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HomeMy WebLinkAboutR-90-0458J- 90- 5.51 6/07,/90 R.ESOLUTIOt4 NO. - A RESOLUTION, WITH ATTACHMENT, ESTABLISHING SPECIAL CHARGES, TERMS, AND CONDITIONS FOR THE USE OF THE MIAMI MARINE STADIUM IN SUPPORT OF THE "POPS BY THE BAY" CONCERT SERIES TO BE PRESENTED BY THE PHILHARMONIC ORCHESTRA OF FLORIDA AND THE MIAMI HERALD LEND -A -HAND FUND AS COSPONSORS, TO BE HELD AT SAID STADIUM ON JULY 4, 14, AND 21, 1990; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE FOR14 ATTACHED, WHICH SHALL CONTAIN PROVISIONS FOR SAID SPONSORS' PAYMENT OF ALL PERSONNEL EXPENSES, INCLUDING POLICE, CLEANUP, AND FOR PAYMENT OF APPLICABLE SURCHARGES, SUBJECT TO SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY OF MIAMI. WHEREAS, for the past several years the City of Miami has provided financial_ and other support for the "Pops by the Bay" concert series; and WHEREAS, last year, the City established special charges, terms, and conditions for said concert series by adoption of Resolution No. 89-573 on June 7, 1989; and WHEREAS, said concert series will be conducted again at the Miami Marine Stadium on July 4, 14, and 21, 1990; and WHEREAS, in lieu of direct financial aid, the City again wishes to establish special charges, terms, and conditions for the 1990 concert series; and WHEREAS, it is recom,-nended that the use fee be waived for the concert series, but that said sponsors pay all personnel expenses, including police, cleanup, and applicable ticket surcharges required in accordance with Ordinance No. 10439, as amended; and WHEREAS, City would pay the tent rental. expense; and WHEREAS, said sponsors shall not be limited in the distribution of complimentary tickets for promotion of the concert series; and WHEREAS, Section 53-118 (C)(5) 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 staixium; _—ATTACHMEN CITY COMMISSION MEETING OF K3 t-401,1, T1117REFOP.E, BE IT RFS0TXF,,T) T3Y THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 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 Marine Stadium in support of the "Pops by the Bay" concert series to be presented by the Philharmonic Orchestra of Florida and the Miami Herald Lend -A -:land Fund, to be held on July 4, 14, and 21, 1990. Section 3. The City Manager is hereby authorized to execute the attached use agreementl/, in substantially the form attached, between the City of Miami and the Philharmonic Orchestra of Florida, Inc. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 7th day of PREPARED AND APPROVED BY: A. QUINN J I I I DEPUTY C?T TORNEY APPROVED AS TO FORM AND CORRECTNESS: `4TOR E L. FE 1ANDEZ CIT ATTORIJ Y une 1.__1_990. ER L. MAYOR 1/ 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. rl J.JST? AC R .EVENT I3FTWEF:N TITS, CITY OF t-ITAMI , FLORIDA AND PITTLFIARMONIC ORC:HESTR4 OF FLORIDA, INC. THIS Agreement made and entered into this ______ day of 1990, by and between the CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter referred to as the "CITY" and PHILHARMONIC ORCHESTRA OF FLORIDA, INC., a Florida not -for --profit corporation, with its principal office located at 1430 North Federal Highway, Ft. Lauderdale, Florida 33304, telephone (305) 945-5180, 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 Miami Marine Stadium, hereinafter referred to as the "FACILITY", the said FACILITY to be entered upon or into for the purpose of presenting the 1990 Pops by the Ray concert series, hereinafter referred to as the "EVENT(S)". 1. Use Period: Said use for the EVENTS shall be permitted for the periods commencing at 8:00 pm. and terminating at or before 12:00 midnight on Wednesday, July 4, Saturday, July 14, and Saturday, July 21, 1990, not including setup and dismantle times. Setup shall comence no earlier than 7:00 a.m. on the days prior to the EVENTS and dismantle shall begin immediately upon the conclusion of EVENTS and conclude within a twenty-four hour period, unless otherwise mandated by the Director of Conferences, Conventions, and Public Facilities Department, hereinafter referred to as the "DIRECTOR%', or designee. The above hours of use, including setup and dismantle times, shall hereinafter be referred to as the "USE PERIODS)". 2. Use Fee: Pursuant to Resolution No. adopted by the City Commission on , the use fee for the EVENT shall be waived. Said use may be subject to any additional conditions impposed by the CITY. 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 Season passes which permit patrons to attend multiple EVENTS shall be assessed a surcharge of 1.00 multiplied by the number of EVENTS to which its bearer is permitted admission. USER shall record collection of the surcharge and shall list such revenue as it separate item in the statement of accounts for each EVENT. Ticket surcharge revenue shall be paid upon demand, and/or as soon as possible after the conclusion of: each EVENT, in accordance with City Code provisions and the terms of this Agreement. 90- 458 . Payment for A(W .t i ona l Services! TISF,P sha l 1 pay to the CITY, on (leTnand, si1ch sum or Rt_zms as may 1)e clue to said CITY for additional services, accommodations or materials _ furnished to said USER for the EVENTS. 5. 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. 6. 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 the EVENTS. 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 USER to other parties. 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 during the USE PERIODS. 8. Audit Rights: a. ` CITY reserves the right to audit the records of USER at any time during the performance of this Agreement and for a period of three years after the final payment is made under this Agreement. b. If so requested by CITY, USER shall submit to the DIRECTOR, or designee, an independent audit by a certified public accountant. Said audit must include the expression of an opinion as to the actual and budgeted receipts and expenditures of the funds for said EVENT. Said audit shall be submitted to the department no later than sixty (60) days after receipt of CITY's request. 9. Complimentary Tickets: USER shall furnish to the DIRECTOR or designee two hundred (200) complimentary tickets for each EVENT for the purpose of promoting the CITY and the FACILITY for future events. USER shall not be limited as to the number of complimentary tickets it may distribute. 10. Gate Opening and Times of Performance: Gates are to be opened at, least two hours prior to the start of the EVENTS. 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. 11. 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. 12. 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 EVENT. USER agrees to accept said FACILITY in an "as is" condition at the start of the USE PERIODS. 13. Utilities, Items Furnished by CITY: CITY agrees to furnish, at its expense, except asinay be otherwise provided herein, a tent for the barge, light for ordinary use, water for all reasonable purposes, restroom supplies and nothing else. - 2 - 9d--- 458 14. Fac.i1. i.ty Ru1 es ; IT S }=,R aC�:rtc>�71 ndr�cg that it 11a7, t-ear3 1-11e "Rul_eg anti Rr'q�11.,-1tio11s for Use of City of P91ami- fIIII-IICipal. 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. 15. 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. 16. Right of Ent -. The CITY reserves the right to enter upon the FACILITY premises at any time during the USE PERIODS as it deems necessary. 17. 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 Tat 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 upon request. Said license(s) are required in accordance with Chapter 31 of the Code of the City of Miami. 18. BMI/ASCAP Licenses: Upon request, USER will provide to the CITY a copy of the blanket BMI and/or ASCAP license which it has obtained in connection with the EVENTS. USER represents and warrants that all BMI and ASCAP fees for the EVENTS will be paid by USER and further agrees to indemnify and hold the CITY harmless from any and all claims, losses, or expenses incurred with regard thereto. 19. CITY Staffing: If required in the estimation of the DIRECTOR, or designee, CITY will provide CITY personnel, including without limitation, Event Supervisor, office attendants, electricians, stadium assistants, groundskeepers, elevator operators and others necessary for the proper operation of the EVENT. USER 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 USER by the DIRECTOR or designee at least 72 hours prior to the USE PERIODS. If staging and/or other structures are to be erected after normal CITY working hours, USER shall additionally pay for the services of a groundsman who will be assigned for the required off -duty period. 20. 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. 21. Fire Safety and Personnel: USER shall provide a diagram of 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 each EVENT shall be as stipulated by the Fire Marshal and approved by the DIRECTOR or designee. The USER shall be responsible for the payment of Fire Department services. - 3 - 90- 45S 22 . Pol_ i__ce Snciir a.. The DIRECTOR, or. Oesignee, af_tel. Ell 1.1, (1isc17SSi_01wit:.11 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 deemed necessary for 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 each EVENT. b. If, during the course of the EVENT, the EVENT Police comander determines that security for the EVENT is insufficient for proper crowd control, he may summon additional officers in sufficient numbers to effectively control the situation. The USER will assume the responsibility of paying for the services of these additional officers. If such additional officers are already on duty, payment shall be made at their normal hourly rate of pay. If such additional officers are off -duty, payment shall be made at the overtime rate of one and one-half times the normal hourly rate. Total compensation to such off -duty officers shall be the greater of the following: four hours' minimum compensation, or, compensation for the actual time devoted to the EVENT problem, including time spent booking prisoners and the like. 23. Clean-up and Dismantle: a. USER agreestopay directly for the cleaning contractor to clean the FACILITY after the USE PERIOD has ended. If the FACILITY is not properly cleaned to the CITY's satisfaction, the CITY has the right to order additional cleaning of the FACILITY and to invoice the USER for such additional cleaning. The hauling of the trash from the FACILITY shall be performed by the CITY's Solid Waste Department, and the USER is responsible for the payment of such trash disposal fees as are established by the CITY. b. USER agrees to tear down and remove all USER effects immediately after the USE PERIOD has ended, which shall be completed no later than twenty-four hours after the conclusion of the EVENT. 24. Placement and Removal of USER Effects: USER will be responsible to install whatever lighting, staging, props, and/or structures are required for the conduct of the 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 each 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 each USE PERIOD, unless otherwise permitted by the DIRECTOR or designee. 25. Concession Riqhts: It is understood that concession rights for all events at the FACILITY belong to the CITY. 26. 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, and provided that such charge is sufficient to erasure that total parking revenues are not less than the cost of operating the parking facility for the :VENT. The CITY shall be entitled to 100% of all gross receipts from parking charges. - 4 - 901-~ 458 r_ . If park, i ng revenue i.s less, tlian CITY' s cost, tben t::he i1f;FR sbal_1 r.ei.mNir.sa the C:JTY for the di.f-feronce, i.n accordance with applicable CITY Cede provisions. 27. 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. 28. 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 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 and, in particular, during those hours of the USE PERIOD when the FACILITY is not open to the general public. 29. Insurance: Liability Insurance is required of USER and is to be cleared through the office of the CITY's 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. 30. 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. 31. Assurances: Each party represents to the other that it has the power to enter into this Agreement and to grant and accept the license herein granted and accepted, as the case may be, and that the consent of no other person or entity (governmental or otherwise) is required in connection therewith, except as otherwise provided in this Agreement and that this Agreement constitutes a valid and binding obligation of such party, enforceable against such party in accordance with the terms hereof. 32. Bindinq A reement: 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. 33. Nondiscrimination: USER agrees that it shall not discriminate as to race, sex, color, creed, handicap or notional origin in connection with its performance and/or any operation under this Agreement. 5 U�- 458 34. Tnt ent of Acj r-oment_: The t,ar. t_ _es intend c hat- this r7or_jamPt7t: shall be- a License Agreement n(l that no leasehol(l interest is conferred uj?on the TISER. 35. 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. Venue in any litigation or arbitration proceedings entered into as a result of this agreement shall be in the Courts of Dade County, Florida. 36. Nonassignment: This Agreement may not be transferred or assigned en den d by USER without the express written consent of the CITY Manager. 37. 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 if its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 38. Amendments: No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto have individually and through their proper corporate officials executed this Agreement the day and year first above written. ATTEST: Matty Hirai, City Clerk ATTEST: Corporate Secretary CITY: THE CITY OF MIAMI, a municipal corporation of the State of Florida: Cesar H. Odio, City Manager USER: PHILHARMONIC ORCHESTRA OF FLORIDA, INC., a not -for - profit Florida corporation signature print name title (SEAL) 90- 458 n- APPROVF,n AS TO T. SUPANCE . Segundo Perez � - Insurance Coordinator APPROVED AS TO FOPM AND CORRECTNESS: Jorge L. Fernandez City Attorney APPROVED AS TO DEPARTMENTAL REQUIREMENTS: Vk (I---- Tony Pajares, Director Department of Conferences, Conventions, and Public Facilities - 7 - 94- 458 r CORPORATE RESOLUTION WHEREAS, the Hoard of Directors of PHILHARMONIC ORCHESTRA, OF FLORIDA, INC., desires to enter into an agreement with the CITY of Miami for use of a portion of the MIAMI MARINE STADIUM; and WHEREAS, the Board of Directors of PHILHARMONIC ORCHESTRA OF FLORIDA, INC., has examined terms, conditions and obligations of bthe 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 PHILHARMONIC ORCHESTRA OF FLORIDA, 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 MIAMI MARINE 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 Attest: Print or Type Name (SEAL) Corporate Secretary Signature' Print or Type Name EXHIBIT 1 90- 458 Lend -A -Band Fund, Inc. One Herald Plaza Miami, Florida 33132-1693 (305) 376-2910 May 22, 1990 Cesar Odio, City Manager City of Miami 3500 Pan American Drive Miami, FL 33231 Dear Cesar: On behalf of Pops -by -the -Bay, a non-profit organization, we are requesting a personal appearance at the June 6 City Commission meeting for the purpose of asking for a waiver of the rental fee at the Miami Marine Stadium. The purpose of the use of the stadium is for the 1990 Pops -by -the - Bay concert series: Wednesday, July 4 - Marvin Hamlisch Saturday, July 14 - Dionne Warwick Saturday, July 21 - Tony Bennett As in previous years, the City of Miami is listed as a co-sponsor. (See attachment). As a continuing co-sponsor of Pops by the Bay you will enjoy the following benefits: m 1) The City of Miami will be listed as a co-sponsor in all publicity for the concert series. This includes over $100,000 in Herald advertising, $25,000 in radio advertising and over $25,000 in television advertising. 2) The City of Miami will be listed as a co-sponsor in the concert program for each Pops concert and be recognized on stage at each concert; 3) A banner with the City of Miami logo will be displayed at the Marine Stadium for all three concerts; and 4) The City of Miami will receive 200 free tickets for each Pops concert. It has been a pleasure working with the City of Miami, as a sponsor of these concert series for the past five years and we will look forward to your continued commitment. Sincerely, Sam Verdeja SV; j c 90 - 458 Attachment S The Mi'm'i Herald - presents A h& Pops by the Bay. It's Miami's very own celebrated Summer spectacular of music .... Each year thousands cheer to the sights and sounds at Marine Stadium....This year share the applause with family and friends! It's the Miami skyline and soft cool breezes. By boat or car you're never far from the sound of music .... It's family fun for everyone.... Enjoy a tasty treat from "Eat Street"....Watch the sunset make way for the Moon over Miami.... It`s fireworks and the rousing "1812" Overture with over 100 Philharmonic musicians on stage. —It's Miami's own Pops by the Bay.... A July Spectacular! wednes.lay, July 4, 1990 His music, wit and style have thrilled audiences around the world. From his 'Rent•a Composer' secnon, corn paingg music from titles auggestr� by the a.dienc.., to conducting boat hcsms in dw bay, Hamlisth's show will leave yc.0 clamoring Fcx more. A perfect Fourth of )u1y treat! Saturday, July 14,1990 She's sold millions of records rhrou out her distingg� fished career. The first lady of po uiar music joins the Philharmonic for a very sQecial evening of music and memories. Capture the tragic! TONYBENNETr satutds:y, July ,71.1990 One of the great pop singers of out time. A master of delivery and a legendary performer, Tony Bennett sings straight to the heart. Come hear a legend!