HomeMy WebLinkAboutR-89-07753-89-867
09/05/89
RESOLUTION NO. 89-S
{ A RESOLUTION, WITH ATTACHMENT, ESTABLISHING
± SPECIAL CHARGES, TERMS AND CONDITIONS FOR THE
USE OR THE ORANGE BOWL STADIUM BY MIAMI
SENIOR HIGH SCHOOL, AND OTHER DADE COUNTY
HIGH SCHOOLS LOCATED WITHIN THE CITY OF
MIAMI, FOR SAID SCHOOLS' PRESENTATION OF A
LIMITED NUMBER OF HIGH SCHOOL FOOTBALL GAMES
DURING THEIR 1989 FALL FOOTBALL SEASON;
ALLOCATING AN AMOUNT NOT TO EXCEED $5,000
FROM FUNDS TO BE APPROPRIATED TO FY'90
SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT
FUND, TO COVER THE TICKET SURCHARGE FOR SAID
GAMES; FURTHER AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM WITH ADDITIONAL PROVISIONS FOR
THE GRANT ALLOCATION AS SPECIFIED ABOVE,
BETWEEN THE CITY OF MIAMI AND THE DADE COUNTY
SCHOOL BOARD.
WHEREAS, the Department of Parks, Recreation and Public
Facilities is reponsible 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 high
school football games at said facility during the 1989 fall
football season; 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, Recreation and Public Facilities have determined that a
special "flat" use charge of $1,750 per game for said football
games will provide a community service to local youth; and
WHEREAS, the schools have agreed to cover police personnel
expenses for said games and will assess a surcharge of fifty
cents ($0.50) per paid admission for all games in accordance with
Ordinance No. 10439, as amended; and
WHEREAS, Miami Senior High School has also requested a grant
allocation, in an amount estimated to be $5,000, from the City to
cover the applicable ticket surcharge as required by City Code
Section 53-1; and
CITY COMMISSION
ff
EETING OF
ATTACH EP s 14 1989 CONTAINED RESOLUTIONJ
No.Qo 977ct
J-89-8b7
O'9/05/t33
Sg-5�
RESOLUTION NO.
i
;k
A RESOLUTION, WITH ATTACHMENT, ESTA13LISHINO
SPECIAL CHARGES, TERMS AND CONDITIONS FOR THE
USE OF THE ORANGE BOWL STADIUM BY MIAMI
SENIOR HIGH SCHOOL, AND OTHER DADE COUNTY
HIGH SCHOOLS LOCATED WITHIN THE CITY OF
MIAMI, FOR SAID SCHOOLS' PRESENTATION OF A
LIMITED NUMBER OF HIGH SCHOOL FOOTBALL GAMES
DURING THEIR 1989 FALL FOOTBALL SEASON;
ALLOCATING AN AMOUNT NOT TO EXCEED $5,000
FROM FUNDS TO BE APPROPRIATED TO FY'90
SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT
FUND, TO COVER THE TICKET SURCHARGE FOR SAID
GAMES; FURTHER AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM WITH ADDITIONAL PROVISIONS FOR
THE GRANT ALLOCATION AS SPECIFIED ABOVE,
'
BETWEEN THE CITY OF MIAMI AND THE DADE COUNTY
:!
SCHOOL BOARD.
WHEREAS, the Department of Parks, Recreation and Public
Facilities is reponsible 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 high
school football games at said facility during the 1989 fall
football season; 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, Recreation and Public Facilities have determined that a
special "flat" use charge of $1,750 per game for said football
games will provide a community service to local youth; and
WHEREAS, the schools have agreed to cover police personnel
expenses for said games and will assess a surcharge of fifty
cents ($0.50) per paid admission for all games in accordance with
Ordinance No. 10439, as amended; and
WHEREAS, Miami Senior High School has also requested a grant
allocation, in an amount estimated to be $5,000, from the City to
cover the applicable ticket surcharge as required by City Code
Section 53-1; and
...�..._..... CITY COMMISSION
MEETING OF
ATTACH141011affb S 14 1989
EP pp
ONTAINED RESOLUTION No. ��
0
WHEREAS# the additional terms and conditions of the proposed
use agreement contain provision to extend such use and rates only
to high schools located within the city limits of Miami and to
make such use subject to the availability of dates; 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:
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 and other Dade County High
Schools located within the City of Miami are hereby established
for said schools' presentation of a limited number of high school
football games during their 1989 fall football season.
Section 2. An amount not to exceed $5,000 is hereby
3' allocated from funds to be appropriated to FY'90 Special Programs
' and Accounts, Contingent Fund to cover the cost of the required
ticket surcharge for said games.
f
Section 3. The City Manager is hereby authorized to execute
an agreement, in substantially the form attached with additional
a;
provisions for the grant allocation specified in Section 2 above,
between the City of Miami and the Dade County School Board.
Section 4. This Resolution shall become effective
immediately upon its adoption pursuant to law.
PASSED AND ADOPTED this 14th
2
389.
k�
.'k,,, j M ..r-
{ " MIAMI SENIOR HIGH SCHOOL FOOTBALL 1989
----------K' iw t ORANGE BOWL STADIUM
REVENUE/EXPENSE ESTIMATES
2�M
Sept. 28
Oct. 27 Nov. 10Total
O 4
B A S E
Total Est.
2,600
2,600 2,600 7,800
Attendance
Ticket Price
Parking rate
Parking lot(s) Capacity
G R 0 S S
RENT
SURCHARGE (Total Attendance x $0.50)
CONCESSIONS (Att. x $0.85/cap x 42.1%)
$ 4.00
$ 4.00
$ 4.00
1q,/A
N/A
N/A
N/A
lit/A
R E V E 9 U E S
1,750.00 1,750.00 1,750.00 $5,250.00
1,300.00
930.41
1,300.00
930.41
1,300.00
930.41
3,900.00
2,791.23
FOOD & BEV.
CONCESSIONS
N/A N/A N/A N/A
NOVELTIES
I PARKING (Lot capacity x applicable rate) N/A N/A N/A N'A
TOTAL $3,980.41 $3,980.41 $3,980.41 $11,941.23
C I T Y E X P E N S E S:**sss*sssss:ssssas:,��ssfsirs
N E T
N/A
2,030.00
N/A
2,030.00
N/A
2,030.00
N/A
6.090.00
v
so
721.00
721.00
721.00
2,I63.00r _
2,000.00
2,000.00
2,000.00
6,000.�00
$4,751.00
$4,751.00
$4,751.00
$14,253-00
C I T Y
L O S S sssssssassssss*lhisfs*lssi
alr
<$ 770.59>
<$ 770.59),
<$' 770-S9
F
< 2,321.77�► v
3:
�t=F- -moo rHU +54 FIAPK . i?e P
CITY OF MIAMI, FbORIDA
THIS AGREEMENT made and entered into this � day of
1989, by and between the CITY OF MIAMI, Municipal
corporation of the Slate of Florida, hereinafter referred to as
the "CITY" and Dade County School. Board, a political subdivision
of the state of F.torida, with its office Located at: 1450
Northeast. :second Avenue, Miami, Florida 33132, telephone (305)
995-1202, hereinafter, referred to as the "USER".
W I T N E S 5 F T Ili
In consider.at.ion of the covenants and acjreement:s hereinafter
Bet. forth, the CITY does hereby gran': unto the USER the privilege
of entry upon or into the rlunicipat facility of the City of Miami
known as the ORANOM BOWL STAWUM, the said rAility to be entered
upon or into for the purpose of presenting high school. football
games, for t.be periods commeAl ng at 7 :00 p.m. and terminat. i.ng at
12:00 Midnight on availabl-e dates per the attached schedule
(Exhibi% I), not including "setup" and/or. "dismantle" time. If
rec)ui.r,ed, set-up shalt be the day prior to each event_ and
dismantle shalt be immediately after the end of each event.
(Set.up and dismantle time is normally free of charge unless
unusualAy tong periods of time Ve requi.r.ed) . All terms and
conditions set forth in this Agreement shalt apply to oach
individual foot.bali came.
Said schedule (F.xhi.bi+_ I) may be modified upon submission of
revised schedule by the USER, or aut.hor.ized designee, subject. to
the availability of Mates as determined by the Assistant: Dir.ect:or
of the Department of Parks, Recreation, and Public ractlities,
and to t-he written approval of the Director of the Depar.t:ment, of
Parks, Recreation, and Public Facilities.
USER shatl mean licensee.
THE USER HER155Y COVENANTS AND AGREES
1. To pay the CITY of Miami for use of said facility:
e�
one Thoudand Seven Hundred Fifty Dollars ($1,750.00) flat;
use fee for each day's use.
2. To pay the CITY, upon the execution and delivery of t:hIe
Agreement., an amount equal to the liar, use lee ($1,750000)
multiplied by the number of games listed on the attached
tea_ schedulle (Exhibit I) .
PRF tog-oo/D
89
WON-
i�
E F T H LI S 4 F-' Ki f'" -:
3. Rased upon an act.uat admi.eision price, USER shalt levy and
collect on behalf of the CITY, a ticket. surcharge on each
pntd aamts"lon. The amount of the surcltarge shall be on
the admission price as follows:
rrice of Admission surcharge
$1.00 to $5.00 $0.5n
$5.01 to $15.00 $0.75
$15.01 and Over $1.00
Unless ot.her.wise approved by the Direct.or, each printed
ticket shall be itemized to show the admission price,
applicable taxes, any service Charge from outside t.Icket
agencies, and the City's ttrXet surcharge. All admission
t. .cket.s must: be pri_nt.ed by a bondel printer and listed on a
ticket manifest. The ianifest. shall be presented to the
Assistant Director, and USER will prepare a complete box
office statement of all admission tickets sold or
di.st.ribut.ed as complimentary t9ckets. USER shall record
collection of the surcharge anti shall tist: such revenue as
a separate_ item in the st nt.Ement. of accounts for the event:.
'r[exei. surcharge revenue Shall be paid to the CITY upon
demand, and/or as soon as possible after the conclusion of
t.lin event, in accordance with City Code provisions and the
terms of thta Agreement..
4. To pay the CITY, on demand, such sum or sums as may be due
to said CITY for, adds.-ional servi.ces, accommodations, or
material furnished to said USER.
5. That: the USER shalt pay to the City of Miami t;be cost. of
MT Any repair., rehabi.t.it.ation, damage cor•rect.i,on, replacement,
a or restoration of the Premises, or 'to defray any other
unusual but reasonable expense borne by the City as ai
consequence of presentation of the event.
b. That, all. advanced sums or advanced payment: for services
shall be forfeited if, through the fault: of the USER, the
event: is not held on the dates and times necessary.
7. The CITY r.hserves the r, i.ght to enter upon the premises at;
any tame dur.i.ng the period of use as it. deems necessary.
0. The CITY reserves the right to remove from the premises all
USER effects remaining in or on the ground of the facility
after the end of the contract period, at: the expense of the
USER; or tci`charge stor.aye at the rate of $1,000.00 per day
for each day or, part of a day that said effects remain in
or on the cjr.ounds of the facility after the end of t:he
contract period. For purposes of this provision,
"dismantle time" shall be considered to be a par*-, of the
contract: term.
9. To provide a diagram of the proposed event layout, '.o the
office of Fire Prevention, 275 N.W. 2nd Street, Miami,
Florida and obtain fire permits required by Sectton 19-516
Of the code of the City of Miami, relative to fire safety.
Fire Departmen'. manpower requ.ir.en►ents shall be as
stipulated by the Fire Marshal and approved by the
Ansisf:ant: Dir.echor..
10. That any matters not herein expressly provided for shall be
in the discretion of the City Manager or his designated
r.epr,esentat:ivo.
11. Thai, USER has read the "Rules and Regulations for. Use of
City of Miami Municipal Facilities" which are attached to
the "Application for. Use of City of Miami Municipal
Facilities", that he or she fully understands said Rules
and Regulations, and that by the execution of this
Agreement, lie certifies that. he will abide by each and every
w 1 �
8!).5
=•EF - - •= c` YHt1 PARk' = FP. EC P _ 04
rule And regulat.i.on se' out. therein without_ the need to
Have said Rules and Regulations repeated in this Agreement.
1.;_1.
The USER shall defetit3, indemnify and have harmless £ot.\ever.
the CITY, and all the CITY's officers, agents and
employees, including al.l police officers and staffing As
specified in Paragraphs 17 and 18 of this Agreement, from
all changes or claims r.esul.ti.ng in any personal injury,
loss of .life, or damage to property, from any act, vmiasion
car neglect., by himsel r or his employees, the USER shalt
furt:lter indemnify CITY as to all. costs, attorney's fees,
expenses and liabilities incurred in the defense of any
such claims and the investigation thereof.
13.
That. USER agree:g that !.here shall be no di scriminnti.on an
to race, sex, color, handicap, creed or national origin in
Connection Willi any Operation under Chia Agreement..
1.4.
CITY shall. not be liable for any loss, injury or damage to
any personal property or equipment_ of the USER or anyone
whomsoever, luring any times the premises are under the
control. of and occupi ell by the USER. Al.l personal property
placed Or moved on the subject. premises shat.l be at. the
risk of USER or the owner thereof. Furthermore, it, is the
responsibility for the USER to provide security whenever
personal property either owned or ustsjl by the USER or, hin
licensees is placed on the premises during the term of this
Agreement including setup and dismantle times and, in
particular, during those hours the premises are not open to
the general public. S
THE
CITY HEREBY COVENANTS AND AGREES;
15.
To furnish at. CITY's expense, except as may herein be'
ot.hesrwlse provided, necessary personnel such as event
supervisor, stadium assistants, office attendants,
elec:t.rtcians, Custodians, elevator, operators# groundsmen,
and other personnel upon the approval of the Assistant
—
Di.rect\or, light for ordinary use, wager for all reasonable
purposes, restroom supplies and nothing else.
16.
CITY represents and warrants that the Stadium and
facilities will be clean, %i.n cjood repair, reasonably fit
for the purpose for which they are to be used, in safe
condition for the use intended, and will have no defects
which would pr.even+. or impede the proper conduct. of the
Event, r-
THE PARTIES !HEREBY t•1UTUALLY COVENANT AND AGREE:
17. That. the following additional provisions shall be adhered
to
a. Occupational License to be secured from the Tax and
License Division, 3006 Aviation Avenue, Miami, Florida,
and presented to the Assist:ant. Director. Prior to the
start of the use period, if applicable.
b. All parking revenue belongs to the CITY.
C. The Director. of Parks, Recreation and Public
PhCilities, after full discussion of the the Hype of
ovens: with the USER, will contact the City of Miami
Police Department_ for sufficient security prior to,
during and after the event. USER to pay City Police
after each event day.
d. USER agrees to include in all advertising for events
in the facility ghat_ bottles and cans cannot: be brought
Into the facility.
r 3
89--'" 75.
. —Sea YHLA PiARI` ^s
e. Ticket manifest. is !.o be Presented !.a t_he Uirect.ur oL
Paths, Recreation and Public Facilities at the time of
the signing of thl.s Agreement or no gate►- tht+n the
start: of each event.
f. Ticket. sellers, takers, and ushers are r,esponsibillt'y
of USER.
g. User agrees to rear dowti immediately after the event
has ended.
h. USER agrees Lu restrict all vehtCleS fronn dress; any
excepkian must. be granted by the grounds and turf
manager*
i. dates are
to oper►
a!_ Least. two hours
Prior to
show
— time. All
tickets
and advertising
shall
indicate
gate
opening time. The
CITY reserves
the
right to
open
gages or.
adjust
gate opening
time
as tt.
deems
appropriate
bast-0 on cruwd control
and conditions.
USER agrees that he has no conceal ion rights during
the duration of the Agreement_.
k. USER shall provide, a!: his expense, al.t game officials,
ftel.d peraonnel., tve, towels, soar, soft. drinks, etc.,
for sideline, T.ockerr.00ms, and offi.ciat's room use.
10. Police requirements shalt be determined by the Assist :ant.
Director. of Public Faci4ities in coordination with the Miami
Police heparl:ment.
If, in the opinion of t.tie police event: commander, st;adi.un►
aecu*ity is insufficient for crowd control, he may summon
officers in sufficient numbers to offec!_ively control the
situation. The USER will assume the responsibility of
paying for the services of these additional officers who may
be on duty at their normal hourly rate or off duty aL time
And one-half Pay.
It additional of f i.ce►: b are off duty, they will receive a
minimum of four hours compensation or the actual time
a: devoted to the problem it*luding time spent completing
reports, booking prisoners, etc., whichever is greater.
19. The Director. of Parks, her_r.eat..ion and Public Facilities, at: -
his sole opt#.on and discretion shat.l be entitled to demand
payment: for the CITY for the above items at the time of the
closing of the t.lcket gates for the event. such monies that _
are on hand or bell W. a.tt. r•emot:e ticket outlets shall. be described as as "on premises gate receipts" and shall be
available for payment. of the City of Miami. to satisfy such
sums owed the CITY for rental, additional services,
accommodations, material. furnished, cost of any repair, _
rehabilitation, damage correction replacement or restoration
of the premises borne by the CITY as a consequence of
presentation of the event. The Director. of Parks,
Recreation and Public Facilities shalt., at his option, be
entAtied to collect such sums of money owed.
20. CITY and USER agree t,o insure or, self insure their "-
respective interests in personal property to the extent. each
deems necessary or appropr.iat:e and hereby mutually waive all
rights t:o recovery for toss or damage by any means and waive
all rights to recovery for toss and damage to such property
by any cause whatsoever.. CITY and USER hereby waive all
rights of oubr.oga Lion against each other under any policy or
policies they may carry or on property placed or moved on
t:bft premises.
- 4 -
T H1_1 C 'SS P64F'.1Fl. 0S
�J
21. USER covenants and agrees tbftt it. shall indemnity, hold
harmless and defend CITY, its agents? officers, and
employees, for the hours of use of said st.adium by USER,
from and 6gainst. any and all claims, suits, act -.ions,
damages, or causes of action arising during the term of
this Use Agreement_ for any personal injury, loss of .life,
or, damage to property sust.ainee in or about the premises,
by reason of or as a result: of USER's use or. occupancy
,hereof, to the extent: of t_he .limitations included within
Vl.orida Statutes, Sect -.ion 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 totaled with all
alher claims or judgements paid by USER arising out of the
eeme incident 01, 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
resp i l-cd of CITY,
22. A1.1 terms
and conditions of this
wr:ift-.en Agreement. shall
he binding
upon the parties, their
heirs
and assicjns, and
cannot he
varied or wa i.ved by any
cOal
representation or
promise of
any agent or other person of
the parties here
to, unless
the same he in writing
and mutually
signed by
the duty
authorized agent or
agents
executing this
Ayrccmont..
16
23. That the parties intend thathis ° document sha.II be
a License Agreement: and that no leasehold interest is -
conferred upon the USER.
24. If it becomes necessary for t:he CITY to inst:itut:e
peoceedi ngs to collect any monies due it by USER, USER
agrees to pay any and all reasonable atrorney's fees and
costs expended in the collection thereof.
25. This instrument and
its attachments constitute the sole
and only Agreement: of the ar_r.ies hereto relating to said
Agreement, and cor:rectl.y sf fortb the rights, duties and
obligations of each
other as of its date. Any prior.
agreement., promises,
negotiations, or representations not:
expressly st forth in this Agreement are of no force of _
effect:,
—
IN WITNESS WHEREOF,
the parties hereto have individually
and through their: proper
corporate officials executed this —
]Agreement the clay and
year first above written.
Attests
THE CITY OF MIAMI,
FLORIDA, a municipal
corporation of the State
of Florida
DY
UTUy`— rk
Cesar. H. Odio�
City Manager
ri
89- 0775
i
,.
� <t22:.
:Vp— 6-00 web Irl PAPKS One.
CITY OF MIAMI, FLonIDA CAvw22
INTER -OFFICE MEMORANDUM
Mayor and Members DATE 89
TO Hoof
of the City Commission
skirkitcl Resolution to Set Use Pee
for High School Football
Games at Orange Bowl
FROM Cesar H. Odio
City Manager
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 and other Dade County High Schools located within the
City, for the presentation of a limited number of football games
d,iring their 1989 fall football season. The legislation also
,locates funds from special Programs and Accounts to cover the
required ticket surcharge for said games and authorizes the City
f
Manager to execute the necessary agreement for same.
it
Background:
i1V
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 limited number of
football games during the 1989 fall football season. Due to the
limited funding available for this 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 per game, plus
City police expenses. All other costs, including lights, stadium
personnel, and clean-up will be borne by the City. They have
J1
also requested a grant to cover the required ticket surcharge
which is estimated at $1,300 per game. The attachment shows the
breakdown of these expenses, and potential net City loss
(estimated at $2,300 not Including the grant allocation), for the
three (3) games already scheduled for Miami Senior High.
Under the terms of the proposed agreement, the Director of the
Department of Parks, Recreation and Public Facilities may extend
these special rates to other high school football teams that are
located within the Miami City limits, subject to the availability
of dates.
■