HomeMy WebLinkAboutR-90-0463J-90-417
5/30/90
El
90- 463
RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENT, ESTABLISHING
SPECIAL CHARGES, TERMS, AND CONDITIONS FOR
THE USE OF THE ORANGE BOWL STADIUM BY
SUNSHINE STATE GAMES FOUNDATION, INC. FOR THE
OPENING CEREMONIES OF THE 1990 SUNSHINE STATE
GAMES TO BE HELD AT THE ORANGE BOWL STADIUM
ON JULY 13, 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 quality events for the
Orange Bowl Stadium and the enjoyment of the community; and
WHEREAS, the 1990 Sunshine State Games will hold a number of
other sporting events in City of Miami facilities
WHEREAS, said opening ceremony event will be aired on live
television, thus producing widespread exposure for the Orange
Bowl Stadium; and
WHEREAS, it is recommended that special fees, terms, and
conditions be established for this community event; and
WHEREAS, the City of Miami will cover its operating expenses
including, without limitation, event personnel, parkinq,staff,
cleanup, trash removal, and field lighting; and
WHEREAS, it is recommended that the use fee be waived for
the event, conditioned upon the user agreeing to pay all police,
fire department, and ushering expenses required in association
with said event; 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 said stadium;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
ATTACHMENTS
CONTAINED
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90 " 463.
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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 Orange Bowl Stadium by Sunshine State Games
Foundation, Inc. for the opening ceremonies of the 1990 Sunshine
State Games to be held on July 13, 1990.
Section 3. The City Manager is hereby authorized to
execute a use agreementl/, in substantially the attached form,
between the City of Miami and Sunshine State Games Foundation,
Inc.
Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 28th day of June
XAVIER L. SUMEJ,
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
V YY L • 4 Y[�i��
CI •ATTORNEY
AV:gb:M1531)---,"
1990.
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.
2 90- 463
1K14N,E DOlk '�TNDium I 4 1190
9 54 N6.002 P.021
USE AORVOMENT
BETWEEN THE CITY OF MIAMI, P'LORIDA AND
SUNSHINE STATE GAMES' COMMITTEE
THIS AGREEMENT made and entered into this day of
1990, by and between the CITY OF MIAMr, a municipal
corporation of the State of Florida, hereinafter referred to as
the "CITY" and the SUNSHINE STATE GAMES FOUNDATION, INC.► a not
for profit Florida corporation, 1330 N.W. 6th Street, Suite Do
Gainesville, Florida 32601, telephone number (904) 336-2120,
(hereinafter referred to as "USER").
R Is' c I T A L:
In consideration of the covenants and agreements hereinafter
set forth, the CITY doen 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 FAC.II,ITY to be entered upon or into for the
purpose of presenting the opening ceremonies for the 1990
Sunshine State Games, hereinafter referred to as the "EVENT", and
for no other purpose whatsoever.
1. Use Period/EVENT Dates The use for the EVENT shall be
during the period-aammencing on Monday, July 9, 1990 and
terminating at 12s00 noon on Saturday, July 14, 1990,
hereinafter referred to as the "USE PERIOD". Said period
shall include setup, dismantle, and rehearsal times,
subject to the approval of the Director of Conferences,
Conventions, and Public Facilities (hereinafter referred to -
as the "DIRECTOR") or designee. The EVENT shall be held on
Friday, July 13, 1990.
2. Use Fee: Pursuant to Resolution No. , adopted by
thin City Commission on t e use fee for the
EVENT shall be waived. Sa d use may be subject to any
additional conditions imposed by the CITY, which may include
the USER entering into a grant agreement with the CITY.
a. Suraha_rges There shall be no admission cost or donation for
entry required for said EVENT, therefore, tic%e:t surcharge
is not applicable to this agreement.
4. Payment for Additional >Servicest USER shall pay to the
CITY, on demand, suc 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 L0'of
.his Agreement.
5. Damage Rpairs USER shall pay to the CITY the cost of any
re'17a r, rehaVilitation, 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.
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6. Forfeit for Cancellation: All
advanced sums,
or advanced
psgyments
or sery ;es —shall be
forfeited if,
through the
fault or
action of the USER, the EVENT is not
held within
the dates
and times contracted.
7. Gate O.penin C and Times of Performance Gates are to be
opened ateasttwoiiour� p� roe o t e start of the 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.
$. Prohibited Items: USER agrees to include in its advertising
fiat bottoms 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.
9. Condition of FACILITY: CITY represents and warrants that
n—e'FMETTY anF IE 7xtures and furnishings will be olean,
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,
10. Items Furnished by CITY: CITY agrees to furnish, at its
expense, exoept'as may be otherwise provided herein, use of
the FACILITY at no charge, stadium personnel, cleanup and
disposal services, field lighting and light for ordinary
use, water for all reasonable purposes and restroom
supplies, and other pormal related expenses.
11. Restriction for Playing Field:' USER agrees to restrict all
ve5161:5 TroW -the grass and playing field. Any- exoeution to
this restriction may only be granted by the Grounds and Turf
Manager for the FACILITY.
12. Facility -Rules: USER acknowledges that it has read the
IlRules ana Relations for Use of City of Miami Municipal
Facilities" which are attached -to the "Application for Use
of City of Miami Municipal Facilities"p 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.
13. 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.
14. Ri ht of En__t�rr �►y►: The CITY reserves the right to enter upon
The FACILITY remises at any time during the USE PERIOD as
it deems necessary.
15. EVENT Staff and Supplies Furnished by USER: USER shall
urnissi, at i s sole cost and expense, police personnel,
fire department personnel, 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
personnel, supplies and consumable goods necessary for the
production of the EVENT.
16. Union Raguirements: USER shall ensure compliance with all
neaessa�ry union requirements (if applicable) in connection
with the personnel and service* 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 persons�el or
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services
used in connection
with the EVENT and
shall assist
USER in
complying with such
agreements.
17• Fire Safety and Personnel: USER shall provide a diagram of
Chepropos- proposed E1V - 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 the EVENT
shall be as stipulated by the Fire Marshal and approved by
the DIRECTOR or designee.
18, Police , ,r ,aSe�� R , 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 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 $hall 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
aiT a fects mme-Ta`tely after the USE PERIOD has ended,
which shall be completed not later than 12:00 noon on
Saturday, July 14, 1990. 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,
at the rate of $1,000 per day, for each day or part of a day
that said effects remain in or on the grounds of the
FACILITY after the end of the USE PERIOD, unless otherwise
permitted by the DIRECTOR or designee.
20. Parkin
a. he CITY shall furnish its normal and customary event
parking facilities for public parking. The CITY will
provide adequate personnel to man such parking
facilities, at its own cost and expense.
b. The CITY agrees that charges to the public for parking
on CITY property shall not exceed the usual and
customary charges for such parking, and provided that
such charge is sufficient to ensure that total parking
revenues are not less than the cost of operating the
parking facility for the EVENT. The parking charge to
the public shall be three dollars 03.00) for this
EVENT. The CITY shall be entitled to 100$ of all gross
receipts from parking charges.
of 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.
d. CITY will provide USER with approximately 325 parking
spaces (lot E-1) at no charge, for use by participants,
officials and employees whose presence is required for
the EVENT.
21. Concession Ri_aht_s: 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
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90— 463,
►F-W46f E11014L :Jk[111A1 1-EV '0S-►.7.4 , 1 1May .90 9:50 No .QR2 P.f're-5
merchandise depicting the EVENT and/or performer(s) or
player(s), limited to T-shirts, buttons, hats, other
apparel, records, tapes, photographs and posters. Such items
offered for sale to the public are subject to the advance
approval of the DIRECTOR or dcnignee. The sale of food or
beverages by the USER is strictly prohibited.
22. Indemnification: The USER shall indemnify and save harmless
orever Viii C Y, and all the CITY's volunteers, agents,
officers and employees from and against all charges or
claims resulting from any bodily injury, loss of life,
ordamage 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 volunteers, officials, agents and
employees; the USER shall further indemnify CITY as to all
costs, attorneys fees, expenses and liabilities incurred in
the defense of any such claims and the investigation
thereof.
23. Risk of L093: The CITY shall not be liable for any loss,
injury o"� amage to any personal property or equipment
belonging to the USER, or to anyone whomsoever, during any
times the FACILTTY 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: Liability Insurance is required of USER and is
EB - 6 feared through the office of the CITY's Law
Department, Insurance Coordinator, 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 must be
acceptable to the CITY in terms of Management Classification
and Financial Category ratings as stipulated by the latest
issue of Sest's Key Rating Code. The CITY is to be provided
with a copy of such insurance policies and a certificate of
same.
25. Default Provision: In the event that USER shall fail to
comply wi eac 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
Me power to enter into this Agreement and to grant and
accept the license herein granted and accepted, as the oase
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.
27. _b_i�ndii_ng Agreement: All terms and conditions of this written
grK Bement shall be binding upon the parties, heirs and
assign*, 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.
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28. Nondiscrimination: UaEH shall not discriminate as to race,
sex, co or, oree , handicap or national origin in connection
with Its performance end/or any operation under this
Agreement.
29. Intent of Agreement: The parties intend that this document
shall b- �e—a License Agreement and that no leasehold interest
is conferred upon the USL•'H.
30. Court Costs and Attorneys' Fees: If it becomes necessary
the tTIT to instit�i .e�proceedings to collect any monies
due it by USER, USE.ft nErees to pay any and all court costs,
reasonable attorney's fees and other expenses incurred in
the collection thereof.
31. No assignment., This Agreement may not be transferred or
assign---ed by USER without the express written consent of the
CITY Manager.
32. Entire Agreement: This instrument and its attachments '
USHMEu e 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
n ng 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:
a ty f ra , c; ty er
Attest:
orporate ecre cry
5-
CITY: THE CITY OF MIAMI, a
municipal corporation of the
State of Florida
Isar o, yManager
USER: SUNSHINE STATE GAMES
FOUNDATION, INC., a Florida
not for profit corporation.
s gna ure
U'FNE name an e
(SEAL)
Df FdGE BOWL '3TRCtIUM T' 30r-E,A3 11C
448yi9f1 q .0C12. P.07
APPROVED AS TO INSURANCE: APPROVED AS TO FORM AND
CORRECTNESS:
naurance anager Zy torn y
APPROVED AS TO DEPARTMENTAL REQUIREMENTS:
QPC-
�--p-a area rec or
Department of Conferences, Conventionsp
and Public Facilities
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iF'HF46E,.EOOL -ITHf,111H TF4V' 1-1 1 `,."rii
CORPORi#TL RESOLUTION
c,6 Poo . Ong P . ny
W11EA)3AS, the Board of Directors of SUNSHINE: STATE GAMES
FOUNDATION, INC., desires to enter into an agreement with the
CITY of Miami for use of the ORANGE BOWL STADIUM; and
WHEREAS, the hoard of Diroc:t.orn of SUNSHINE STATE GAMES
FOUNDATION, INC., has examined terms, conditions and obligations
of the proposed Agreement witli 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, THEREFOItIE, BE IT RESOLVED BY THE BOARD OF DIRECTORS of
SUNSHINE STATE GAMES FOUNDATION, 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 ORANGE BOWL STADIUM in accordance with the contract
document a 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 , 199 .
Attest:
Corporate Secretary Signature
Pr nit or Type Name
CHAIRMAN, Board of Directors
By
`C8- Zinaturej"'
EXHIBIT 1
Print or Type Name
( SEAL► )
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members
Of tW City Commission
e&Z'L�
FROM : Cesar H. Odio
City Manager
BACKGROUND
CA-2
DATE : JUN 1 91990 FILE :
SUBJECT : Resolution
State Games
ceremonies
REFERENCES:
ENCLOSURES:
for Sunshine
opening
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 Sunshine
State Games Foundation, Inc. for the presentation of the 1990
Sunshine State Games opening ceremonies at that facility on July
13, 1990, and authorizing the City Manager to execute a use
agreement for this purpose.
RECOMMENDATION
The Department of Conferences, Conventions, and Public Facilities
has been approached by Sunshine State Games Foundation, Inc.,
which wishes to use the Orange Bowl Stadium for its opening
ceremonies on July 13, 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 Sunshine State Games Foundation, Inc. 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 event sponsor will pay police, fire department
personnel, and ushers. The City will cover its own operating
expenses including, without limitation, event personnel, parking
staff, cleanup, trash removal and field lighting.
Based upon the agreement
25,000 we anticipate that
over 13,500 in addition to
terms and anticipated attendance of
the City will obtain a net revenue of
widespread live television exposure.
90- 403,
i
SUNSHINE STATE GAMES
OPENING CEREMONIES
JULY 13, 1990
ORANGE BOWL STADIUM
REVENUE/EXPENSE PROJECTIONS
Ticket prices:
Surcharge:
Parking:
Concessions:
Minimum Use Fee:
Total days:
Attendance:
GROSS REVENUES
Use Fee
Surcharge
Parking
Concessions
Total Gross Revenues
No Admission Charge
N/A
$3.00
$1.50 per cap
Waived
1
25,000
$ 0
0
7,500
15,788
$23,21W-
CITY PAID EXPENSES
Event Personnel $ 800
Parking Personnel 1,250
Cleanup 3,221
Trash Removal 400
Field Lighting - 3 hrs. 3,750
Total City Paid Expenses <$`9,421>
NET CITY REVENUE
$13,E67
90- 463
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