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J-90-405
5/161/90
RESOLUTION NO. 9 0- 359
A RESOLUTION, WITH ATTACHMENT, ESTABLISHING
SPECIAL CHARGES, TERMS AND CONDITIONS FOR THE
USE OF THE ORANGE BOWL STADIUM BY MIAMI
SENIOR HIGH SCHOOL FOR THE PRESENTATION OF
ITS SPRING FOOTBALL JAMBOREE ON MAY 31, 1990;
ALLOCATING AN AMOUNT NOT TO EXCEED $2,000
FROM SPECIAL PROGRAMS AND ACCOUNTS,
CONTINGENT FUND, TO COVER THE TICKET
SURCHARGE FOR SAID EVENT; FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE A USE AGREEMENT,
IN SUBSTANTIALLY THE ATTACHED FORM, AND THE
NECESSARY GRANT AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE
CITY OF MIAMI AND THE DADE COUNTY SCHOOL
BOARD.
WHEREAS, the Department of Parks and Recreation is
responsible for the operation of the Orange Bowl Stadium and
seeks to secure the presentation of athletic events at said
facility; and
WHEREAS, Miami Senior High School wishes to conduct its
Spring Football Jamboree at said facility on May 31, 1990; and
WHEREAS, the Dade County School Board has concurred with
said request; and
WHEREAS, the City Manager and the Director of the Department
of Parks and Recreation have determined that a special "flat" use
charge of $1,750 for said event will provide a community service
to local youth; and
WHEREAS, the school has agreed to cover_ police personnel.
expenses for said event, and the City would be required to -over
all other expenses, including field lighting, stadium personnel
and cleanup; and
WHEREAS, Miami Senior High School has also requested a grant
allocation,
in an
amount not
to exceed $2,000 to
cover
the
applicable
ticket
surcharge
as required by
City
Code
Section 53-1; and
WHEREAS, Section 53-131(C)(7) of the Code of the City of
Miami, Florida, as amended, provides that the City Commission has
(ATTACHMENTS
I CONTAINED
CITY COMMISSION
MEETING OF. , °`
MAY 24 1990
90- 35
Resourr+uw Na. �..,._,..
the right to establish and fix special charges of 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 1. The special charges, terms and conditions as
- set forth in the attached agreement for use of the Orange Bowl --
Stadium by Miami Senior High School are hereby established for
said school's presentation of the Spring Football Jamboree on
May 31, 1990.
Section 2. An amount not to exceed $2,000 is hereby —
allocated from Special Programs and Accounts, Contingent Fund, to
cover the cost of the required ticket surcharge for said game.
Section 3. The City Manager is hereby authorized to
execute a use agreementl/, in substantially the attached form,
and the necessary grant agreementV, in a form acceptable to the
City Attorney, between the City of Miami and the Dade County
School Board.
Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 24th day of May , 1990.
ATT T: XAVIER L. SUAV ,, MAYOR
•
MA TTY HIRAI, CITY CLERK
PREPARED AND' APPROVED ,BY :
r
FlJWDRO V]`LARELLO
IEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FE/RqANDEZ
CITY ATTO
AV:bss:Ml508
The herein authorization is further subject to compliance with
all requirements that may be imposed by the City Attorney as
prescribed by applicable City Charter and Code provisions.
90- 359
USE AGREEMENT
BETWEEN THE CITY OF PITAMT, FLOP DA AND
THE SCHOOL BOARD OF DADE COUNTY, FLOPTDA
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 THE SCHOOL BOARD OF DADE COUNTY, FLORIDA, a
political subdivision of the State of Florida, with its office
located at 1450 N.E. Second Avenue, Miami, Florida 33132,
telephone number (305) 995-1202, hereinafter referred to as
"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 Orange Bowl Stadium, hereinafter referred to as the
"FACILITY", the said FACILITY 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 _Date: The use for the EVENT shall be
during the period commencing at 3:00 a.m. on Thursday, May
31, 1990 and terminating at 11:00 p.m. on that same day,
hereinafter referred to as the "USE PERIOD". Said period
shall include setup and dismantle time, subject to the
approval of the Director of Conferences, Conventions, and
Public Facilities (hereinafter referred to as the
"DIRECTOR") or designee.
2. Use Fee: USER agrees to pay the CITY for the use of said
FACILITY:
One Thousand Seven Hundred Fifty Dollars ($1,750.00) flat
use fee, 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 paid admission. The amount of the
surcharge shall be based on the admission price as follows:
Price. of Admission Surcharge
$1.00 to $5.00 $0.50
$5.01 to $15.00 $0.75
$15.01 and Over $1.00
USER
shall record collection of the
surcharge and shall
list
such
revenue as a separate item in the
statement of accounts
for each
EVENT. `Picket 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.
i
c=
99—
359
r^.
4 . Payment for_Add Additional i ona l ery icy>�:
_ -, t1�;i to t= R Gha I l pay to
CITY, on demand, such sum or sums as may be One to said CITY
for additional services, accommodations, or materials
furnished to said USER which are not part of Paragraph 10 of
this Agreement.
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 EVENT.
6. Forfeit for Cancellation: All advanced sums, or advanced
payments for services 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 Opening —arid Times --of _Performance: Gates are to be
opened at least two hours prior to the start of the EVENT.
All advertising shall indicate the gate opening time 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.
G. ProhibitedItems: 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.
9. 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 PERIOD.
10. Items Furnished_ CITY: CITY agrees to furnish, at its
expense, except as may be otherwise provided herein,
stadium personnel, fire department personnel, cleanup and
disposal services, field lighting and light for ordinary
use, water for all reasonable purposes, restroom supplies,
and nothing else.
r 11. Restriction for Plying Field: USER agrees to restrict all
vehicles from the grass and playing field. Any exception to
this restriction may only be granted by the Grounds and Turf
Manager for the FACILITY.
12. Facility_ Rules: USER acknowledges that it has read the
`Ride's and Regulations for Use of City of Miami Municipal
Facilities" which are attached to the "Application for Use
of City of Miami Municipal Facilities", that he or she fully
understands said rules and regulations, and that by the
execution of this Agreement, USER certifies that it shall
abide by each and every rule and regulation set out therein
without the need to have said Rules and Regulations repeated
in this Agreement.
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. Right of Entry: The CITY reserves the right to enter upon
the FACILITY premises at any time during the USE PERIOD as
it deems necessary.
15. Union Requirements: USER shall ensure compliance with all
necessary union requirements (if applicable) in connection
with the personnel and services engaged for presentation of
- 2 - 90- 359
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.
16. Fire_ Safet 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 the EVENT
shall be as stipulated by the Fire Marshal_ and approved by
the DIRECTOR or designee.
17. Police Security:
a. The DIRECTOR, 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 other required security
prior to, during and after the EVENT. USER shall pay
all police expenses directly to police immediately
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 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.
18. Removal of USER Effects: USER agrees to tear down and remove
all USER effects immediately after the USE PERIOD has ended.
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.
19. Parking:
a. The CITY shall furnish its normal and customary event
parking facilities for public parking. If warranted,
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 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
USFR shall reimburse the CITY for the difference, in
accordance with applicable CITY Code provisions.
20. Concession __Rig its: 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
90- 359
merr_hanc3i.se (lepi_ct:inq iehe 1-WENT and !or 1)erf0rineC r( ) o t-
player. (s) , limited to T-shirt:-s, I-)uttons, hats, other _
apparel., pennants, records, tapes, photographs, posters, and
other novelty items. Such items offered for sale to the
public are subject to the advance ,ipproval. of the DIf1ECTOR
or designee. The sale of fool or beverages by the USER .is
strictly prohibited.
21, Indemnification: USER covenants and agrens that it shall =
nj mnif`y, ^hold harmless and defend CITY, its agents,
officers, and employees, for the hours of use of said
stadium by USER, from and against any and all claims, suits, -
actions, damages, or causes of action arising during the
term of this Use Agreement for any personal injury, loss of =_
life, or damage to property sustained in or about the
premises, by reason of or as a result of USER's use or
occupancy thereof, to the extent of the limitations included _
within Florida Statutes, Section 768.28, subject to the —
provisions in this Act whereby USER shall not be liable to
pay a personal injury or property damage claim or judgement =
by any one person which exceeds the sum of $100,000.00, or
any claims or judgements thereof, which, when totalled with
all other claims or judgements pail by USER arising out of
the same incident or occurrence, exceeds the sum of
$200,000.00, from any and all personal injury or property
damage claims liability, losses and causes of actions which
may arise solely as a result of USER's negligence in its use
of the premises. However, nothing in this section shall
indemnify CITY for any liability or claim arising out of the
negligence, performance or failure of performance required of CITY.
22. 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 FACILTIY 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 tines and, in
particular, during those hours of the USE PERIOD when the
FACILITY is not open to the general public.
23. Insurance: CITY and USER agree to self insure their
respective interests in personal property to the extent each
deems necessary or appropriate and hereby mutually waive all
rights to recovery for loss or damage by any means and waive
all rights to recovery for loss or damage to such property
by any cause whatsoever. CITY and USER hereby waive all
rights of subrogation against each other under any policy or
policies they may carry or on property placed or moved on
the premises.
24. 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.
25. 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.
- 4 - go- 359
26Ri.ndigng Agt-eemen1-: All. terms and c-nndi.t.ions of this written
Agreement sha I he bin(li_ng upon the par_ Lies, 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.
27. Nondiscrimination: USER shall. not discriminate as to race, _
sex, color, creed, handicap or national origin in connection
with its performance and/or any operation under this
Agreement.
28. Intent of Agreement: The parties intend that this document
shall be a License Agreement and that no leasehold interest
is conferred upon the USER.
29. 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.
30. Nona saignm_ent: This Agreement may not be transferred or
assigned by USER without the express written consent of the
CITY Manager.
31. Entire Agreement: This instrument and its attachments
constitute the sole and only Agreement of the parties hereto
relating to the use of the FACILITY and correctly sets forth
the rights, duties, and obligations of each to each other as
of its date. Any prior agreements, promises, negotiations,
or representations not expressly set forth in this Agreement
are of no force or effect.
32. 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:
Witness
CITY: T11E CITY OF MIAMI, a
municipal corporation of the
State of Florida
Cesar H. Odio, City Manager
USER: THE, SCHOOL BOARD OF DADE
COUNTY, FLORIDA, a political
subdivision of the State of
Florida
____.------�-� signature
T^print name
- t t l o
(SEAL)
-5- 90- 359
Ll
APPROVED AS TO INSURANCE:
APPROVED AS TO CORM AND
CORRECTNESS:
Insurance Manager --�- CityAttorney
APPROVED AS TO DEPARTMENTAL REQUIREMENTS:
Tony Pajares, Director
Department of Conferences, Conventions,
and Public Facilities
- 6 -
99- 359
CITY OF r0l/V,11. FI (l 10A
INTER -OFFICE MEMORANDUM
To � t, nATF MAY 1 F,«
Honorable Mayor and 9Qo
Members of the City Commission SuaIE( T •7
Resolution to Set Use Fee
for High School Football
Event at Orange Bowl
FROM . nEFE m w t_S
Cesar H. Odi 11
City Manager ENCL0:u1+E
RECOMMENDATION:
it is respectfully recommended that the City Commission adopt the
attached proposed resolution establishing special charges, terms
and conditions for the use of the Orange Bowl Stadium by Miami
Senior High School for the presentation of its Spring Football
Jamboree on May 31. 1990. The legislation also allocates funds
from Special Programs and Accounts to cover the required ticket
surcharge for said event and authorizes the City Manager to
execute the necessary agreement(s) with the Dade County School
Board for this event.
BACKGROUND:
The Department of Parks, Recreation and Public Facilities has
prepared the attached legislation. Miami Senior High School has
asked to use the Orange Bowl Stadium for a Spring Football
Jamboree on May 31, 1990. Due to the limited funding available
for its athletic program, the school has also requested special
consideration concerning the stadium use fee and ticket
surcharge.
They have offered to pay a flat use fee of $1,750 for the event,
plus City police expenses. All. other costs, including lights,
stadium personnel, and clean-up will be borne by the City. They
have also requested a grant to cover the required ticket
surcharge which is estimated at $2.000. The attachment shows the
breakdown of these expenses, and potential City revenues, which
are expected to balance out (excluding the grant allocation), for
a break-even event.
go- 359
C439-1
MIAMI SENIOR HIGH SCHOOL
r SPRING FOOTBALL JAMBOREE
ORANGE BOWL STADIUM
REVENUE/EXPENSE ESTIMATES =
B A S g
3
- Total Estimated Attendance 4,000
-i Attendance
s --
i —_
Ticket Price $ 4.00
Applicable Surcbarge $ .50
G R O S S R E V E N U E S
RENT $1. 750
SURCHARGE (TOTAL ATTENDANCE X $0.50) $2.000
To be covered by a grant from Special
Programs and Accounts
FOOD & BEVERAGE
CONCESSIONS (Att. x $0.85/cap x 42.1%) $1.431
NOVELTIES
CONCESSIONS N/A
TOTAL $5,181
C I T Y E X P E N S E S
EVENT PERSONNEL $1.960
CLEANUP 721
STADIUM LIGHTS (estimated 2 hours) 2,500
TOTAL $5.181
NET CITY REVENUE/LOSS
TOTAL (excluding grant)
($ 0 )
NOTE: Due to the low attendance and the availability of on -
street parking, controlled parking operations are not
conducted for high school events. in accordance with
Ordinance 10595.
90- 359
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