.
bN ego t:cde prcvlaieus.
USE AGREEMENT
89TWEEN THE CITY OF MIAMI FLORIDA AND
CENTRAL AMERICAN SOCCER ASSOCIATION, INC.
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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 CENTRAL AMERICAN SOCCER ASSOCIATION, INC., a for
profit Florida corporation with its principal office located at
253 N.W. 31st Street, Miami, FL 33127, telephone number (305)
573-6258, hereinafter referred to as the "USER".
R E C I TAL:
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
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for the purpose of presenting amateur soccer games, hereinafter
referred to as the "EVENTS", and for no other purpose whatsoever.
1. g$r('cmont Term/EVENT Dates: Said use is permitted on
available Saturdays during the period commencing February
23, 1991 and terminating on December 29, 1991, hereinafter
referred to as the "AGREEMENT TERM", on specific dates as
Y may be available, subject to the approval of the Director of
Conferences, Conventions, and Public Facilities (hereinafter
referred to as the "DIRECTOR") or designee.
5. Surcharget 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 aurcharae
$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.
6. 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 each EVENT.
7. 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 EVENTS.
8. 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.
9. 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.
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10. 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.
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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
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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• Erghibited IteMaL USER agrees to include in its advertising
that bottles and cans cannot be brought into the FACILITY.
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The CITY and USER will use their best efforts to ensure that
no cans,.bottles, glass containers, fireworks, we or
other 'objects that may be used as missiles, are allowed in
the FACILITY.
13. 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.
14. 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.
15. 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.
16. 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.
17. Right of Entry: The CITY reserves the right to enter upon
the FACILITY at any time during the USE PERIODS as it deems
necessary.
18. EVENT Staff and Supplies 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.
19. 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.
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Department manpower requirements for each EVENT shall be as
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stipulated by the Fire Marshal and approved by the DIRECTOR
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or designee. The USER shall be responsible for the payment
of Fire Department services.
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22. 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
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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 additional officers
are already on duty, payment shall be made at their
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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.
23. lean -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
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.
24. 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 th4 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
FACThITY fter the end of each USE PERIOD
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25. It is understood that concession rights '
for all events at the FACILITY belong to the CITY.
26. ,s,it is understood that all parking revenue belongs
to the CITY.
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27: %n&=ification:
The. USER
shall indemnify and save harmleso
Byer the "CITY# and all'
the CITY' s agents, of icers and
employees from
and against
all charges or claims resulting
f os! any . bodily y
i n g y, doss
of life or damage to property,.
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+�stispion
or' neglect, by, itself, or its
eAa the
USER shall
become defendant in every suit
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brought for any of such causes of action against the CITY or
the CITY's officials, agents and employees; the USER shall
further indemnify CITY as to all costs, attorney's fees,
expenses and liabilities incurred in the defense of any such
claims and the investigation thereof.
28. 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.
29. 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
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 Best's Key Rating Code. The CITY is to be provided
with a copy of such insurance policies and a certificate of
same.
30. 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.
31. Assurances: Each party represents to the other that it has
the power to enter into this Agreement and to grant and
accept the license herein granted and accepted, as the case
may be, and that the consent of no other 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.
32.
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.
33. Hgodiggrimination: USER agrees that it shall not
discriminate as to race, sex, color, creed, national origin,
or handicap in connection with its performance under this
agreement.
34.-1lntent of Agreement: The parties intend that this document
shall be a License Agreement and that no leasehold interest
CITY: THE CITY OF MIAMI, a
municipal corporation of the
State of Florida:
Cesar H. Odio, City Manager
USER: CENTRAL AMERICAN SOCCER
ASSOCIATION INC., a Florida
for profit corporation
(signature)
(print name)
(title)
(SEAL)
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 abitration arising from this Agreement
shall be located within Dade County, Florida.
36. Nonassignments This Agreement may not be transferred or
assigned by the USER without the express written consent of
3 the CITY.
37. Entire Agreements 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.
38. 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 execute -,I this
Agreement the day and year first above written.
ATTEST:
Matty Hirai, City Clerk
Corporate Secretary
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APPROVED AS TO INSURANCE:
Seg4ndb Perez
Insur4nce Coordinator
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WHEREAS, the Board of Directors of CENTRAL AMERICAN SOCCER
ASSOCIATION1 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
CENTRAL AMERICAN SOCCER ASSOCIATION, 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.
IN WITNESS WHEREOF, this day of
19
,
CHAIRMAN,
Board of Directors
BY
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(Signature)
Print or Type Name
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A,tteat t
( SEAL )
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• , , , P -_ site Seer4tary Signature
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMOAANDUM CA=16
?d t Honorable Mayor and Members GATE : FILE
of the City Commission J A
SUBJECT : Resolution for Soccer
Matches at Miami
Baseball Stadium '
FROM : REFERENCES
Cesar H. Odio
City Manager ENCLOSURES
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 Central American
Soccer Association, Inc. for the presentation of amateur soccer
games on approximately forty (40) event days at that facility
during the period from February 23 through December 29, 1991 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. The above referenced
organization has requested the use of the Bobby Maduro Miami
Baseball Stadium for the second straight year. They intend to
hold these soccer matches every available weekend for. the
remainder of the year thus bringing frequent use of the stadium
for cultural and athletic events. Attendance is projected to be
500 or less for each game, therefore the organization has
requested special consideration concerning the stadium use fee.
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CENTRAL AMERICAN SOCCER ASSOCIATION
RS'VENUE/EXPENSE PROJECTIONS
141AMI BASES= STADIUM
FEBRUARY 22 DECEMBER 29, 1991
Attendances 200(average)
Use Fee s $250►00
Surcharge s $0.50
Event Dayss 40
Lights s $150.00 per-hr.
REVENUES
Use Fee $10,000
Surcharge $ 4,000
Lights(1 hr average) $ 6,000
TOTAL $20,000
EXPENSES
Paid by promoter --0 —
NET REVENUE $20,000-
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