HomeMy WebLinkAboutR-91-0193A RESOLUTION, WITH ATTACHMENT, ESTABLISHING
SPECIAL CHARGES FOR THE USE OF THE BOBBY
MADURO MIAMI BASEBALL STADIUM BY LIGA
DEPORTIVA ESTUDIANTES DEL GUAYAS, INC. FOR
THE SAID ORGANIZATION'S PRESENTATION OF
AMATEUR SOCCER GAMES ON APPROXIMATELY
SIXTEEN (16) EVENT DAYS DURING THE PERIOD
FROM MARCH 17 THROUGH JUNE 30, 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 Liga Deportiva Estudiantes Del Guayas, Inc.
wishes to conduct amateur soccer games on approximately
sixteen(16) 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 ;
WHEREAS, said organization has agreed to cover stadium
operational expenses for said games and will assess a surcharge
i
of fifty cents ($0.50) per paid admission for all games in ' ra
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
said stadium;
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.
A
'
�
Section
2.
The special
charges as set
forth in the
attached agreement
for the use of
the Bobby Maduro
Miami Baseball 3
Stadium by Liga Deportiva Estudiantes Del Guayas, Inc. are hereby
established for said organization's presentation of amateur
soccer games on approximately sixteen (16) event days during the
period from March 17 through June 30, 1991.
A(
Section 3. The City Manager is hereby
authorized to
execute the attached use ag reementi/, in substantially the
attached form, between the City of Miami and
Liga Deportiva
Estudiantes Del Guayas, Inc.
Section 4. The herein authorization
is 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.
.f4
PASSED AND ADOPTED this 14th day of March 1991.
r.4
!
XAVIER L.
S Z, MAY
ATT T
ins
a
.
MWrTY HIRAI, CITY CLERK
APPRO A TO FORM AND CORRECTNESS:07
-L * . RNANDEZ
C Y ATTO EY
The,harsin authorisation is further subject to
compliance with
all requirements that may be imposed by the
City Attan+sy,
including but not limited to those prescribed by
applicable City
`
Charter and Code provisions,
r
a F z
-
'p. b 5iy�•
71,
f
USt�REEMENT
BETWEEN THE TY OF MIAMI AND
LIGA DEPORTIVA ESTUDt2 TES DEL GUAYAS, 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 LIGA DEPORTIVA ESTUDIANTES DEL GUAYAS, INC. a for
profit Florida corporation with its principal office located at
je
2400 S.W. 83rd Terrace, Miami, FL 33025, telephone number (305)
435-5928, hereinafter referred to as the "USER".
R E C I T A LI
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
a
i 3 .
yt i i iti" ._. Items Furniahk% by 1m s CITY agrees to furnish,
at its expense, except asF may be otherwise provided herein,
light for ordinary use, w ter for all reasonable purposes,
restroom supplies and nothing else.
} 14.
Restriction for..Playing rields 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. s
'.' 15.
Facility Rules: USER acknowledges that it has read the
t`
"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.
Bight of Entrvs 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 Suvnlies 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.
CITY Staffing: If required in the estimation of the
DIRECTOR, or designee, CITY will provide CITY personnel,
including without limitation, Event Supervisor, office
attendants, electricians, sound technicians, stadium
assistants, groundsmen, elevator operators, and ' others
necessary for the proper conduct of the EVENTS. USER agrees
'a
to pay said personnel directly to those individuals with
four (4) hour minimum at rates established by the DIRECTOR.
When such. personnel are required, notification ofsame,
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 PERIOS.
If staging and/or other structures are to be erected after
normal CITY working hours, USER shall additionallypay for
the services of a groundsman who will be assigned for the
required off -duty period.
20.
Unign ReQuirem2nt8= USER shall ensure compliance with all
S.u3",chargai Eased upon ". actual admission price, excluding
taxes, USER shall levy ank collect on behalf of the CITY, a
ticket .surcharge on each paid admission. The amount of the
surcharge shall be based oft the admission price as followst
$1.00 to $5.00
$5.01 to $15.00
$15.01 and Over
$0.50
$0.75
$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. Pavm� nt 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 Repairs 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 Dues 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 Cancellations 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.
10. Audit Rights
a. CITY reserves the right to audit the records of USER at
any time during the term of .this Agreement and fora
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 Parks, Recreation, 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.
Co. At CITY's request, USER shall furnish a copy of its
most recent Federal Income Tax return.
11. Prohibited itema: 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 offorts to ensure,tha
no. Gans, bottles, glass containers, fireworks, weapons or
other objects that may be used as missiles, are allowed in
the FACILITY.
itio
12. d _I1, , o� _ FA�LIT�LI CITY represents and warrants that..
the FACILITY and its fixtures and furnishings, will be jcle�a�,
1n good order and repair, and reasonably fit for bhe , pcpo
for which they are to be used, in safe condition for.thp usd
tntonded#and.will be area of defects which would.provent.or
de..the.;propea� conduct of the .EVENTS. U$9R,agrees.�+�
cep►t eoid FACILITY in An "acondition at .the vtart.�f
each &$ RIMOD.
i
i
x
M! i
9 t� S -
r
`
i
l 7Y.n
stipulated by the Piro A shal and approved by the DIRECTOR
or designee. The USER sh�11 be responsible for the payment
of Piro -Department servicet.__
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
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
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. C'sean-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 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.
25. Concession. Rights: It is understood that concession rights ,
for all events at the FACILITY belong to the CITY.
26. Parking: It is understood that all parking revenue belongs
to the CITY.
27, I*+demnificaion: 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 dny act, omissions or neglect, by .itself, or its
employees; the USSR shall become defendant ii► every suit
brought for any of such eausen of action Against the CITY or
�x
4 -
,.
�6
ri
0
the CITY's officials, d is and employees; the USER shall
further. indemnify CITY a€€ to all costs, attorney's fees,
expensew and liabilities incurred in the defense of any such
claims and the inveatigation thereof.
28. gisk.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 premises are under the control of and occupied by
the USER. All personal property placed or moved on the
subject premises 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
premises during the USE PERIODS, including setup and
dismantle times and, in particular, during those hours of
each USE PERIOD when the premises are 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 Rey Rating Code. The CITY is to be provided
with a copy of such insurance policies and a certificate of
same.
30. 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 itssole 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 A fr
q,��ement: All terms and conditions of this written a
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.
HgndJsgrJAJ4atJgu.L 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,
,14124t..,gZ A r event: The parties intend that this document
shall be a License Agreement and that no leasehold interest
is conferred upon the USER.
35,
court Costa And Att2rusixe.Enew If it becomes necessary
for the CITY to institute proceedings to collect any Monte
dug it by USER, USER agrees to pay any and all court costa,
t as
!
reasonable attorney s fegs and other expenses incurred in
the collection thereof .- A USER agrees that venue in any
litigation and/or abitration arising from this Agreement
shall be located within made --County, Florida.
36. Nonassignment: This Agreement may not be transferred or
assigned by USER without the express written consent of the
CITY Manager.
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 executed this
Agreement the day and year first above written.
ATTEST:
Matty Hirai, City Clerk
Corporate Secretary
i
APPROVED AS TO INSURANCES
+
Soqun-- o Perez
Insurance Coordinator
f
• 4
i
CITY: THE CITY OF MIAMI, a
municipal corporation of the
State of Florida:
Cesar H. Odio, City Manager
USER: LIGA DEPORTIVA
ESTUDIANTES DEL GUAYAS,
INC. ASSOCIATION INC., a
Florida for profit
corporation
(signature)
(Print name)
>
F-
(title)
(SEAL)
APPROVED AS TO FORM AND
CORRECTNESS:
Jorge L. Fernandez
City Attorney
=
we.
i
,
'Z i L4t4 i
f
IN
CITY OF MIAMI, FLOA16A
INTER -OFFICE MEMORANDUM CAw15
TO DATE FILE
Honorable Mayor and Members FEB 2 7 1991
of the City Commission SUBJECT Aesoluti6n for Soccer
Matches at Miami
Baseball Stadium
FROM REFERENCES
Cesar H. Odio
City Manager ENCLOSURES:
RRCOMMRNDATIONL
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 Liga Deportiva
Estudiantes Dal Guayas, Inc. for the presentation of amateur
soccer games on approximately sixteen (16) event days at that
facility during the period from March 17 through June 30,, 1991
and authorizing the City Manager to execute a use agreement for
this purpose.
BACKGROUND:
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 They intend to hold these soccer matches
every available weekend for sixteen (16) event days thus bringing
frequent use of the stadium for cultural and athletic events.
Attendance is projected to be 500 or less for each gamet
erefore the organization has requested special consideration
.q ncerning the stadium use fee.
T.
I
Attendance:
Use Fee
Surcharge
Event Days:
LICA DEPORTIVA ESTUUTANTES DE1, OUAYAS, INC.
REVENUE/EXPENSE PROJECTIONS
MIAMI BASEBALL STADIUM
MARCH 17 - JUNE 30, 1991
200 (average)
$250.00
$0.50
16
REVENUES
`Fee
$4, 000
Use
;
Surcharge
S1.600
_
$5,600
TOTAL
EXPENSES
'0'
3 _
Paid by promoter
NET REVENUE
jjj}
IT
f
d
r �
t
t�z
f
f
}
3
f
k
1
a '
.
i�
t�f
1
}Y
r
r.
k
--