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HomeMy WebLinkAboutR-91-0547J-91-670 7/25/91 RESOLUTION NO. 91 _ 4 7 A RESOLUTION DIRECTING THE CITY MANAGER TO ENSURE THAT MIAMI SENIOR HIGH SCHOOL IS ABLE TO PLAY ITS FOUR SCHEDULED FOOTBALL GAMES IN 1991 AT THE ORANGE BOWL STADIUM, ADDITIONALLY, TO ENSURE THAT EDISON HIGH SCHOOL BE ABLE TO PLAY TWO GAMES ON THE SAME BASIS IF THEY SHOULD SO REQUEST; PROVIDED THAT THE SCHEDULING OF SAID SIX GAMES DOES NOT CONFLICT WITH PRESENTLY SCHEDULED ORANGE BOWL EVENTS; FURTHER, DIRECTING THAT MIAMI SENIOR HIGH SCHOOL PAY $2,000 PER GAME TO COVER PARTIAL COSTS AND EXPENSES FOR THE USE OF THE STADIUM; ALSO, ALLOCATING AN AMOUNT NOT TO EXCEED $10,000 FROM FUNDS TO BE APPROPRIATED FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, TO COVER THE BALANCE OF THE SAID COSTS AND TICKET SURCHARGE AND GENERAL EXPENSES FOR SAID FOUR (4) MIAMI SENIOR HIGH SCHOOL GAMES; FURTHER - AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND MIAMI SENIOR HIGH SCHOOL; AND SUBJECT TO THE SCHOOLS 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 Orange Bowl Stadium and attempts to secure the presentation of athletic events for the community; and WHEREAS, Miami Senior High School has played its home football games at the Orange Bowl Stadium for over fifty years and wishes to continue this tradition and play its four scheduled football games in 1991 at said Stadium; and WHEREAS, Edison High may also request to play two football games at the Orange Bowl Stadium in 1991; and WHEREAS, the City Manager is being directed to ensure there is no conflict with presently scheduled Orange Bowl events, in order that these two schools are able to play said six games at the Orange Bowl Stadium, if the latter school should request to play two games at said Stadium; and CTPY COMMSION .. MEEMG OF JUL 11 1" 9 :1-- 5 4'7 WHEREAS, each one of the schools shall be responsible for the payment of event personnel and other costs for the games and must agree to pay $2,000 per game for the partial payment of said costs; and WHEREAS, the City will cover the balance of the costs from Special Programs and Accounts, Contingent Fund, to cover event personnel, clean-up, field lighting and the applicable ticket _ surcharge as required by City Code Section 53-1 in an amount not to exceed $2,500 per game; 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 the Stadium; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings set forth 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 City Manager is hereby directed to ensure that Miami Senior High School is able to play its four scheduled football games in 1991 at the Orange Bowl Stadium and that Edison High School be able to play two games on the same basis if it should so request. Section 3. Miami Senior High School shall pay the amount of $2,000 per game to cover partial costs and expenses for the use of the Stadium for the four (4) scheduled football games in 1991. Section 4. An amount not to exceed $10,000 is hereby allocated from Special Programs and Accounts, Contingent Fund, to cover the balance of the said costs and expenses for said four (4) games. 9 1 - )-4'7 -2- Section 5. Special charges, terms, and conditions as applicable, shall be set forth in a use agreement acceptable to the City Attorney for the use of the Orange Bowl Stadium by Miami Senior High School are hereby approved for said School's presentation of four scheduled football games in 1991, with the City Manager_ being hereby authorized to execute such use agreement/, between the City of Miami and Miami Senior High School. Section 6. The herein authorization is hereby conditioned upon the schools obtaining insurance to protect the City in an amount as prescribed by the City Manager or his designee. Section 7. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this llth day of , 1991. VIER L,.- $IJAREZ,-MAYOR CITY CLERK PREPARED AND APPROVED BY: 5-7 . ' wlt� IRMA M. ABELLA ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: JO GE L. ERNANDEZ CI Y ATTO EY IMA/1bfN 2428 '/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. 91-- 547 -3- DAD COUNTY PUBLIC SC DOLS MIAMI SENIOR HIGH SCHOOL. 2450 SOUTHWEST FIRST STREET MIAMI, FLORIDA 33135 Mn. DIEGO GARCIA,JR. (305) 649-9800 PRINCIPAL MR. CHARLES G. BETHEL ASSISTANT PRINCIPAL MRS. CONSUELO V. DOMINGUEZ ASSISTANT PRINCIPAL MR. PETER T. NELSON ASSISTANT PRINCIPAL DR. ALLYN BERNSTEIN SACHTLEBEN ASSISTANT PRINCIPAL Mr. Cesar H. Odio City Manager The City of Miami 3500 Pan American Drive Miami, Florida 33133 Dear Mr. Odio: June 14, 1991 47 OCTAVIO J. VISIEDO SUPERINTENDENT OF SCHOOLS DADE COUNTY SCHOOL BOARD MR. WILLIAM H. TURNER, CHAIRPERSON MS. JANET R., VICE -CHAIRPERSON MR. G. HOLMES BRADDOCK DR. ROSA CASTRO FEINBER MS. BETSY KAPLAN DR. MICHAEL KROP MR. ROBERT RENICK As the head football coach of Miami Senior High School, I am writing to petition the City Commission to support our football program in an effort to play our home games in the Orange Bowl. , For many years the Miami High Football program has used the Orange Bowl for our home games. This has establish a tradition which is enjoyed by our team as well as other teams we play. The memory of playing in the Orange Bowl is very impressive to any young football players. Many of the parents of our players also find it difficult to attend games at other stadiums, since there are no other stadiums with in city limits. Thanks to you, we have been able to continue this rich tradition. Unfortunately without the commission's help the Orange Bowls cost would be to expensive for our program to afford. It should be noted that last years grant was not used since all our Orange Bowl games were rescheduled because of the encephalitis epidemic. Thank your for always being there for us. Sincepaly, c, Luis Sanabria Head Football Coach CC: Xavier Suarez, Mayor Miller J. Dawkins, Vice Mayor Miriam Alonso, Commissioner Victor H. De Yurre, Commissioner J.L. Plummer, Jr., Commissioner Aurelio Perez-Lugones L1%-( 91-- 547 _ f_ USE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA AND MIAMI SENIOR HIGH SCHOOL, A DADE COUNTY HIGH SCHOOL, FLORIDA IS AGREEMENT made and entered into this Is day of 2Y 199fa', by and between the CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter referred to as the "CITY" and MIAMI SENIOR HIGH SCHOOL, A DADE COUNTY HIGH SCHOOL, with its office located at 2450 S.W. First Street, Miami, Florida 33135 telephone number (305) 649-9800, hereinafter referred to'as "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 Orange Bowl Stadium, hereinafter referred to as the "FACILITY", the said FACILITY to be entered upon or into for the purpose of presenting up to four high school football games, hereinafter referred to as the "EVENT(S)", and for no other purpose whatsoever. 1. Aggeement TermjEVENT Dates: Said use is permitted on selected dates during the period commencing on September 1, 1990 and terminating on November 30, 1990, hereinafter referred to as the "AGREEMENT TERM", on specific dates as may be available, subject to the approval of the Director of Conferences, Conventions and Public Facilities (hereinafter referred to as the "DIRECTOR") or designee. 2. Use Period: The hours of use for each EVENT shall include set up and dismantle times. Set up shall commence no earlier than 8:00 am on the day of each EVENT and cleanup shall begin immediately upon the conclusion of the EVENT and conclude within a twenty-four hour period, unless otherwise mandated by the DIRECTOR or designee. The above hours of use, including set up and dismantle times, shall hereinafter be referred to as the "USE PERIODS)". 3. Use Fee: Pursuant to Repolution No. it , adopted by the City Commission o/ ' V , the use fee for the EVENTS shall be waived. Said use may be subject to any additional conditions imposed by the CITY. 4. Surcharge: Pursuant to Section 53-1 of the Code of the City of Miami, a ticket surcharge shall be imposed on each paid admission in accordance with the following schedule: Price of Admission Surch�ara_e $1.00 to $5.00 $0.50 $5.01 to $15.00 $0.75 $15.01 and Over $1.00 WHEN RETURNING FOR FURTI REVIEW, PLEASE IDENTIFY AS 547 62 The Department of Conferences► Conventions, and Public Facilities shall receive the amount of said surcharge from the City of Miami General Fund or any other specified outside source as subsidy for the FACILITY. 5. 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 materials _ furnished to said USER which are not part of Paragraph 11 of this Agreement. 6. Damage Repair: USER shall pay to the CITY the 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. 7. Forfeit for Cancellation: All advanced sums, or advanced payments for services shall be forfeited if, through the fault or action of the USER, the EVENTS are not held within the dates and times contracted. B. Gate Opening and Times of Performance: Gates are to be opened at least two hours prior to the start of each EVENT. 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. 9. 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 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. 10. 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 EVENTS. USER agrees to accept said FACILITY in an "as is" condition at the start of the USE PERIOD. 11. Items Furnished by CITY: CITY agrees to furnish, at its expense, except as may be otherwise provided herein, stadium personnel, cleanup and disposal services, field lighting and light for ordinary use, water for all reasonable purposes, restroom supplies, and nothing else. The Department of Conferences, Conventions, and Public Facilities shall be reimbursed for the amount of said expenses from the City of Miami General Fund or any other specified outside source. 12. 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 FACILITY. 13. 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. 14. 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. -2- 9 i_ - 547 .3 L] 15. Right of Entry: The CITY reserves the right to enter upon the FACILITY premises at any time during the USE PERIOD as it deems necessary. 16. 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. 17. Fire Safety and Personnel: USER shall provide a diagram of j the proposed EVENT layout to the office of Fire Prevention, 275 N.W. 2nd Street, Miami, F1, and obtain fire permits required by the Code of the CITY of Miami, relative to fire safety. Fire Department manpower requirements for the EVENT shall be as stipulated by the Fire Marshal and approved by the DIRECTOR or designee. 18. 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 pay all police expenses directly to police immediately - after 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. 19. Removal of USER Effects: USER agrees to tear down and remove all USER effects immediately after each EVENT has ended. The CITY reserves the right to remove from the FACILITY 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 or part of a day that said effects remain in or on the grounds of the FACILITY after the end of the USE PERIOD, unless otherwise permitted by the DIRECTOR or designee. 20. Parking: a. The CITY shall furnish its normal and customary event parking facilities for public parking. If warranted, the CITY will provide adequate personnel to man such parking facilities, at its own cost and expense. 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 than 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. 9 1 - 547 - 3 - /J 21. Concession Rights: It is understood that concession rights for all events at the FACILITY belong to the CITY. For the purposes of this Agreement, USER shall be granted the right to sell programs, authorized novelties and/or other merchandise depicting the EVENT and/or performer(s) or player(s), limited to T-shirts, buttons, hats, other apparel, pennants, records, tapes, photographs, posters, and other novelty items. Such items offered for sale to the public are subject to the advance approval of the DIRECTOR or designee. The sale of food or beverages by the USER is strictly prohibited. 22. Indemnification: USER covenants and agrees that it shall indemnify, hold harmless and defend CITY, its agents, — officers, and employees, for the hours of use of said stadium by USER, from and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Use Agreement for any personal injury, loss of life, or damage to property sustained in or about the premises, by reason of or as a result of USER's use or - occupancy thereof, to the extent of the limitations included within Florida Statutes, Section 768.28, subject to the provisions in this Act whereby USER shall not be liable to pay a personal injury or property damage claim or judgement by any one person which exceeds the sum of $100,000.00, or any claims or judgements thereof, which, when totalled with _ all other claims or judgements paid by USER arising out of the same incident or occurrence, exceeds the sum of _ $200,000.00, from any and all personal injury or property damage claims liability, losses and causes of actions which may arise solely as a result of USER's negligence in its use of the premises. However, nothing in this section shall indemnify CITY for any liability or claim arising out of the negligence, performance or failure of performance required of CITY. 23. 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 FACILTIY 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, 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. 24. Insurance: CITY and USER agree to self insure their respective interests in personal property to the extent each deems necessary or appropriate and hereby mutually waive all rights to recovery for loss or damage by any means and waive all rights to recovery for loss or damage to such property by any cause whatsoever. CITY and USER hereby waive all rights of subrogation against each other under any policy or policies they may carry or on property placed or moved on the premises. 25. 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. 26. 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 91-- 547 - 4 - 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. 27. 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. 28. Nondiscrimination: USER 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. 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. 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. 31. Nonassignment: This Agreement may not be transferred or assigned by USER without the express written consent of the CITY Manager. 32. 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 of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 33. 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. Witness Witness CITY: THE CITY OF MIAMI, a municipal corporation of the State of orida Cesar H. Odio, City Manager USER: MIAMI SENIOR HIGH SCHOOL, A DADE COUNTY HIGH SCHOOL, FLORIDA, a political suhdivision of the State of Flida 9f -- 54'7 nature C M0A)fZ1 print name -01 tit.Ve 5 - lCI APPROVED AS TO INSURANCE: APPROVED AS TO FORM AND _7 CORRECTNESS: Insurance Manager % ' ` _ Ci y Attor ey i APPROVED AS TO DEPARTMENTAL REQUIREMENTS: Tony Pajar s, irector Department of Conferences, Conventions, and Public Facilities 3 -1 i 7 1 i 1 547 jq- 6 (:q i