HomeMy WebLinkAboutR-90-0854J-90-881
09/23/90
RESOLUTION NO. 5 0 (S 1 4
A RESOLUTION, WITH ATTACHMENT, ESTABLISHING
SPECIAL CHARGES, TERMS, AND CONDITIONS FOR
THE USE OF THE MIAMI BASEBALL STADIUM BY
ROCKVILLE PRODUCTIONS, INC. FOR THE
PRESENTATION OF A MUSICAL CONCERT TO BE HELD
ON DECEMBER 25, 1990; AUTHORIZING THE CITY
MANAGER TO EXECUTE A USE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH SAID
USER FOR THIS PURPOSE.
WHEREAS, the City of Miami Department of Conferences,
Conventions, and Public Facilities seeks to secure quality events
for the Miami Baseball Stadium and the enjoyment- of the
community; and
WHEREAS, Rockville Productions, Inc. is planning to present
this annual holiday concert at the Miami Baseball Stadium for the
third consecutive year and wishes to continue holding a concert
at the Miami Baseball Stadium on an annual basis; and
WHEREAS, it is recommended that special charges, terms, and
conditions be established for this annual event; and
WHEREAS, the City of Miami will cover the expenses of
cleanup, trash disposal, event personnel and fire department
personnel at their normal event rate of pay; and
WHEREAS, it is recommended that the applicable City Code use
fee of $2,500 vs 12% have a cap of $12,000, conditioned upon the
user agreeing to pay all police expenses, ticket sellers, ticket
takers, security, and) additionally, reimbursing the city for
event personnel and fire department personnel expenses over and
above the normal event rate of pay; 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 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:
ATTACHMENTS
CONTAINED
CITY COMM SION
MEETING OF ..v.
N 0 V 8 1990
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 Baseball Stadium by Rockville Productions,
Inc. for the presentation of a musical concert on December 259
1990.
Section 3. The City Manager is hereby authorized to
execute the attached use agreement Y, in substantially the
y
attached form, between the City of Miami and Rockville
Productions, Inc.
Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 8th day of NovegJaer 1990.
c
MAY
APPROVED AS TO FORM AND CORRECTNESS:
4E- DEZ
ATTDRNE
y 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.
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USE AGREEMENT
BETWEEN THE CITY OF MIAMI, FLORIDA
AND ROCKVILLE PRODUCTIONS, 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 ROCKVILLE PRODUCTIONS, INC., a for profit Florida
corporation with its principal office located at 8400 N.E. 2nd
Avenue, Miami, Florida 33138, telephone number (305) 757-1969,
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 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 musical concert, 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 8:00 a.m. on Tuesday, December
25, 1990 and terminating at 12:00 a.m. on Wednesday,
December 26, 1990, not including set up and dismantle times.
Set up shall commence no earlier than 7:00 am on the day
prior to the EVENT and dismantle shall begin immediately
upon the conclusion of the EVENT and conclude within a
twenty-four hour period, unless otherwise mandated by the
Director of Conferences, Conventions, and Public Facilities
Department, hereinafter "DIRECTOR", or designee. The above
hours of use, including set up and dismantle times, shall
hereinafter be referred to as the "USE PERIOD".
2. Use Fee: USER agrees to pay the CITY for the use of said
FACILITY:
Two Thousand Five Hundred Dollars ($2,500.00) minimum use
fee or 12% of the gross ticket sales, exclusive of State of
Florida sales tax and CITY ticket surcharge, whichever is
greater, plus 6% State of Florida Use Tax, hereinafter
referred to as the "USE FEE". The percentage portion of the
USE FEE shall have a cap of $12,000.00.
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
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
;J demand, and/or as soon as possible after the conclusion of
each EVENT, in accordance with City Code previsions and the
terms of this Agreement.
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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 )f 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.
7. 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
each EVENT. Such monies that are on hand at the FACILITY
-=
ticket office shall be decribed as "on premises gate
j
receipts". The DIRECTOR or designee shall be entitled to
collect all such monies due the CITY and the CITY shall be
paid prior to payment of any other bills or sums of money
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owed by the USER to other parties.
8. 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 dates and
times contracted.
9. 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
e
under this Agreement.
b. If so requested by CITY, USER Shall submit to the
Department of Conferences, Conventions, and Public
Facilities an independent audit ry 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.
10. Complimentary Tickets: USER shall furnish to the DIRECTOR
or designee twenty-five (25) complimentary tickets for each
EVENT for the purpose of promoting the CITY and the FACILITY
for future events.
11. Gate Opening 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.
12. 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 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.
13. Condition of FACILITY: CITY represents and warrants that
the FACILITY and its fixtures and furnishings will be
reasonably 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 PERIOD.
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14. 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.
15. 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.
16. 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.
17. 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.
18. Right of Entry: The CITY reserves the right to enter into
the FACILITY at any time during the USE PERIOD as it deems
necessary.
19. Occupational License: Any and all required occupational
license(s) for USER's commercial activity or that of its
agents shall be secured by USER from the CITY's Tax and
License Division, Treasury Management, 3006 Aviation Avenue,
Miami, Florida. Said license(s) shall be presented to the
DIRECTOR, or designee, prior to the start of the USE PERIOD
and shall be attached to this agreement. Said license(s)
are required in accordance with Chapter 31 of the Code of
the City of Miami.
20. 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.
21. EVENT Personnel: If EVENT personnel staffing is required by
USER, the DIRECTOR od designee will provide USER with a list
of event personnel familiar with the FACILITY, including
without limitation, EVENT Supervisor, office attendants,
facility operations workers, electricans, sound technicians,
groundskeepers, restroom attendants and others necessary for
the proper operation of the EVENT. CITY shall be responsible
for the payment of said EVENT personnel at the normal event
rate of payment. USER shall reimburse to CITY any amount
paid to the EVENT personnel over and above the nonnal rate
of payment. For the purposes of this agreement, the EVENT
personnel shall receive a payment rate of time and one-half
as a holiday rate. USER shall reimburse to CITY the
difference between the total holiday rate of payment and
the normal rate of payment.
22. 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.
23. Fire Safety: USER shall provide a diagram of the proposed
EVENT layout to the office of Fire Prevention, 275 N.W. 2nd
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Street, Miami, Fl, and obtain 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. The CITY shall be responsible for the payment
of Fire Department personnel at the normal event rate of
pay. USER shall reimburse to CITY any amount paid to said
personnel over and above the normal rate of payment. For the
purposes of this agreement, the Fire Deparment personnel
shall receive a payment rate of time and one-half as a
holiday rate. USER shall reimburse to CITY the difference
between the total holiday rate of payment and the normal
rate of payment.
24. Police Securit ram-.
a. The DIRECTOR, or designee, after ful.l 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 EVENT. USER shall be
responsible for the direct payment of designated Police
and security services upon the conclusion of the 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.
25. Clean-up and Dismantle:
a. CITY shall be responsible for the payment to a cleaning
contractor to clean up the FACILITY after the EVENT has
ended. �� �US�. 0, k y, S�
b. USER agrees to tear down and remove all USER effects
immediately after the EVENT has ended, and shall be
completed not later than twenty-four hours after the
conclusion of the EVENT, unless otherwise approved by the
DIRECTOR or designee.
26. 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 or that said
effects remain in or on the grounds of the FACILITY after
the end of the USE PERIOD.
27. 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, records, tapes, photographs, posters, and other
common souvenir items. Such items offered for sale to the
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public are subject to the advance approval of the DIRECTOR
or designee. The sale of food or beverages by the USER is
strictly prohibited.
28. 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.
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, 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.
29. 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 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.
30. 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 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.
31. Insurance: Liability Insurance is required of USER and is
to be cleared through the office of the CITY's Law
Department, Insurance Manager, One Southeast 3rd Avenue,
Miami, Florida, telephone 579-6700. 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.
32. 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.
33. 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
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may be, and that the consent of no other person or entity
(governmental or otherwise) is required in connection
therewith, except as otherwise n rovided 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.
34. 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.
35. 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.
36. Intent of Agreement: The parties intend that this document
shall be a License Agreement and that no leasehold interest
is conferred upon the USER.
37. 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 abitration arising from this Agreement
shall be located within Dade County, Florida.
38. Nonassignment: This Agreement may not be transferred or
assigned by USER without the .express written consent of the
CITY Manager.
39. 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.
40. 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 vear first above written.
ATTEST:
Matty Hirai, City Clerk
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CITY: THE CITY OF MIAMI, a
municipal corporation of the
State of Florida:
Cesar H. Odio, City Manager
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Corporate Secretary
APPROVED AS TO INSURANCE:
Segundo Perez
Insurance Coordinator
USER: ROCKVILLE PRODUCTIONS,
INC., a for -profit Florida
corporation
(signature)
(print name and title)
(SEAL)
APPROVED AS TO FORM AND
CORRECTNESS:
Jorge Fernandez
City Attorney
APPROVED AS TO DEPARTMENTAL REQUIREMENTS:
Tony Pajares, Director
Department of Conferences, Conventions,
and Public Facilities
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90- 854
CORPORATE RESOLUTION
WHEREAS, the Board of Directors of ROCKVILLE PRODUCTIONS,
INC. desires to enter into an agreement with the CITY of MIAMI
for use of the BOBBY MADURO MIAMI BASEBALL STADIUM; and
WHEREAS, the Board of Directors of ROCKVILLE PRODUCTIONS,
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
ROCKVILLE PRODUCTIONS, 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
(Signature)
Print or Type Name
Attest: (SEAL)
Corporate Secretary Signature
Print or Type Name
EXHIBIT 1
El
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members
of th City Commission
FROM: Cesar H. Odio
City Manager
RECOMMENDATION:
CA=10
DATE : OCT
3 U MOO FILE
SUBJECT: Resolution for Concert
at Miami Baseball
Stadium
REFERENCES:
ENCLOSURES:
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 Rockville Productions, Inc. for the presentation of a musical
concert at that facility to be held on December 25, 1990 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 stadium for the third
straight year for this annual holiday concert. Rockville
Productions, Inc. intends to hold this event annually at the
stadium and thus being a frequent user, has requested a cap on
the stadium use fee and a sharing of the expenses between the
user and the City as stipulated in the attached legislation.
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ROCKVILLE PRODUCTIONS, INC.
REVENUE/EXPENSE PROJECTIONS
MIAMI BASEBALL STADIUM
DECEMBER 25, 1990
Attendance: $10,000
Use Fee: $2 ,500 vs 1 2% Cap 12,000
Surcharge: $1.00
Concessions: $1.50 per cap
Parking: $5.00
REVENUES
Use Fee $12,000
Surcharge 10,000
Concessions 6,315
Parking 2,500
TOTAL $30,815
EXPENSES
Event Personnel $3,000
Fire Department 1,000
Parking Personnel 700
Cleanup 450
Trash Disposal 300
TOTAL <$5,450>
NET REVENUE $25,365
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