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HomeMy WebLinkAboutR-90-0355C i� J-90-294 03/29/90 RESOLUTION NO. 90— 355 A RESOLUTION, WITH ATTACHMENT, ESTABLISHING CHARGES, TERMS AND CONDITIONS FOR THE USE OF BOBBY MADURO MIAMI BASEBALL STADIUM BY AMERICAN CRICKET PROMOTIONS, INC., FOR THE PRESENTATION OF AMATEUR CRICKET MATCHES MAY 26 - 28, 1990; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A USE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND SAID ORGANIZATION FOR THIS PURPOSE. WHEREAS, the Department of Parks, Recreation and Public Facilities is responsible for the operation of the Bobby Maduro Miami Baseball Stadium and seeks to secure the presentation of various sporting and other everts at said faci.li_ty, and WHEREAS, American Cricket Promotions, Inc., a for. -profit New York corporation, wishes to use said Stadium for a series of amateur cricket matches on May 26 through 28, 1990; and WHEREAS, said sponsor has agreed to pay a flat use fee of $500 per day plus applicable taxes, ticket surcharge and expenses; and WHEREAS, the City Code does not presently provide a fee for the presentation of amateur sports by for -profit organizations; and WHEREAS, the Di.r.ector of the Department of Parks, Recreation and Public Faci.li.ties and the City Manager have determined that the standard use charges, terms and conditions specified in the City Code for amateur sports presented by nonprofit groups are appropriate for the subject evert and recommend approval of same; and WHEREAS, the Department of Parks, Recreation and Public Facilities has prepared a Use Agreement for the City Manager's signature which delineates the various charges, terms and conditions for said use; and WHEREAS, the recommended charges, terms and conditions of the proposed use will not have an adverse affect on the revenues i of said f.aci_1.i.ty but will assist i.n securJ.nq signi.f.icaT-.t additional revenues to the City in the form of added stadium use fees, surcharge, parking and concession revenue; 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: Section I. The recitals 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 charges, terms and conditions as set forth in the attached agreement for use of the Bobby Madu.r.o Miami_ Baseball Stadium by American Cricket Promotions, Inc. are hereby established for said or.gar.izati.or.'s presentation of amateur cricket matches May 26 - 28, 1990. Section 3. The City Manager is hereby authorized to execute a Use Agreement 1/, in substantially the attached form, between the City of Miami and Amer.i.can Cricket Promotions, Inc. Section. 4. This Resolution shall become effective immediately upon its adoption.. PASSED AND ADOPTED this 24th day ofNfty 0. ` XAVIER L. S A EZ =`f MAYO R -11 V ATT i t *11IRAI, e MATTCITY CLERK The herein authorization is futher subject to compliance with all re that may be imposed by the City Attorney, including but not limited to those prescribed by - applicable City Charter and Code Provisions. /'£- 'N SLA W, PREPARED AND APPROVED BY: ,AIJEJANDRO VILARELLO CHIEF ASSISTANT CITY ATTORNEY -3- APPROVED AS TO FORM AND CORRECTNESS: lel. J0'RGE L. 4ERNANDEZ C TY ATTOINEY 90- q-qq t1Sl; 1\C;T'..h;i�P�11;N1' TTETWEEN THE C1,TY nF MTAHT, T11,0PTIDA AMD AtJ1E1RTC1\1d CRICKET TIZOrI7TIONS, INC. THIS AGREEMENT made and entered into this day of 19 , by and between the CITY OF MIAMI, a municipal corporation of: the StaLe of Flor. id i, hercinafter referred to as the "CITY" and AMERICAN CRICKET PROMOTIONS, INC., a for profit New York corporation with iLs pr:i.ncipal office located at 102-32 86t1i Avenue, Richmond iiil..l, New York 1.1.418, telephone number (718) 805-2469, hereinafter referred to as the "USER". R I. C 1. 'r It 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 mun.ici.pal facility of the CITY known as the Bobby Maduro Miami Baseball. ;stadium, hereinafter referred to as the "FACILITY", t:he said FAC11,I'TY to be entered upon or into for the purpose of presenting amal--cur c.rickeL games, her.ei.naf:ter referred to as the "EVT,NT(S)", and for no other purpose whatsoever. 1. Use Period: Said use for the EVF,NTS shall be permitted for the period commencing at 12:00 p.m. on Saturday, May 26, 1990 and terminating at 6:00 p.m. on Monday, May 28, 1990, not including set up and dismantle times. Set up shall commence no earlier than 7:00 a►n on tale day prior to the EVENTS and dismantle shall begin immediately upon the conclusion of the EVENTS and conclude within a twenty-four hour period, unless otherwise mandated by the Director of Parks, Recreation, anti Public Faci.Ii.ties 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: Five Hundred Dollars ($500.00) flat. use fee per EVENT day, plus 6% State of Florida use Lax, hereinafter referred to as the "USE FEE". 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 pai.,l admission. The -:mount 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 $1.5.01 and Over $1.00 USER shall record collection of the surcharge and shall list such revenue as a separaLe item in Lite statement of accounts for each EVENT. Ticket surcharge revenue shall be paid upon demand, and/or as soon as possilale after the conclusion of each EVENT, in accordance with City Code provisions and the terms of this Agreement. tl eli' (>l1, YA. 1 0- 355 4 . t'aymetit for A(M i t i onal „ �f?rvi.e_en : itSEP slta II }ga_h y t<-) te CITY, on demand, gttch Sttm ()r :--alma as tnay 1)n dun to sn i.rl CITY for add1ti_onaI services, ac:c.omanodat=ions or material furnished to said tISER for the EVENTS. 5. Dama e Repair- USER shall- tray to the CITY the reasonable cost of_ anv repair, rehabi.li.t.at-Jon, damage correction, replacement or rest tora t i.on 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. Payments Due: The USI FEE and applicable taxes for all EVENT days shall. be paid at the time of the signing of this agreement by USER or. ten (10) days prior to the first EVENT, whichever is sooner. Any other sums due CITY pursuant to this Agreement, including the ticket: surcharge and personnel expenses, shall be paid immediately after the conclusion of. each EVENT and prior to the immediately ensuing EVENT. 7. Demand for Payment: The CITY, through the DIRECTOR or designee, gnee, at i.ts 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. The DIRECTOR or desi!Inee 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. B. Forfeit for Cancel.lztio_n: All advanced sums, or advanced payments for services shall. be forfeited if, through the fault of the USER, the EVENTS are 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 under this Agreement. b. If so requested by CITY, USER shall submit to the Department of Parks, Recreation, and Public Facilities 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(S). Said audit shall be submitted to the department no later than sixty (60) days after receipt of CI`I'Y's request. C. At CITY's request, USER shall furnish a copy of its most recent Federal Income Tax return. 10. Gate Openin and Time of, —Performance: Gates are to be opened at least two hours prior to the start of each EVENT. All advertising shall. indicate the gate opening time. The CITY reserves the right to open gates or adjust gate opening time as it deems appropriate. 11. Prohibited Items: USER agrees to include in its advertising that bottles and cans cannot be hrouglht 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. 12. Condition of FACILITY: CITY represent, and warrants that the rACILITY 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 PERIOD. 13. Utilities, ,Items _Furnishe'd 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. 2 ^ 90- 355 1-4. R(ist:ricti.on for Plying T i-ld: U;i R agrees t_o restri.c-t a11. vehicles from t.hfl grass, and ptayi.ng field. Tiny exception r this restriction may on1.y bO granted by the Grounds and uf Manager for the FACTLI'rY. 15. Facility Rules: USER acknowledges that it has read the 'Rules and Regulations for Use of City of Miami Municipal Facilities" which are attached to Lhe "Application for Use of City of Miami Municipal Facilities", Lliat he or she fully understands said rtiles and regulations, and that by the execution of this Agr_eemett, USER certifies that it shall abide by each and every rule and regitlati_on set out therein without the need to have said Rules and Regulations repeated in this Agreement:. 16. Authority: USER agrees that any matters not herein expressly provided for in this Agreement sliall be provided at the discretion of the CITY Manager or his designated representative. 17. Right of Entry: The CITY reserves the right to enter upon the FACILITY at any time during the USE PERIOD as it deems necessary. Ia. 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 tlanagement, 3006 Aviation Avenue, Miami, Florida. Said l.icensr(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. lg. 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. USER shall also furnish, at its sole cost and expense, all game officials and gamefield personnel, and all supplies and consumable goods for the sideline areas, locker rooms, game officials' room, including without limitation, ice, soft drinks, towels, and soap. 20. CITY Staffing: if required i.n the estimation of the DIRECTOR, or designee, CITY will provide CITY personnel, including without limitation, Event Supervisor, office attendants, electricians, sound technicians, stadium assistants, groundskeepers, elevator operators, and others necessary for the proper conduct 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 rater; of pay, shall be furnished to the USER 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, USER shall additionally pay for the services of a groundskeeper who will he assigned for the required off -duty period. 21. Union Re( uirements: USER shall ensure compliance with all necessary union requirements (if applicable) in connection with the personnel and services engaged for presentation of the EVENTS. The CITY shell use its rest effort to inform USER of the terms of any trade or employee union agreement, written or oral, affecting all relevant, personnel or services used in connection with the EVENTS and shall assist USER in complying with such agreements. 3 - 0- 355 2.2. F .re_ ,,if.er,yu USER steal 1 l,rnvirin a (I 'Igram nr. the Ito i()red EVi NT l.ayaut� t_o th*' office of Pi_1:n Pr event.ion, 27 i 11d.W. 2nA Str,?et, Miami, rI and obtain permir.s r(-_g11i.red by the Code of the CITY of Miami, relative i:o firr' safety. Fire -_ Department-- manpower roc_itri.rement:.s for each EVENT shall- be as stipulated by the rise Marshal anal approved by the DIRECTOR _ or designee. The L3SER shall 1 1 be r(- ,L�ranr; i bl e for the payment of fire Department:. services. 23. Police Securitya a. ThP —DIRECTOR, or klesi.gnor, after fiull. discussion with the IISER as to the type of event: and related -acti.v.it.ies, will contact the CITY's Police Department to nscer tain t-he level. of Police! arid/or other security staffing necessary for adequate crowd control., traffic circulation and safety and/or other required security prior to, during .and after the C,VI,NT (S) . USER shall be responsible for the di.r(-ct: pnyrnent of designated Police sand security services upon the conclusion of each EVENT. b. If during the course of Lite 1'VENT, the EVENT Police commander determines that security for the EVENT is insuf. f iei.ent For proper crowed control, he may summon additional officers i_n sttffi.cient numbers to effectively control the sit-uati.on. The USER will assume the responsi.bi_l.i.ty 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. 11 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: tour hours' minimum compensation, or, co:npr_nsat.ion for the actual. time devoted to the I V1;NT problem, including time spent booking prisoners rind the like. 24. Clean-up and Dismantle: a. USER agrees to pay for a cleaning contractor to clean up the FACILITY after each EVENT day has ended. If the FACILITY is not properly cleaned, the CITY has the right to order the cleaning of the site and charge the USER for the cleaning. The hauling of the trash from the FACILITY may only 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 last EVENT bas ended, and shall be completed not later than twenty-four Hours after the conclusion of the last EVENT. 25. 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 VERIOD at the expense of the USER, or the CITY may charge storage, at the same rate stated in Paragraph 2 of this Agreement, for each clay or part of a day that said effects remain in or on t:he grounds of the FACILITY after the end of the USE PERIOD. 26. Concession RiIt is understood that concession rights for all evetits at the 1ACILITY belnnq to the CITY. 27. Parkit� It is understood that all parking revenue belongs to the CITY. 28. Indemnification: Tho USER shall. indemnify and save harmless forever the CITY, :�tnd all titc� CITY's agents, Officers and 4 90- 355 employees from and againsI., al l eh')rtic,s r)r clai.tns resu1.ti.n from any borli_ly i.nj►►r.y, of 1 ife, ov- (lamaqe to Property, f-r.om any act., omission ()r neg1.er.t, by i.tseIf or i_t.s employees; the USER shal_1 become defendant. in every suit brought for any of such c<a►►ses of action ig-li.nst- the CITY or the CITY's officials, agents and employees; the USER shall further indemnify CrPY as t.o al.i. costs, at:torney's fees, expenses and liabilities incur. reel in tire. defense of any such claims and the i.nvesti_rlation t:he.reof-. 29. Risk of Loss: The CITY shall not he liable, for any loss, bodily injury or damage to any personal. property or equipment of. the USER, or anyonr, whomsoever, during any times the premises are under t:he control_ of and occupied by the USER. All personal property placed or moved on the saffiject premises 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 on the premises during the USE V11JRI01), including setup and dismantle times and, in parti.cular, during those hours of the USE PERIOD when the FACITJTY i.s not open to tile- general public. 30. Insurance: Liability Insurance is required of USER and is Co— be cleared through the office of the CITY's Law Department, Insurance Manager, One Southeast 3rd Avenue, Miami, Florida, telephone 579-0700.. 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: i`lanagement- Classification and Financial Category ratings as stipulated by the latest issue of Best's hey Rating Code. The CITY is to he provided with a copy of such insurance policies and a certificate of same. 31. 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 de-_fa►.ilt of the provisions herein contained, shall be forthwith retained by CITY. 32. 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 anti 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. 33. Binding Agreement: All terms anti 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. 34. 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. 35. Intent of _Agreement: The parties intend that- this document shall be --a License Agreement and that r►o leasehold interest is conferred upon the USER. - 5 - 90- 35 36. Cottrt Crysts nnci Att-orneys' i'crs : T f i t: ►,ecomPs necessary for_ the CITY i-6 institute t.oceedi.rtgs t_.o cot i.ect any tn0ni.es due -it by USER, USER agree^ to I -)ay Any .anct , -1_ court costs, reasonable attorney's fees and other expenses incurred in the collection thereof . USER agrees that venue in any litigation and/or abi.tration arising from this Agreement shall be located within Dade County, Flora.da . 37. Nonassignment: This Agreement may not be transferred or assigned by USER without: i:be express written consent of the CITY Manager. 38. Entire A r.eement: 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 expr.essl.y set forth in this Agreement are of no .force or effect. 39. Amendments: No amendments to this Agreement shall be binding on either party unless in writing and signer] by both parties. IN WITNI•,SS WHEREOF, tile parties hereto have individually and through their proper corporate off i.ci.aIs executed this Agreement the day and year first above writLen. ATTEST : Matty Hirai, City Clerk Corporate Secretary APPROVED AS TO INSURANCE': Segundo Perez Insurance Coordinator CITY: 'rill, CITY OF MIAMI, a r1uni.cipal corporation of the State of Florida: Cesar 11. Odio, City Manager USER: AMERICAN CRICKET PROMOTIONS, INC., a for -profit New York corporation signature-T �pritat flame and. title (SEAL) APPROVED AS TO FORM AND CORRECTNESS : Jorge Fernandez City Attorney APPROVED AS TO DEPARTMENTAL, REQUIREMENTS: - Alberto Ruder, Director DepartmentDepartment of Parks, Recreation and Public Facilities 6 - DO- 355 5 CORPORATE RrSOT.,ITT f ON WHEREAS, the Board of Directors of AMERICAN CRICKET PROMOTIONS, INC. desires to enter into an agreement with the CITY of Miami. for use of the BOBBY MADURO MIAMI BASEBALL STADIUM; and WHEREAS, the Hoard of Directors of AMERICAN CRICKET PROMOTIONS, 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 AMERICAN CRICKET PROMOTIONS, 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 Attest: Corporate Secretary Signature Print or Type Name 19 CHAIRMAN, Hoard of Directors By — Signature r Print or Type Name EXHIBI`P I (SEAL) 2 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and Members To of the City Commission FROM Cesar H. Odio, City Manager DATEI� J i I�J� FILE Resolution for Cricket Matches SUBJECT at the Baseball Stadium REFERENCES ENCLOSURES RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached resolution establishing charges for the use of the Miami Bobby Maduro Baseball Stadium by American Cricket Promotions, Inc. for the presentation of cricket matches at that facility on May 2.6 thru 28, 1990, and authorizing the City Manager to execute a use agreement for this purpose. BACKGROUND: The Department of Parks, Recreation and Public Facilities has beer: approached by American Cricket Promotions, Inc., which wishes to use the Baseball Stadium for two cricket matches on May 26 and 27, 1990, with May 28 as a rain date. This is a for - profit organization presenting an amateur sport, and existing provisions of the City Code do not provide fees for this situation. Because of its amateur status, the Administration recommends that the use fee be set at $500 per day, the fee normally charged for amateur, nonprofit events. The event sponsor will additionally pay all customary fees and expenses, including the ticket surcharge and personnel costs. Based upon an estimated attendance of 1000 persons per event, we anticipate a net revenue to the City in excess of $5,900, as shown on the attached table. C43.-a -/ 90 - 355 AMERICAN CRICKET PROMOTIONS, INC. MAY 26-27, 1990 MIAMI BASEBALL STADIUM REVENUE/EXPENSE PROJECTIONS Ticket prices: Surcharge: Parking: Concessions: Minimum Use Fee: Total days: Attendance: GROSS REVENUES $25.00, $15.00 $1.00, $0.75 $5.00 $2.00 per cap $500/day 2 1,000 per day Use Fee $ 1,000 Surcharge 1,750 Parking 2,500 Concessions 1,684 Total Gross Revenues 6,934 CITY PAID EXPENSES Parking Personnel <$ 1,000> NET REVENUES $ 5,934 Avg. $20.00 90►- 355