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HomeMy WebLinkAboutR-88-0521J48=529 5/25/88 RESOLUTION NO, 138-5 1 A RESOLUTION SETTING A SPECIAL USE FEE FOR THE USE OF THE BOBBY MADURO MIAMI BASEBALL STADIUM BY THE FEDERACION DEPORTIVA NICARAGUENSE, INC. FOR SAID ORGANIZATION'S PRESENTATION OF APPROXIMATELY SIXTY (60) AMATEUR BASEBALL GAMES THROUGH DECEMBER 31, 1988; FURTHER AUTHORIZNG THE CITY MANAGER TO EXECUTE A USE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND SAID ORGANIZATION. WHEREAS, the Department of Parks, Recreation and Public Facilties is responsible for the operation of the Bobby Maduro Miami Baseball Stadium and seeks to secure the presentation of cultural and athletic events at that facility; and WHEREAS, the Federacion Deportiva Nicaraguese, Inc., a not - for -profit corporation, wishes to conduct approximately sixty (60) amateur baseball games at said facility; and WHEREAS, due to said organization's nonprofit status and the overriding benefit to the community from these sporting events, it is recommended that their request for a special stadium use fee be granted; and WHEREAS, the Director of said department has determined that said special fee, at $125 minimum use fee versus 10% of gross admission receipts, less taxes, per game, will not adversely affect the revenue operation of said facility; and WHEREAS, said fee is substantially higher than the "no rent" arrangement the City had with the Miami Marlins, which has moved to a facility in Hialeah; 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: AT � 1 �j E11LUS�0 CITY COMMISSION MEETING OF JUN 9 1988 RESOLUTIUPI NO. R L RKRKS, Section 1. A special use fee, equal to $125 minumum guarantee versus 10% of gross admission receipts, less taxes► per game, for use of the Bobby Madurc) Miami Baseball Stadium by the Federacion Deportiva Nicarauguense, Ihc, is hereby established for said organization's presentation of approximately sixty (60) amateur baseball games through December 31, 1988. Section 2. The City Manager is hereby authorized to execute a use agreement, in substantially the form attached, between the City of Miami and said organization. PASSED AND ADOPTED this 9th day of June , 1988. XAVIER L. SUA :1L MAYOR ATTES . toao� MATT HIRAI, CITY CLERK PREPARED AND APPROVED BY: ROBERT F. CLARK CHIEF DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: C J RRG L. E RNAN E Z CITY ATTORNEY -2- q8^521- CITY OF MIAMI, FLORIDA THIS AGREEMENT made and entered into this day of 1988, by and between the CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter referred to as the "City" and Federacion Deportiva Nicaraguense, a Florida not - for -profit corporation, with his principal office located at 9974 S.W. 88th Street, in the City of Miami, Florida 33176, telephone number (305) 649-2789 & 274-0759 hereinafter referred to as the "USER". R E C I T A L: In consideration of the covenants and agreements hereinafter setforth, the City does hereby grant unto the USER the privilege of entry upon or into the municipal facility of the City of Miami known as the Bobby Maduro Miami Baseball Stadium, the said facility to be entered upon or into for the purpose of presenting a series of baseball games on dates approved by the Director of Parks, Recreation and Public Facilities or his designee. The term of this agreement shall commence upon April 29, 1988 (with the execution of this Agreement) and expire on December 31, 1988. (Set up and dismantle time is normally free of charge unless unusually long periods of time are required). USER shall mean licensee. THE USER HEREBY COVENANTS AND AGREES: 1. To pay the City of Miami for the use of said facility: One Hundred and Twenty Five Dollars ($125.00) per day minimum use fee or 10% of the gross ticket sales, after taxes, whichever is greater, plus 6% State Florida Use Tax for each day. 2. To pay the City the sum of One Hundred and Twenty Five Dollars ($125.00) for the minimum use fee and 6% State of Florida Use Tax as specified in Paragraph 1 within three days before each scheduled event. If 10% of the gross ticket sales, after taxes, is greater than the minimum use fee, then the difference between said percentage fee and said minimum fee plus 6% State of Florida Use Tax thereon shall be paid at the conclusion of the event. 3. To pay the City, on demand, such sum or sums as may be due to said City for additional services, accommodation or material furnished to said USER. PRF#88-095/F fIS-S21. 4. That the USER shall pay to the City of Miami the cost of any repair, rehabilitation, damage correction, replacement or restoration of the premises, or to defray any other unusual but reasonable expense borne by the City as a consequence of presentation of the event. 5. That all advanced sums, or advanced payments for services shall be forfeited if, through the fault of the USER, the event is not held on the dates and times contracted. 6. The City reserves the right to enter upon the premises at any time during the period of use as it deems necessary. 7. 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 to charge storage at the same rate stated in Paragraph 1 on this Agreement, 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 contract period. For purposes of this provision, "dismantle" shall be considered to be part of the contract term. 8. To , provide a diagram of the proposed event layout to the office of Fire Prevention, 275 N.V. 2nd Street, Miami, F1, and obtain fire permits required by Section 19-516 of the Code of the City of Miami, relative to fire safety. Department manpower requirements are as follows: None required. 9. That any matters not herein expressly provided for shall be in the discretion of the City Manager or his designated representative. 10. That 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 he certifies that he will abide by each and every rule and regulation set out therein without the need to have said Rules and Regulations repeated in this Agreement. 11. The USER shall indemnify, defend and save harmless forever the City, and all the City's agents, officers and staff including those specified in Paragraph 14 and 15 of this Agreement, from all charges or claims resulting in any personal injury, loss of life, or damage to property, from any act, omission or neglect, by himself or his 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. 12. That USER agrees that there shall be no descrimination as to race, sex, color, handicap, creed or national origin in connection with its performance under this Agreement. 13. CITY shall not be liable for any loss, injury or damage to any personal property or equipment of the USER, or anyone whomsoever, during any times the premises are under the control of and occupied by the USER. All personal property placed or moved on the subject premisses shall be at the risk of USER or the owner thereof. Furthermore, it - 2 - 9 S-5 21 is the responsibility of the USER to provide security whenever personal property either owned or used by the USER or his 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. 14. USER agrees to pay One Hundred and Fifty Dollars ($150.00) per hour for Stadium lights if any of the games is played at night. THE CITY HEREBY COVENANTS AND AGREES: 15. To furnish at CITY's expense, except as may herein be otherwise provided, water for reasonable purposes, restroom supplies and nothing else. THE PARTIES HEREBY MUTUALLY COVENANT AND AGREE: 16. That the following additional provisions shall be adhered to: a. Necessary license to be secured from the Tax and License Division, 65 S.W. 1 Street, Miami, Florida. b. Insurance coverage is required and is to be cleared through the office of the City of Miami General Services Administration, Insurance Manager, 1390 N.W. 20 Street, Miami, Florida, telephone 579-6740. The Policy must be endorsed to name the City as a additional insured, and City is to be provided with certificate of same. The company must be acceptable to the City. c. USER agrees to pay for necessary personnel such as electricians, custodians, groundsmen, security, etc. Said personnel will be paid directly by USER with a four (4) hour minimum at rates established by the Director of Parks, Recreation and Public Facilities who will provide the USER with an estimate of said costs not less than 72 hours prior to the start of said event. d. USER agrees to pay for cleaning contractor for clean up of facility after each event has ended. In the event the lot 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 can only be done by City of Miami Solid Waste. e. USER agrees to tear down immediately after event has ended. f. USER must provide sufficient security prior to, during and after the event. Police to be paid directly by USER. g. USER is responsible for daily cleanliness of area and regular trash and garbage removal. USER agrees to provide, at his own expense, a minimum of two (2) two - yard trash containers for use during the time of this contract. h. USER agrees to provide, at his own expense, portable toilet facilities as determined by the Director of - 3 - 99-521. Parks, Recreation and Public Facilities for use prior to, during and after event. A total of four are needed. i. USER must provide the Director of Parks, Recreation and Public Facilities with a paid receipt for each performance for all licensing fees due each licensing agency whose music will be used. The Artist/Promoter/USER warrants that all copyrighted material to be performed has been duly licensed or authorized by the copyright owners or their representatives and agrees to indemnify and hold City of Miami harmless from any and all claims, losses or expenses incurred with regard thereto. USER agrees to and accepts the unequivocable right of the Director of parks, Recreation and Public Facilities to cancel any event if said valid license are not a part of the event legal record no later than seventy two (72) hours prior to gate opening time. 17. Police requirements are as follows: A maximum off duty staffing will consist of 2 police officers. This staffing level is established with the understanding that attendance is anticipated to be 2,000 persons. Police to be paid directly by USER. If in the opinion of the police event commander, the USER of the stadium does not actively and conscientiously suppress narcotics actively within the audience, he may summon plain clothes officers in sufficient numbers to effectively control the situation. The promoter 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 at time and one-half pay. If the additional officers are off duty, they shall be paid at their time and one-half rate for a minimum of four hours compensation or the actual time devoted to the problem including time spent completing reports, booking prisoners, etc., whichever is greater. 18. All terms and conditions of this written Agreement shall be binding upon the parties, their heirs and assigns, and cannot be varied or waived by any oral representation or promise of any agent or other person of the parties hereto unless the same be in writing and mutually signed by the duly authorized agent or agents executing this Agreement. 19. That parties intend that this document shall be a License Agreement and that no leasehold interest is conferred upon the USER. 20. 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 reasonable attorney's fees and costs expenses in the collection thereof. 21. This instrument and its attachments constitute the sole and only Agreement of the parties hereto relating to said grant and correctly set 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 of effect. - 4 - 98-521 22, No amendments, to this Agreement shall be binding on either party unless in writing and signed by bath 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: City Clerk Attest: Corporate Secretary APPROVED AS TO INSURANCE: Insurance Manager APPROVED AS PER DE RTMENTAL REOU LREMENTS • C�l Walter E. Golby, -tor Parks, Recreation a Public Facilities - 5 THE CITY OF MIAMI, FLORIDA BY Cesar 11. Odio City Manager USER Federacion Deportiva Nicaraguense, a Florida not -for -profit corporation BY Title (SEAL) APPROVED AS TO FORM AND CORRECTNESS: City Attorney f"t1�3. -521 CORPORATE RESOLUTION WHEREAS, the Board of Directors of FED9RACION DEPORTIVA NICARAGUENSE, INC,,desires to enter into an agreement with the City of Miami for use of the BOBBY MADURO MIAMI BASEBALL STADIUM; and WHEREAS, the Board of Directors of FEDERACION DEPORTIVA NICARAGUENSE, INC., has examined terms, conditions and obligations of the proposed Agreement with the City of Miami for use of the BOBBY MADURO MIAMI BASEBALL STADIUM, 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 FEDERACION DEPORTIVA NICARAGUENSE, 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 198 . Attest: Corporate Secretary Signature Print or Type Name ■. CHAIRMAN, Board of Directors By Signature EXHIBIT 1 Print or Type Name (SEAL) 9S_-51?1 _ITY _K MIAMI, TI-CRIDA LATER -OFFICE MEMORANDUM Honorable Mayor and Members �F June 9, 1988 of the City Commission City Commission Meeting ? June 9, 1988 �� ,..._.....� Agenda Items 410, # 13 , # 27 , Jor a L' Fer ndez 428, #55, #58, #59-#62, City Attorn #70, #75 ,#83 and - Non -Agenda Items (6) The following information and material should be considered by you in your deliberations at today's Meeting: Agenda Item #10 (J--88-510) [Resolution accepting bids for furnishing radiators and glass repairs] The bid ` award for auto glass which is contained in this �j Resolution, as distributed, incorrectly identifies the lowest bidder for this service item. The cost per unit when computed correctly establishes the Latin Auto Glass. Inc. as the lowest bidder and we are forwarding the corrected resolution to the City Clerk. Agenda Item #13 (J-88-514) [Resolution accepting bid for an electronic mail processing system] A bid protest has been filed in connection with this item. The Chief Procurement Officer's rejection of the protest based on the lack of responsiveness on the part of the protesting bidder has been approved by the City v/ Manager and City Attorney. Accordingly, we are attaching a resolution which provides for your approval of the rejection and this attached resolution should be substituted for the on s r u e n the e Agenda Item #27 (J-88-528) [Resolution authorizing agreement in connection with groundwater contamination problem at South District Police Substation] This contract for the professional services in connection with this item has been reviewed and approved. A copy �is attached for your information and reference. No , change whatever is required in the resolution which may e adopted as distributed. qS-521. f;8-52 1. Mayor and Hewers of the City Commission June 9, 1988 Page 2 Agenda Ttem #28 (J-88-829) [Resolution setting special use fee for Federation Deportiva Nicaraguense, Inc. at Bobby Madura Miami Baseball Stadium] Although no change has been made in the resolution in connection with this item, th�aOreemPnt as t fi . b ,tad hewn modified o incorporate a provision for assessment of urc rge authorized by Ordinance No. 10439, adopted May 19, 1988. NOTE: At the time the Consent Agenda is voted upon. if these Items; (#10, #13 and #28) are not removed from the Consent Agenda and considered separately, there should be an announcement made by the Mayor that Items #10, #13 and #28 are being voted upon 'as modified'. Agenda Tl,em #55 (J-88-485) [Ordinance establishing a Miami Waterfront Advisory Board] The Chairperson of the existing Waterfront Board requested that this proposed ordinance as distributed be modified to remove the reference to appointment of a secretary. Accordingly, we have removed this provision and have added the following language in the ordinance draft being forwarded to the City Clerk: It shall be the duty of the City Manager to provide administrative support to the Board whioh shall include the services of an individual to keep minutes of meetings, maintain Board correspondence, post meeting notices, file reports, and perform all other necessary support functions. [Section 4(e). Page 4] No provision has been made for automatic removal or forfeiture of membership based on absence or tardiness by the new Board's members. The Commission's plenary power of removal is expressed in the following language which is contained in the ordinance, as distributed: All members shall serve without compensation for terms of office as indicated hereunder and shall be subject to removal by the Commission for any cause. [Section 2(b), Page 2] C S-521 9S--Sz 1. itU*airo.i 0 0 Mayor and Members of the City Commission June 9, 1988 Page 3 Agenda Items #56 (J-88-498) [Resolution concerning the Department of Off -Street Parking Five Year Strategic and Financial Operations Plan] This item, as distributed, reflected the Commission's adoption of the Plan as well as approval. For accuracy, we have deleted the word "adopting" from the Resolution. Agenda Items #52-62 (J-88-548, J-88-549, J-88-550, J-88-551) [Resolutions concerning the annual budgets for the Department of Off -Street Parking and the operation of the Gusman Center for the Performing Arts and Olympia Building, World Trade Center Garage and Downtown Government Center Garage] These items, as distributed, reflected the Commission's adore tics of the budgets for these entities as well as approval of the budgets. For accuracy we have deleted the word "adopting" from the Resolutions. agenda Item #70 (J-88-493) [Resolution approving escrow agreement with Swire Pacific Holdings, Inc., Vizoatran, Ltd. for elderly -handicapped housing] The descriptive reference in the Resolution title to the project as expressed has been added to the Resolution body at the bottom of Page 1. No other change has been made in the resolution as distributed and no change whatever has been made in the Escrow Agreement. Agenda Item #75 (J-88-568) [Resolution authorizing the issuance of a Request for Proposal for Visions 20001 For clarity, we are attaching the draft of a Request for proposals to be subsequently issued for the procurement of professional consultant services in oonneotion with this item. No change has been made in the Resolution. Agenda item #83 (J-88-574) (Resolution determining marketing, management, promotion, etc., services for the Miami Design District Special Improvement District] We are attaching background material in connection with this item which was omitted from the Agenda Paoket. No change whatever has been made in the Resolution, as distributed. 98-521 Fix-521. Mayor and Members of the City Commission June 9, 1988 Page 4 Non- Benda item (J-88-580) (Resolution authorizing City Attorney to take all necessary steps against any person or firm responsible for design and construction of Miamarina Project for purpose of recovering City's expenses] This item was distributed last week under a separate transmittal memorandum and we are attaching it herewith for convenience. _ Non -Agenda Item (J-88-583) (Resolution awarding demolition bid contracts] Due to the timeliness and impetus of the City's enforcement measures on the subject of "crack houses", we are forwarding material which you may desire to consider today rather than await the next Commission Meeting. The material is self-explanatory and reflects compliance with applicable City Code procurement provisions and may be adopted today. LAD:RFC:bss:P583 cc: Cesar H. Odio, City Manager Matty Hirai, City Clerk Ron R. Williams, Director, General Services Administration Sergio Rodriguez, Director, Department of Planning Walter Golby, Director Department of Parks, Recreation and Public Facilities Edith Fuentes, Director, Building and Zoning Department John Gilchrist, Director, Department of Development Jack Mulvena, Executive Director Department of Off -Street Parking Martha D. Fornaris, Assistant City Attorney Linda K. Kearson, Assistant City Attorney G. Miriam Maer, Assistant City Attorney Joel B. Maxwell, Assistant City Attorney Rafael B. Suarez -Rivas, Assistant City Attorney f 1Z 0 CITY Off' MIAMI. PLORIDA 1NT1=R4:)#rF10E MEMORANDUM To Honorable Mayor and Members DATE i FILE - Of the City COMMi ssi on ��Al i � 8$ FILE SUBJECT Resolution to Set Special Use Fee/Base- ball Stadium for Federacion Deportiva FROM REfERENCEs: Cesar H. Odio ENCLOSURES: Nicaraguense City Manager Recommendation: it is respec ully recommended that the City Commission adopt the attached proposed resolution authorizing the application of a special Use Fee at the Bobby Maduro Miami Baseball Stadium for the Federacion Deportiva Nicaraguense for its presentation of sixty (60) amateur baseball games through December 31, 1988. The resolution would also permit the City Manager to execute a use agreement with this organization. Background: The epar ment of Parks, Recreation and Public Facilities has prepared the attached legislation. The Federacion Deportiva Nicaraguense, Inc., a not -for -profit corporation, wishes the use of the Bobby Maduro Miami Baseball Stadium for approximately sixty (60) amateur baseball games. These games are important replacements for those sporting events formerly held by the Miami Mar 2li-is, which has moved to a facility in Hialeah. Since the Federacion is a non-profit organization, it has requested a special consideration for the stadium use fee stipulated in the City Code. They have offered to pay a per game minimum guarantee of $125 versus 10% of gross admission receipts (less sales taxes and plus the State Use tax). The Department Director has determined that this will not adversely affect the revenue operation of this facility. In fact, it is considerably more per game than the City received from the Marlins, which paid no use fee. Additionally, the Department anticipates significant revenue from food and beverage concessions from the Nicaraguan games. Fi8-521.