Loading...
HomeMy WebLinkAboutR-90-0667im n,x 0/24/90 90- 66' RESOLUTION NO • A RESOLUTION, WITH ATTACHMENT, ESTABLISRING _SPECIAL CHARGES, : TERMS -,AND CONDITIONSFOR THE USE OF THE ORANGE BOWL STADIUM By FLORIDA AGRICULTURALAND MECHANICAL (FLORIDA A St M) UNIVERSITY FOR THE ORANGE BLOSSOM CLASSIC FOOTBALL GAME TOI-8E HELD ON OCTOBER 47,. 1990 AUTHORIZING THE CITY MANAGER TO EXECUTE A USE AGREEMSNTI, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID USER FOR THIS PURPOSE. ig WHEREAS, the City of Miami Department of Conferences, Conventions, and Public Facilities attempts to secure- quality y sporting events for the Orange Bowl Stadium for the enjoyment .of 4 the community; and WHEREAS, Florida A & M University has again requested the 1 use of said stadium for the Orange Blossom Classic football game to be held October 27, 1990; and WHEREAS, it is recommended that special fees, terms and - conditions be established for this community sport event; and - — WHEREAS, it is recommended that the stadium rental fee be waived for said Classic, conditioned upon the user agreeing to s - pay all expenses required in association with said event, - including without limitation, police, fire department, event — personnel, field lighting, and cleanup; and {x. WHEREAS, Section 53-131 (C)(7) of the Code of the City of Miami, Florida, as amended, provides that the City of Miami has the right to establish and fix special charges or special terms h 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 contained in they Preamble to this Resolution are hereby adopted by referencet = thereto and incorporated herein as if fully set forth in this Section. _<.. X'comm-w-01,�i F 'YOWNti• a r "z� s Section The charges r tercet � and conditions ,.: set forth in this at a h+sd agrees<ent ate hereby established for f. the use of the grange Bowl Stadium by Florida A & M Univetsit- t for the presentation of the Orange Blossom Classic football game 3:- to be held on October 27, 1990. {; The City Manager is hereby authorized to -- i Section 3.= execute a use ageementl/, in substantially the attached form, between the City of Miami and Florida A M University. This Resolution shall become effective ti Section 4. 4: immediately upon its adoption. PASSED AND ADOPTED this 7th day of Sep tember , 1990. XAVIER . S Z, 14AYOR VE ATTE : _ MA IRAI CITY CLERK PREPARED AND APPROVED BY: 'Pr'Arm- RAF L 0 IAZ CHIEF STANT CITY ATTORNEY - APPROVED AS TO FORM AND CORRECTNESS: J GE F ANDEZ CI Y ATTO Y ROD:gb:M1708' ff _i t l/ The herein authorization is further subject to complis=e. 44 all requirements that may be imposed by the. City. �l►ttQrAp .�► , :> c including but not limited to those prescribed by a�pplic�� e City Charter and Code provisions. E sf�y i q V � 2 $si R - `` .2%--.ir,..d':T>-1'.' �1. hbk Sr._..vay,•k _- "CYO=: USE AGREENN3NIT - AE' WSONT THE CITY OF MIAMI# FLORIDA AIM PLOAtnA AORtCULTUPAL AND MECHANICAL UNIVEEEITy THIS AGREEMENT made and enterer into this day of 1090, by and between the CITY OF MIAMI, a tnuni4 corporation of the State of Florida, hereinafter referred to as the "CITYY" and the FLORIDA AdRICULTURAL AND MECHANICAL ¢ ot_ UNIVERSITY, organised and existing under the laws of the State,of Florida (hereinafter referred to as "UNIVERSITY"). R E C I T A Lt WHEREAS, the Orange Blossom Classic football game,, hereinafter referred to as the "CLASSIC", draws thousands of both participants and spectators to the CITY and therefore has great impact on the economy of the CITY1 and WHEREAS# the CITY owns and operates the Miami Orange Bowl Memorial Stadium, hereinafter referred to as the "FACILITY"`, which is a desirable location for the presentation -of: the. CLASSIC; and { WHEREAS, the UNIVERSITY has for many years st:aged its annual . ...btu CLASSIC at said FACILITY, and desires to continue;having:the use n of the FACILITY for the staging of its annual CLASSIC; and WHEREAS, the City Commission; by Resolution' No. , s. establishedspecial charges, terms; and conditioner for the use of Yak �t the FACILITY by UNIVERSITY, as stipulated herein;. NOW, THEREFORE, in consideration of the premises and muu3�� covenants hereinafter contained to!be observed and performed,..a4d ` for good and valuable consideration, the parties, hereto dq,.herejy consent and agree as follows I. Use Period/CLASSIC Date: The use for the CWSIC.s+ hall curing` the period commencing .on Wednesday, October 11. 00 ; and terminating on Sunday, October 260 19'91Or jlero n4��+`r referred to as the "USE PERIOD". Said period shall i.u03, 0' x}� getup and dismantle times, subject to theapproV41 of, Director of Parks, Recreation and Public Faclili.titio IVS (hereinafter referred to as the *DIRECTOR") or defigja ee. CLASSIC shall. be held on Saturday# October 27-* 19, iO = !f ;: k S3 x h z Use a The V tIVERS iTY shall not be required to pay a use fee to c1TY for the CLASSIC# but shall be rOAPOftbible tO pay for all bkpensea related to said CLASSIC ss further specified harein. Based upon previous CLASSICS, said _ expenses are eatimated to be approximately $20#6100- 3. Surcha€g: In accordance with Ordinance #10439, as amended► — UNIVERSITY shall not be required to pay the CITY ticket surcharge for said CLASSIC. 4. Forced Cancellation of Event: in the event that through aftY cause, the oppo ng G tut on in the CLASSIC shall fail t0 appear, or be prevented from appearing for the CLASSIC, then the UNIVERSITY shall have the option of cancelling the CLASSIC without penalty from the CITY. The UNIVERSITY shall be responsible for any actual expense incurred by the CITY in preparation for the CLASSIC. The parties hereto do r= further agree that the agreement to stage the CLASSIC may be cancelled in the event of an Act of God or public enemy, a - national emergency, due to governmental -regulations or regulations of the National Collegiate Athletic Association _ or other sanctioning body which shall preclude the staging of such CLASSIC. S. Payment for Additional Services% UNIVERSITY shall pay to the CITY, on denuind, such sum ! or sums as may be due to said CITY for additional services, accommodations or materials furnished to said UNIVERSITY for the CLASSIC. - - 6. Dame a Re airs UNIVERSITY 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 CLASSIC. 7. Payments Due: Any sums due CITY pursuant to this Agreement, shall be paid upon the conclusion of the CLASSIC. — S. Demand for The CITY, through the DIRECTOR or _Payment: designee, at --omits sole option and discretion, shall be entitled to demand full payment for any .expenses incurred through UNIVERSITY's use of the FACILITY at the close of the event. UNIVERSITY grants to the CITY the first right of - claim to be paid from all monies that are on hand such as. _ "on Premises Gate Receipts" or all monies held by i UNIVERSITY's ticket sales agency for any unpaid expenses., — additional services, accommodations, materials furnished, ` - cost of repair, rehabilitation, damage correction,. and/or replacement or restoration of the FACILITY as a consequence of the presentation of the event. "On Premises Gate Receipts" shall be defined as all sums of money on hand or held at all remote ticket outlets in connection with the - CLASSIC. 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 UNIVERSITY to other parties. UNIVERSITY agrees - that any agreement entered into by the UNIVERSITY with a } ticket sales agency or agencies will include the agency,s ' recognition that the CITY has first right of claim, and the - CITY is to be paid from any and all monies held by the said — ticket agency. -_ 9. Forfeit for Cancellations All advanced sums, or advanced_ n payments for sere ces s all be forfeited if, through the fault or action of the UNIVERSITY, the CLASSIC -is not 'bold on the date and time contracted. 10. Audit Rights: a. CITY reserves the right to audit the records of — UNIVERSITY at any time during the performance of this Agreement and for a periods of three years atft+er, the = final payment is made under this Agreement. a 2 ..�.�.,'' Y yg µy 7777 77,77— b. If so requested by CITE & UNIVIMI Y shall submit to the � 4 bapartmont of parks, Recreations, find public. Padilities an independent audit by `a certified public accountant, Said audit must include the expression of -an opinion to x to the ddtual and budgeted receipts and expenditures of the funds for said CLASSIC. Said audit shall be submitted to the department no later than sixty (60) days after receipt of CITY's request.- 11. CITY V.I.P. Area: The UNIVERSITY agrees that the PACILITY. :fi area w th n the fourth level press box shall be designated by the CITY as the "CITY V.I.P. Area". Henceforth# said area shall be specifically :excluded from use by the UNIVERSITY', and shall be reserved for exclusive use by CITY officials and their guests ' for viewing of the CLASSIC. The UNIVURBI 'Y shall provide game tickets for the said V.I.P. Area in a maximum number of two 'hundred (200) for the game, at no 3 charge to the CITY, for use by CITY officials for _- promotional purposes. 12. Gate Opening and Times of Performances Gates are to be opened at least two hours prior to the start of the CLASSIC._ -tom All advertising shall indicate the gate opening time. The _ CITY reserves right to open gates or adjust gate -opening time as it deems appropriate based on crowd control and other conditions. 13. Prohibited Items: UNIVERSITY agrees to include in its advertising that bottles and cans cannot be brought into the FACILITY. The CITY and UNIVERSITY will use their beat _ 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. 14. 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 CLASSIC. 15. 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. 16. Restriction for Playing Field: UNIVERSITY agrees to.` 7 restr et all vehicles from the grass and playing field. Any. exception to this restriction may only be y y granted by he Grounds and Turf Manager for the Stadium. 17. Facility Rules: UNIVERSITY 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, UNIVERSITY certifie'67, 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. 18. Authority: UNIVERSITY agrees that any matters not .herein ; expressly provided for in thi Agreement shall be provided,- = at the discretion of the CITY Manager or his desi,gnate4� _ representative. 19. Ri2ht of Entryr The CITY reserves the right to enter upon'. )A� •'. Iµ 'Y" the FACILITY premises at any time during the USE PERIOD asps it deems necessary. 20. 'Staff and Supplies Furnished b UNIVERSITY: UNIVERSITY —_ shall, €urn .s3h, ac is sots cost and expensef t cket s►ellera. _ ticket t0ers, and ushers. UNIVERSITY shall cons utt w th the VIRECTQR or designee to ensure that st0frog :levala 9190 a� Y such personnel are adequate to handle a tepding bar 40. -3�`� ter Fr 77It f H - ' tt- iEs T. } , t1NIiiECtSITY shalt also furnish, at its bole cost and expense; all game officials and gamefield personti+ei, and all suppliais and ddnsumahle goads for the sideline areas, loek+er rrma, game officials' room, including without iimitati0t, ice, - soft drinks, towels, and soap.' - 21. CrTY - ss if required' in the estimation of the y,YSt&ffin DIRECTOR, or designee* CITY will provide CITY pertionrkel including without limitation, Event Supervisor, office - attendants, electricians, sound teohniciande atadium assistants, groundskeepers, elevator operators, and Other* necessary for the proper conduct of the CLASSIC. UNMASITY agrees to pay said personnel directly to those individuals with a four (4) hour minimum at rates established by the DIRECTOR. When such personnel are required, notification Of same, including the estimated hours of work and rates of pay, shall be furnished to the UNIVERSITY by the DIRECTOR or -" designee at least 72 hours prior to the USE PERIOD. if staging and/or other structures are to be erected, after - normal CITY working hours, UNIVERSITY shall additionally pay for the services of a groundsman who will be assigned for the required off -duty period. - 22. Union Requirements: UNIVERSITY shall ensure compliance with all necessary _ union requirements (if applicable) in connection with the personnel and services engaged for presentation of the CLASSIC. The CITY shall use its best effort to inform UNIVERSITY of the terms of any trade or employee union agreement, written or oral, affecting all relevant personnel or services used in connection with the CLASSIC and shall assist UNIVERSITY in complying with such agreements. 23. Fire Safety and Personnel: UNIVERSITY shall provide a diagram of the proposed CLASSIC layout to the office of Fire Prevention, 275 N.W. 2nd Street, Miami, FL, and obtain fire ' permits required by the Code of the CITY of Miami, relative to fire safety. Fire Department manpower requirements for each CLASSIC shall be as stipulated by the Fire Marshal and approved by the DIRECTOR or designee. The UNIVERSITY shall be responsible for the payment of Fire Department services. 24. 25. Police Security: a. The DIRECTOR, or designee, after full discussion with the UNIVERSITY 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 CLASSIC. UNIVERSITY shall be responsible for the direct payment of designated Police and security services upon the conclusion of the CLASSIC. b. If, during the course of the CLASSIC, the Police commander determines that security for the CLASSIC ie insufficient for proper crowd control, he may summon additional officers in sufficient numbers to effectively control the situation. The UNIVERSITY 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 overtUne 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' mini4Om compensation, or, compensation for the actual t devoted to the CLASSIC problem, including time spent booking prisoners and the like. Cleanup and Dismangtle: pay r y g t a. contractor to clean.t the aFACILITY after the USA l� IQp t f� ( CLASSIC day) has ended. it the F&CMITY *4':1 not ,.4 - �- s properly cleaned to the CITY'a satiefadtion, the CITY has the right to order additional cleaning of the PACILITY and to invoice the UNMRSITY for such additional. cleaning. The hauling of the trash frogs the FACILITY shall be performed by the CITY's Solid W&gte Department, and the UNIVERSITY is responsible for the _ payment of such trash disposal fees as are established by the CITY. ' b. UNIVERSITY agrees to tear down and remove all UNIVERSITY effects immediately after the USE PERIOD has ended, which shall be completed not later than twenty- four hours after the conclusion of the CLASSIC, 26. Removal of UNIVERSITY Effects! The CITY reserves the right $; to move from the*premises all UNIVERSITY effects remaining in or on the grounds of the FACILITY after the end of the USE PERIOD at the expense of the UNIVERSITY, or the CITY may charge storage, at the rate of $1,000 per day, for each day or part of a play that said effects remain in or on the grounds of the FACILITY after the end of each USE PERIOD, unless otherwise permitted by the DIRECTOR or designee. 27. 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 currently in effect or as may be subsequently modified by the City Manager 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 CLASSIC. 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 - UNIVERSITY shall reimburse the CITY for the difference, in accordance with applicable CITY Code provisions. 28. Concession Rights: It is understood that concession rights for all events at the FACILITY belong to the CITY. For the purposes of this Agreement, UNIVERSITY shall be granted the right to sell programs, authorized novelties and/or other merchandise depicting the CLASSIC and/or performer(s) or player(s), limited to T-shirts, novelty items, buttons, hats, ether apparel, records, tapes, photographs and posters: 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 UNIVERSITY is strictly prohibited. 29. Force -ma eure: No liability shall be incurred by either of the parties hereto should the FACILITY, during the term of this agreement, be condemned, become unfit for the CLASSIC to be played or staged therein, because of any Act of God or public enemy, or is closed to the public by the CITY or through government action. 30. Indemnifications The, UNIVERSITY 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 UNIVERSITY shall bec=e defendant in every suit brought for any of such causes of action against the CITY or the CITY's officials, agents and - employees; the UNIVERSITY shall further indemnify CITY as to all costs, attorney's fees, expenses and liabilties incurred in the defense of any such claims and the investigation thereof. 31. Risk of Loss: The CITY shall not be liable for any .loss, fury o-F ramage to any perponal propaity or equips belonging to the UNIVERSITY, or to anyone whomsoever,-Ouri t t� ys4 Any tithes the premises are under the control of and occupied by the UNIVERSITY. All p+ereohal property placed or moved on the subject pttmisea shall be at the risk. of UNIVERSITY or the owner thereof. Ft,rthermora, it is the responsibility of the UNIV9R6tTY to provide security whenever personal property either owned or used by the tlNl R81 or its licensees is placed on the premises during the USE PERIOD# including setup and dismantle tithes and, in particular, during those hours of the USE PERIOD when the STADIUM are not open to the general public. 32. Insurancet Liability Insurance is required of UNIVERSITY and .s to be cleared through the office of the CITY's Law Department, Insurance: Manager, One Southeast 3rd'Avenua, Miami, Florida, telephone 579-6700.. The insurance polity must be endorsed to mime the CITY as an 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 Beat's Key Rating Code. The CITY is to be provided with a copy of such insurance policies and a certificate of same.. 33. Default Provision: In the event that UNIVERSITY 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 UNIVERSITY may cancel and terminate this Agreement, and all payments, advances, or other compensation paid by UNIVERSITY 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. Notices: It is understood and agreed between the parties hereto that written notice by registered or certified mail or delivered to: . Athletic Director Florida A&M University Post Office Box 2B7 Tallahassee, Florida 32307 shall constitute sufficient notice to the UNIVERSITY, written notice mailed by registered or certified mail delivered to: City Manager City of Miami City Hall - 3600 Pan American Drive Miami, Florida 33133 and or shall constitute sufficient notice to the CITY to comply with the terms of this agreement, except as either shall notify the other party of a change of address by registered or certified mail. 36. Captions: The captions contained in this agreement are Inserted - only as a matter of convenience and for reference and in no way define, limit or prescribe the scope of this agreement or the intent of any provision thereof. - 6 =- 9Q qgi 4 indir_ A teetftent 3 Ai I terms and oofidi.t� �st�,� �f ti itt+�tl Agre tent Shall te` a binding Upon the parties # Usira and assigns, efid eannot be varied or wtivad bY any oral ` representation or promise of any agent of the parties hereto or other person unless the same be in writing and mutually signo,d by the duly authorized agent or agents exeCuting this Agreement, — 39. 96ndiberimination_ UNMASITY shall not discriminate as to s race, sex, color, creed, handicap or national origin in connection with its perforrnancrr and/or any operation nt9deY $ this Agreement. 39. Intent of Ac�r. ecmc�nt: The parties intend that this document Mill' be a Eleeuse Agreement and that no leasehold interest: in conferred upon the UNIVERSITY. 40, Court Costs and Attorneys Freest If it becomes necessary z for the CITY to institute proceedings to collect any monies due it by UNIVERSITY, UNIVERSITY agrees to pay any and all. -_ court Costs, reasonable attorney's fees and other expenses - incurred in the collection thereof. 41. Nonassignment: This Agreement may not be transferred or aisI-gned by UNIVERSITY without the express written consent of the CITY Manager. - 42. Entire Agreement: This instrument and its attachments Y const tuts the sole and only Agreement of the parties hereto relating to the use of the STADIUM and correctly sets forth the rights, duties, and obligations of each to each other he if its date. Any prior agreements, promises, negotiations. or representations not expressly set forth in this Agreement are of no force or effect. 43. Amendments: No amendments to this Agreement shall be b nding -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. a �.�_�: .... �i" '. ,k �' "- •M +k � t Y !y '"3. � t �� t .�. � ����5 { �, r- ,� r�,o-sF 3`,`� NY' T' ,,i, �'. 3 { � y 3° it �- a � yL� 5- ;�� � s Fa �'�t _. ,, _ .. _,>> ., r t � .,�.�.w�4���rt ��z � CdV 6P MIAMI, mo jNTg**0rFjCjt MEMONANDUM A� Q it is respectfully recommended that the City commission adopt the attached resolution establishing special charges, terms and conditions for the use of the orange Bowl Stadium by Florida Agricultural and Mechanical University (Florida A&M) for the presentation of the annual Orange Blossom Classic football game at that facility on October 27, 1990, and authorizing the City Manager to execute a use agreement for this purpose. &ILMROUND The Department of Conferences, Conventions,. and Public Facilities has been approached by Florida A&MV which wishes to use the Orange Bowl Stadium for the annual Orange Blossom Classic football game on October 27# 1990. The Administration has determined that modifications to the standard use charges, terms and conditions, as specified in the City Code are appropriate for this event and has prepared an agreement with Florida A&M which delineates the various revised charges, terms and conditions for said use .-Under the ,terms ,of the agreement, the* -use fee will be waived and,the University'will pay all expenses required in association with said . including without limitation, policel fire department, event, personnel, field lighting, cleanup and disposal services. The, ,,City ,,City will cover its expenses for parking operations* Based upon the agreement terms and anticipated attendance' ff a not,: 10,000 persons, we anticipate that the city will obtain revenue of over R C, AV -44, V" �u C - ,. } M OWl1 E BLOSSOM CLASSIC. FLORIDA ASM VS : MO AGAR STATE , } OCTOBER 271, 19901, oPARGE BOWL STADIUM f RE%MUE/EXP8VSE PROJECTIONS r. - Ticket price: $15.00 -; use Pees Tfaived Surcharge:- N/A Parkingt Concessions: $2.30 per cap Attendance: 10,000 GROSS REVENUES Use Fee $ 0 ' Surcharge 0 Parking (2,500 cars). -� Concessions 9,683 Total Gross Revenues 22j- CITY PAID EXP_ ENSES Parking Personnel $ 3,300 Total City Paid Expenses �3,300> I= CIs'Y' REVENM $18883 � fjG Ft �p i t _ 1 lye {` P .. t c `i i - a ,, �• 'M R ,}: ?�, e' t7 .Y'v.;�